Sprint’s Questionable Addition of Clearwire Antennas
July 27th, 2010 by sita Posted in Clearwire, Sprint PCS, cell sites, sublease | No Comments »A client we represent had a Sprint construction crew show up at their doorstep to perform what they called “standard maintenance”. It was a sizeable construction crew and they never notified the landowner prior to showing up. Our client wisely prevented the crew from entering the site at that time- stating that they had the right to do regular maintenance but not modifcation of the existing cell site. The Sprint agent tried to tell the client that they were legally entitled to the modifications.
Upon further investigation, Sprint was actually trying to sublease space on the roof to Clearwire without telling our client. They never mentioned until pushed that the maintenance actually included adding 3 microwave dishes and a cabinet on the roof. This wasn’t a impulsive decision by Sprint- when we asked they provided construction drawings and a structural analysis for the roof, both of which they had no intentions to provide to the owner.
In reviewing the lease, we found that Sprint had the right to sublease but they did not have the right to add the equipment as the agent had suggested. We immediately contacted the agent and sent a letter stating that they would be in breach of the lease agreement if they proceeded after delineating the specific reasons for our objection.
Sprint’s tone changed pretty quickly and they are now willing to negotiate an amendment.
The purpose of relating this story is that it represents a change in how Sprint and Clearwire are acting in relationship to each other. Previously, Clearwire would have directly approached the landowner to negotiate a second lease. Now, they have obviously worked out their differences and as a result are trying to add Clearwire equipment to a rooftop without telling the property owner. In these situations, it is crucial that you understand what your lease allows Sprint to do and what it doesn’t. Since these issues are primarily technical ones, you should find an attorney who understands the technical limitations of the underlying lease agreement. For more information on cell tower subleases, please see Cell Site Subleases.
Municipal Lease Negotiations- When Cities Undervalue Their Assets
January 27th, 2010 by admin Posted in cell sites, city, municipality, water tower | No Comments »
There are times when I come across a news story and am saddened when I read about a municipal landowner who has negotiated an undervalued lease. This particular story is about a Village in the Chicago, IL area who negotiated their own agreements with Verizon, US Cellular, Clearwire, and T-Mobile for use of a water tower on school district property. The lease rate negotiated was less than the average of what the typical tower company charges for a collocation lease.
This particular site water tower is located in an urban area. Without knowing anything else about the area, it is easily clear that just by the fact that there were four users interested in going on the site, that this is a unique site and should have commanded significantly higher rents.
I assume that the decision maker’s had the best of intentions. I assume they contacted other municipalities nearby to find out what other villages were being paid. However, they were incorrect in assuming that their location was average and that the comparable lease rates should apply. As a result, they did their constituents a disservice. As a result, this particular Village will lose out on a minimum of $500,000 in future value over the course of the leases. All because they failed to understand the unique value of their property and relied upon average lease rates.
Cell Tower and Cell Site Location Data: A Primer
November 24th, 2007 by admin Posted in Rooftop cell sites, cell sites, cell tower locations, cell towers, tower maps | No Comments »
CELL SITE VS CELL TOWER
Many people make the mistake of comparing “cell sites” and “cell towers”. I regularly receive inquiries from people who say they have a “cell tower” on their roof. What they actually mean to say with rare exception is that they have a “cell site” or cellular antenna site on their rooftop. A “cell site” is simply the antenna installation. A “cell tower” is the support structure upon which a single or multiple “cell sites” are installed. “Cell sites” can also be installed on rooftops, water towers, billboards, signs, hillsides, ect. (In rare cases, there are cell towers installed on top of rooftops.)
1. Rawland: A proposed site for a new tower which will accommodate multiple “cell sites” or “collocations”.
3. Tenant Improvements: The improvement of an existing structure other than a tower. This can be a water tower, a building rooftop installation, or any other non-tower structure.
It is difficult to estimate the number of cell sites in existence. In a few previous posts, we have indicated the number of cell towers owned by the top 20 towers companies (as ranked by RCR who does a yearly informal and somewhat inaccurate poll), our article on estimates of the total number of cell sites owned by each carrier, and estimates of the number of towers owned by each wireless carrier.
COMPLETENESS OF TOWER DATA
To start with, there are no comprehensive tower databases that I am aware of, including Steel in the Air’s. We are contacted on a weekly basis by individuals looking to procure “cell tower” data. However, most of these people are actually looking for “cell site” data. They don’t need to know where towers are but instead want to know where each carrier has their sites. There are multiple reasons why they want to know:
1. Location Based Services (LBS): The wireless carriers are required by the FCC to be able to Enhanced 911 (e911) services for wireless devices which enables emergency providers to locate cellular handsets with a moderate degree of accuracy. Many entrepreneurs desire to use “cell site” locations and coordinates to establish locations for their wireless service. From the location of an individual cellular provider’s cell towers and cell sites, these entrepreneurs intend to triangulate their service’s user’s locations. Unfortunately, we are not aware of any commercially available service whereby this data can be purchased or is otherwise available except through from each individual carrier.
PUBLICLY AVAILABLE DATA
Many of the available online sources of tower data simply regurgitate the records available from the FCC. Please note that there is no requirement by the FCC or any other government agency to register individual “cell sites”. Cellular service is licensed by the region, meaning that the FCC grants the wireless carriers a general license for a county or other geographic region. As long as they conform to the frequency and power limitations of these licenses, they can build anywhere (with local zoning approval).
There are numerous types of data available from the FCC for antenna sites. However, these online sources do not distinguish between what the datasets provide. This appears to create a good deal of confusion between users. Below are some of the datasets provided by the FCC.
1. Antenna Structure Registrations. (ASR) Many of the free online sites for tower data use this as the base data. (Antenna Search.com, Cell Reception.com) Antenna Structure Registration is required by the FCC for those tower sites that pose a threat to air safety. In short, this means towers that are over 200’ tall or those towers that are within 5 miles of an airport. Accordingly, if a tower is under 200’ and is not within 5 miles of an airport, it does not have to be registered with the FCC. (For a indication of how many towers exceed 200′ tall- see our previous post on cell tower heights.) It is important to note that ASRs are only necessary for towers- not cell sites. Oftentimes, the owner of the antenna structure or “cell tower” is not the wireless carrier, it is a tower company who built the tower or a tower aggregator like American Tower or Crown Castle who purchased the tower sites from the wireless carriers. To complicate matters, many of the FCC ASRs are not actually used for cellular communications. They can be two way radio towers or broadcast towers or other wireless internet service towers. There are approximately 110,000 antenna structure registrations.
In essence, if you use the free services that regurgitate the FCC data, recognize that you are getting what you paid for. I personally would not waste my money on any service that offers to sell you the FCC data. (It is available for free from other online sites and can be downloaded from the FCC website for free, although the translation of the database is not simple.)
We have assembled a comprehensive database of tower and cell site locations from numerous sources, including the public FCC data, FAA data, and tower companies that provide their data online. We also have represented over 1000 clients with cell site leases for a few thousand cell sites. For many of those clients, they helped fill in missing data in their area by driving around. In addition, we have independently gathered specific cell site from various sources including paying people to literally drive areas of interest and visually identify towers. Some of our data includes lease rate data, most of it doesn’t. We use our data to assist our clients with determining where cell sites are. In a number of cases, we don’t have complete cell site data for an area. However, we know how to “fill in the holes” and how to assess areas for existing cell sites. In short, we make it our business to collect cell tower and cell site data and create tower location maps. We don’t simply regurgitate free government data.