Cell site lease
Cell site lease
Cell site lease
Well, it would be a thorough income on your immovable property. You will receive a mail box' income every month. But if you don't get your privileges restored and your attorney doesn't raise your queries, it is very likely that you end up being a scapegoat due to an agreement on your own property. While you should not worry about giving your space on a lease for setting up of a cell tower, you need to be wary of hidden terminology associated with cell site lease which may prove to be disastrous at a later date.
The term cell site' refers to deployment of antennas and communication equipment on a site. This means that any space that is at advantage can go in for lease for a period of over 20 years or so which means that your son or your spouse should stand to benefit from its revenue at the extreme. So, parties involved in the lease agreement must remember that none should be at the receiving end. Balance lies in the perceived value of the land by telecom carrier and distinct features of the land involved.
Some of the common terms and conditions are as follows.
Rent: Rent varies from site to site and wireless carriers' perception on the value of the land. Demand for the cell site and its coverage area are central to how much the carrier is willing to pay although sometimes the space provided by landowner comes into play.
Access: This is of utmost importance. The wireless carrier should be free to gain access to the site 24 hours a day, 7 days a week through out the year. While the carrier sees this access as an important factor, the landowner wants the carrier to carry his tasks in such a way that his other businesses don't get disturbed. Both parties should realize that none of their genuine business interests are intercepted.
Use of the site: This again comes to square one. This use' clause defines how the participants see the site from their respective points of view. Landowner would want a clause free from many conspicuous words or hidden implications and favor a single sentence permitting the carrier to build and operate the site. If the carrier wants to expand it in the future, this single sentence will give more leverage to the owner then.
Co-location and sublease: This is a common and yet another important deal. A balanced agreement would be to see that landowner gets a minor commission from co-locating fees gained from another sub operator at the site in question. As said, the owner should expect a minimum from the co-operative deal otherwise the carrier might see for alternative sites.
Interference: Another major issue that pops out is interference' to signal and/ equipment. In this case, the carrier should be able to remedy it without delay and so the carrier will not want to bear the loss of time and fame due to third party interference.
Termination: This is flagship point in the agreement. Because when the carrier sees difficulty operating from the site due to interference in signal or loses its identity to operate because of changes in technology, the carrier would want to pull out of it early without waiting for the term to end. This is where landowner must exercise caution for inclusion' of notice period. Most likely the carrier would agree to pay the sum incase it feels highly impossible to operate till the term.
Every provision suggests that there should be a common point of bargain for the both the landowner and the wireless carrier. The perception of the site by the carrier and that of the landowner must converge for the smooth deal.
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