Negotiating a cell antenna lease?
New lease? Renewal?
Negotiating a Rogers, Telus, Bell, Wind, Dave or Public mobile lease?
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Typical property owner risks are:
Statutory Right of Way (SROW)
Cell companies frequently try to get an exclusive SROW on properties to give them full control on your site. The SROW can require an owner to obtain permission from the cell company to sell, re-finance, mortgage, subdivide, change ownership, modify, build or in anyway do anything that might impact the site. The SROW frequently shows the entire rooftop on the highlighted diagram giving them exclusive control of the rooftop not just the equipment areas. Avoid the SROW.
Owners often sign several cell antenna leases that overlap. AMC has seen multiple rooftop leases each leasing the entire rooftop to three different cell companies. If the first tenant forces others to vacate because the first tenant needs the space, who pays the business loss? Millions can be at risk.
Duty To Defend
Owners rarely get “Duty to Defend” rights from cell companies. As a result, any litigation costs such as lawyer’s fees must be paid by the owner upfront – potentially millions. AMC’s agreements shift liabilities from the Owner to the cell companies.
Building and Electrical Permits
Owners frequently sign over the authority to cell providers to obtain structural, electrical and other permits. AMC’s experience is that permits are not current for the installation or not approved. If lightning hits an unapproved antenna and makes the building uninhabitable – who is liable? What is insured?
Radio Frequency Exposure
Are you protected alleged RF exposure to rooftop workers or potential class actions from RF exposure from your building? Provincial worker’s safety have considerable powers to act against the Owner. Class actions can be initiated by non-workers at any time and for any type of RF concern. Non-compliant antennas may not require proof of injury – just proof of a Safety Code 6 violation. Legal costs might drive owners to settle. AMC’s agreements include special Safety Code 6 provisions to protect owners from litigation.
Damages in excess of $15,000,000 were recently awarded against a building owner in Canada. AMC expects future claims to rise. Most agreements have less than $5,000,000 coverage. AMC puts the responsibility to pay all legal costs from Day 1 on the cell carrier.
Course of Construction
AMC requires that workers, contractors and subcontractors engaged by the cell provider are insured and properly licensed when working on your building.
Temporary Suspension of Services
If the cell site transmission operations are disrupted from an incident on your site, they can sue for loss of business. AMC’s lease removes business loss exposure from the cell provider.