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COUNCIL OWNED MOBILE TOWER AND MOBILE SITE LEASES

Councils and local governments, whether small or large population areas, are being increasingly requested to help find a suitable location for the transmission of wireless services. In some cases this is a mobile tower owned and operated by the council itself. In other cases, this is the lease of council property or structures for the purpose of building a mobile tower or attaching antennas. With the telecommunications industry changing rapidly and new technological advances altering the means in which wireless carriers provide service, it is imperative that councils stay informed.

SiteXcell has consulted for a number of councils. While the tasks to be undertaken differed widely from case to case, there is one universal component of the consultation. Every single consultation has involved a discussion over the "boilerplate" lease that the council utilises for execution with wireless tenants. And every single consultation has shown that many councils really do not understand the technical or operational aspects of the leases, especially in light of the recent mergers, joint ventures and industry developments.

Many councils attempt to use the same lease that they modified from a wireless carrier's template language 5-7 years ago. Yet while technology and the carrier's requirements have changed, the leases have not. In some of SiteXcell's recent consultations, this failure to update the lease from a technical perspective is resulting in the loss of revenue and unnecessary liabilities with, for instance, make good activities. These losses in revenue or costs could have been prevented.

With the advent of new technologies like WI-FI and WI-MAX, it is becoming more crucial that the underlying lease document reflect the opportunities or threats the new technology presents. SiteXcell can help you review your lease document from a technical standpoint and make suggestions for your council attorney to implement that will protect you from losing lease revenue or incurring unnecessary costs in the future.

Please contact us for more information.

If you are interested in seeing more information on how your council can maximise its revenue from developing its own mobile towers for lease, please click here.