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[telecom] Need some guidance on telecom easements [Telecom]

> ***** Moderator's Note *****
>
> IANAL, and you need a good one, experienced in both easements and
> tower leases. Don't go to the local guy: this is an area where new
> precedents are being set almost daily, as cell towers and cellular
> infrastructure pop up at every streetcorner. You need a firm that
> does this all the time.
>
> You can start by getting some facts by yourself:
>
> 1. What frequencies will the transmitter(s) operator on? 
> 2. What company will hold the FCC license? 
> 3. What are the authorized emission types?
> 4. Would the easement allow them to add more transmitters in the future?
> 5. Does the easement allow them to heighten the pole or substitute a
>  tower?
> 6. Does the easement allow them to erect new buildings?
>
> The specific answer are important, but the meta-message is critical:
> if you get evasiveness and double-talk, techno-babble, or bureacratic
> buck-passing, STOP the process and call in the cavalry. Tell your
> attorney to put safeguards into the lease that prevent the
> communications carrier from putting a wireless central office on top
> of that pole. 
>
> Most importantly, don't let them rush you: if ANYONE threatens to move
> the equipment and get a lease elsewhere, tell them "Go ahead!". The
> fact that your land was sought-after as a tower site means it's fit
> for use as a cellular (or other pubcom) location, and it doesn't
> matter if the equipment is mounted on a wooden pole or a metal
> tower. To quote from "Men in Black": "Just because it's very important
> doesn't mean it isn't very small".
>
> Remember that, for practical purposes, you are agreeing to have a
> permanent squater on your land: don't be afraid to ask what's it's
> going to be used for and who is going to make money from it, because
> you're entitled to a share.
>
> Bill Horne
> Temporary Moderator

     I have no disagreement with your advice, but I would note that he
already has a permanent squatter on his land--the elecrtic company.
Probably there was a utility easement included when the property was
first platted.

     But a cellular company or a tower company is probably not a
utility in that sense of the word and would indeed need an easement
specific to them.


Wes Leatherock
wleathus@yahoo.com
wesrock@aol.com

***** Moderator's Note *****

Wes,

That's a good point. If the power company was only putting a
signalling transmitter on the pole, why would they need a separate
easement? All the more reason to take precautions.

Bill Horne
Temporary Moderator

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0
Wes
8/17/2008 1:08:24 AM
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