We know both, and our clients benefit from that synergy.
Are you a NEXTEL Site Landlord who has just received a LEASE TERMINATION NOTICE?
Sprint Nextel is shuttering a substantial number of its legacy Nextel iDEN tower sites. These sites are no longer necessary in light of Sprint decommissioning the Nextel iDEN service and combining technologies through its Network Vision Project. For Nextel tower site landlords, lease terminations translate to the loss of anticipated and substantial lease income for years or decades.
To add insult to injury, Nextel has employed third-party vendors to call and ‘convince’ landlords why, on the way out, they should execute a novel “Lease Termination Agreement and General Release” document.This document can cost you many thousands of dollars (or more) if you don't understand all of its legally-dense burden-shifting terms.
Nextel, when terminating a lease, wants to save lots of money by not removing most of the equipment, wiring, conduits, cables, and other things it installs. Removal of these items is typically required by most wireless leases, as is returning the leasehold to the landlord in the same basic condition that existing just prior to the lease.
Nextel’s preference now seems to be to abandon the equipment in place and transfer title of the abandoned equipment, with no warranties whatsoever, to the site landlord. With the abandonment goes all of the legal liabilities, as well, which may include liabilities imposed by the local governments on Nextel, but transferred by this agreement to the landlord.
‘Just sign right here on the dotted line and you get to take on all of Nextel's discarded stuff and legal risks, and you save them a boat-load of money, too!‘ is just one way to think about this proposed deal.
Even worse, at least one of Nextel's vendors is suggesting in writing–but does not warrant–that they can likely find a replacement wireless tenant quickly because these decommissioned sites will be “plug and play” solutions for other carriers…IF…you give up a 25% commission for the life of the revenue stream the vendorcan negotiate.
‘Plug and play?’ Huh? As a radio frequency engineer as well as an attorney, I don’t think much of the pitch is even remotely believable. By the way, if you think that the pitch is good, and you're also interested in buying a bridge in New York, give me a call. I have a few priced for quick sale.
Take a look at a redacted copy of Nexel's Agreement document used here in California, CLICK HERE. You’ll see why this deal is a terrible deal at for the Nextel Site landlord. Don't let yourself get 'kicked' while they're on the way out the door.
What to do: If you are a Nextel landlord and you’ve received a notice of termination (as have some of my clients), go back and pull out your lease documents, including amendments. Look at the termination terms and restoration terms. (They may be in several places in the lease.) Even if you don’t get the follow-up sales pitch call to do the exit agreement, talk with your attorney. If you don’t have one, or your attorney doesn't work on specialized telecom lease matters, please give me a call toll-free on (855) 235-5748 - (855) Cell-Site for a free initial 30-minute consultation.
-Jonathan Kramer, Esq.
Sec. 6409: A Landmark Change in Wireless Tower Siting
KTLF to Conduct Special Teleconference on April 5th for Local Governments
The American Planning Association has granted 1 hour of Law CM credit for this event
The State Bar of California has granted 1 hour of MCLE credit for this event.
On February 17, 2012, Congress passed the “Middle Class Tax Relief and Job Creation Act of 2012″ (the “Act”) and sent it on to President Obama, who signed the Act into law. In 145 words, Congress has changed the process for collocations and site equipment changes, and added many new loopholes in the process. Here's what the new law says:
Sec. 6409. WIRELESS FACILITIES DEPLOYMENT
(a) FACILITY MODIFICATIONS.-
(1) IN GENERAL.- Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104-104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.
(2) ELIGIBLE FACILITIES REQUEST.- For purposes this subsection, the term "eligible facilities request" means any request for modification of an existing wireless tower or base station that involves -
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(C) replacement of transmission equipment.
(3) APPLICABILITY OF ENVIRONMENTAL LAWS.- noting in paragraph (1) shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act or the National Environmental Policy Act of 1969.
The implications
of these 145 words will be determined in cases that will queued up in various circuit courts.
Kramer Telecom Law Firm will be presenting a special 1-hour teleconference on April 5th on the new law. This teleconference is open only to local governments (planning departments; city attorneys; county counsels; etc.). While the teleconference will touch on relevant California laws, the main thurst of the teleconference will be quite useful to local governments across the country.
The teleconference will review the provisions of the new law, and provide nuts-and-bolts strategies to address the legal and planning division procedural challenges the new law raises. There is no limit on the number of persons at each location who can participate, but the number of locations is limited. If the registration exceeds the number of slots, we may schedule a second session for a future time.
For information about reserving a spot for this teleconference, send us an online message via THIS LINK. Priority for the limited number of spots will be given in this order: (1) KTLF PC and Kramer.Firm clients; (2) SCAN & NATOA members working for governments; (3) other local governments.
The APA has granted 1 hour of Law CM credit for this event.
The State Bar of California has granted 1 hour of MCLE credit for this event. Attorney's outside of California will be provided with a Uniform Certificate of Attendance which >>may<<< be accepted by their home jurisdiction.
Jonathan L. Kramer's
Upcoming Lectures and Presentations
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"DAS ALL, FOLKS"
Jonthan's opinion piece in AGL Magazine
regarding DAS and Cable TV Small Nodes
Published in the April 2012 edition of AGL Magazine (Vol. 9, No. 4), Jonathan discusses DAS's nacient but very powerful competitor, cable TV systems. While DAS is a decade-old and stable technology, the use of DOCSIS-driven cable TV wireless nodes is likely to have a dramatic impact on future DAS deployments once cable gets its act together.
Jonathan has provided photos to illustrate the article.
Once the article is online, I'll provide a link to it here.
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Kramer's RF Safety Article Published in the
Public Law Journal of the State Bar of California
A guide to local government attorneys and planners
The Public Law Journal of the State Bar of California has published Jonathan's article, "A Practical Guide to Radio Frequency Emissions Safety." The article appears in the Summer 2009 edition (Vol. 32, No. 3).
This guide discusses how local government agencies can properly and effectively deal with RF safety issues that come up in connection with wireless siting cases (primarily cell sites, but also broadcast, ham radio, and commercial two-way users, as well).
While written primarily for California public law attorneys, attorneys around the country will find many important and useful gems in the article.
The editor of the Public Law Journal has kindly granted permission for me to reproduce the article here in PDF format, which can be found by following this link.
I'd like to thank Javan Rad, Esq., Assistant City Attorney for the City of Pasadena, California and Robert Jystad, Esq., of the Channel Law Group for their assistance in reviewing and commenting on this paper.
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Ten of Kramer's cell site photos published in
French Art Magazine, "PALAIS /"
In conjunction with a 2009 feature gallery exhibit titled, "Spy Numbers", at the Palais de Tokyo (Paris, France), they have published ten of Jonathan's camouflaged cell site photos in the art magazine, "PALAIS /".
Kramer's photos appear in the article by Matt O'dell titled, "Manipulations des esprits mobiles" (their translation: "Mobile Mind Control").
Jonathan's favorite quote from the article is, "One of the most extreme conspiracy beliefs is that the masts are operating as a giant network of mind control weapons: That they are a part of a sinister plan by global governments to control the population."
Heck, I didn't know that the global governments could mount a world-wide "sinister plan"!
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Jonathan Kramer Authors RF Safety Chapter
in
Major New National Wireless Siting Guide
NATOA's new e-Guide to the siting of wireless facilities features a expansive chapter on RF emissions safety authored by Jonathan Kramer. This essential electronically-published Guide includes:
- A review of federal, state and local laws on facility siting including lessons learned from court cases involving siting decisions
- Establishing comprehensive and effective wireless zoning codes
- How to establish a win/win relationship with facilities companies-to ensure full coverage and appropriate compensation for all parties
- Case studies of local government and wireless carrier collaboration
- Use of co-location, creative stealth technology and other appealing solutions for your community
- Guidelines for dealing with radio frequency emissions safety
- Protecting public safety communications from interference
To order your copy of the guide please visit this page at NATOA's web site.
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Leakage in an All-Digital World
Heavy Hitters Weigh In
Ron Hranac's article "Signal Leakage in an All-Digital Network" in the February 2009 issue of Communications Technology magazine prompted a follow-up article with responses from (as the editor calls us) the "Heavy Hitters." That follow-on article is in the March 2009 issue of Communications Technology magazine. You find a PDF copy of the March 2009 article in the Articles section of this web site.
Click on the ARTICLES tab, above.
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Give Me Your Bond
by Jonathan L. Kramer
Bonds; grounds; drops... It's an NEC Compliance Thing! Jonathan's article on these topics is the cover story in the October 2007 issue of Communications Technology magazine. (Updated October 26, 2007)
Click on the ARTICLES tab, above.
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Cell Phonies
Is it a bird? A plane? A buffalo? Nope. It's a camouflaged cell phone tower site. The September 2007 issue of The National Geographic magazine features Jonathan's photographs of camouflaged cell sites. He's also quoted in the article, and he supplied additional photos for an on-line feature at the NGS web site.
Click on the ARTICLES tab, above.
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A Modern Game of Hide and Seek
by Jonathan L. Kramer
Want to learn about wireless site camouflaging from the perspective of government planners? In a new article by Jonathan in the July 2007 issue of AGL MAGAZINE, you'll find out!
Click on the ARTICLES tab, above.
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Picture Quality in the Digital Cable World: A Lost Science?
by Jonathan L. Kramer
There's a new article by Jonathan in the Summer 2007 issue of the NATOA JOURNAL.
Titled, "Picture Quality in the Digital Cable World: A Lost Science?", Jonathan discusses the history and future of the FCC's cable TV system picture quality rules and enforcement of those rules. Click on the ARTICLES tab, above. |
