[TowerTalk] Tower Leasing

W7ZZ w7zz at wavecable.com
Thu Jul 7 20:24:33 PDT 2011


I am a retired, although actively licensed, attorney.  Agreeing to put a commercial use on your tower will cause MANY issues.  To name but a few:

1.  Is the zoning for your entire home site correct for commercial use?
2.  Has the tower itself been permitted under all commercial cell phone and other commercial tower codes which include special building codes and special zoning codes that apply only to cell phone towers (that often require elaborate sight studies as to height and visibility);
3.  What effect will a commercial usage have on your residential homeowner's insurance;
4.  Do you realize you will be granting the commercial company an easement or at least license to be on your property basically any time they want to be to service/maintain or just fool around with their antennas, etc??

As I said, "to name a few."  Before you even consider this, you should have independent, knowlegeable counsel to advise you of the issues involved and the ramifications of what seems like such a good deal (all that monthly income for doing nothing).  I would suggest that you get the company proposing this to pay all your attorney fees for you to be fully advised as to what you are doing, and then you will see how fast they go away.

By the way, in my "second life," I'm a commercial real estate broker.

No, I will not advise nor consult with hams on these issues.

73, Doug W7ZZ


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