[TowerTalk] hosting a commercial service on my tower

[Steve Baughn]

All,

I also am not a telecommunications lawyer but wanted to share some limited experience. I retired from a law enforcement agency and recall when a contractor knocked down our 170 ft tower. Along came a wireless carrier and offered to construct a new tower, buy us new antennas and feedline, maintain the tower and even pay us about $600/month lease.. I am located in Ohio and one wireless carrier contracted with the Ohio State Highway Patrol to replace all their towers with brand new ones, new antennas and feedlines just for letting them put up the towers. This was to “avoid” all regulatory issues they would normally have to deal with. The carrier definitely wants 24/7 access, will probably want emergency power and access to fuel to run it. Seems to me the biggest issue would be one that has already been raised here-liability. All this is usually spelled out in the lease along with language that if any equipment installed by the commercial service causes interference then they either have to remedy it or remove the offending equipment. I do agree with what Bill K9RZ said as far as installing a commercial carrier on an existing amateur tower. Many government agencies, including the township where I live would be less than happy if they found I had commercial carriers on my amateur tower as I was not required to even have a zoning permit-as long as it was for amateur use. 

Thanks and 73,

Steve Baughn WD8NPL