Global Tower Partners On the Block

220px-Global_Tower_Partners_LogoAccording to published reports flying today, Florida-based Global Tower Partners is on the block.

It looks like anyone with a spare $4B can snap up 16,000-ish sites around the world for an average of $250,000 per site.

If you have a lease with Global Tower Partners as your tenant, it is quite possible that the new buyer…whomever that is…will send you innocuous-looking documents to sign that will impact (and usually reduce) your rights as a Landlord.   Look before you leap (sign), and talk with your wireless attorney before you jump.

Jonathan

 

Facebooktwitterredditpinterestlinkedinmail

Time Warner and CBS’s Reality Show: “How We Beat Up Your Viewers”

Their (corporate) parents must be so very proud of them!
Their parents must be so very proud of them!

Time-Out Warner (Time Warner) and CBdisgeniouS (CBS) continue into Day 5 of  their reality show,

“How We Beat Up Your Viewers.”

When this is over, which may not be until September when Football Season begins, the cable industry will be far worse off in credibility (yes, it has some credibility now), and CBS will shift from the Tiffany Network to CLN (the “Cheap Lampshade Network”).

This stalemate continues to disgust me.

How about you?

 

Facebooktwitterredditpinterestlinkedinmail

CBS is now CBdisingenuouS

CBdisingenuouS is my new name for CBS. Okay, I’m really disappointed with CBS.  As part of the battle with Time Warner Cable,  CBdisingenuouS has elected to block web views of its programming by Time Warner internet subscribers.   If you subscribe to a different internet provider, you can get the CBS programming on line.

Time Warner was right when it quoted TechCrunch, which first reported the CBdisingenuouS blockage.

How do I know this is true?

Well, at my home I use Time Warner for internet service. At my office I have two different internet providers, neither of which are TWC.

At home, CBdisingenuouS programming on line is blocked.  At the office, CBdisingenuouS programming on line is available.

CBS, which had shed what now clearly appear to be crocodile tears over its fair share of our bloated TWC bills, has lowered itself to TWC’s level.  So much for the Tiffany Network.

By the way, we’re now 5 hours into day 3 without CBdisingenuouS.  Today, TWC was showing an old Eddie Murphy movie on the CBS channel here in L.A.  Oddly, it was in a 3:4 format  (no, note a 4:3 format…a 3:4 format).

Would someone please loosen the ropes that both of you have used on your subscribers/viewers?  Thanks to both of you.  Not.

“Scotty, I need more Pox!”

Jonathan

Facebooktwitterredditpinterestlinkedinmail

Rarer than the Loch Ness Monster: the Mono-Scaffold Wireless Tower!

The elusive and rarely photographed Mono-Scaffold.
The elusive and never-before photographed Mono-Scaffold wireless tower.  Click to enlarge.

It is rare that I have the privilege of capturing a never-before documented wireless tower design.  Yet fate has chosen to grace me by allowing me to find, in the wild, this most elusive of wireless tower designs…

…the Mono-Scaffold!

While hereto-now only hushed rumors of this rarest of tower designs have been uttered in the strictest of confidences between contract wireless engineers working for carriers, I am able to confirm with irrefutable evidence forthe international scientific and lay communities the first documented, photographed mono-scaffold site.

This mono-scaffold site, located in Malibu California on Pacific Coast Highway, forever quiets the popular speculation of the existence of this fabled design.  It is true.  It exists.

Having now proven the existence of a Mon0-Scaffold, I must now turn my attention to the most important follow-on query:

Is a Mono-Scaffold subject to Section 6409(a) of The Middle Class Tax Relief and Job Creation Act of 2012?

A lessor question, but important in its own right:

Is a Mono-Scaffold is subject to EIA/TIA-222?

As is most often the case, one answer provokes several new questions.  The expansion of knowledge continues.

You are lucky to live in the time during which the existence of the fabled Mono-Scaffold was proven as a fact.

If you wish to field-verify my findings, I encourage you to navigate…quickly…to N34.0394 W118.6717.

I urge you to hurry.  There is no telling how long the Mono-Scaffold will remain in this one location.

Jonathan

Facebooktwitterredditpinterestlinkedinmail

Time Warner Cable and CBS – Now 24 Hours into the War

Click to enlarge and read.
Click to enlarge and read.

This post is off topic, but as a current Time Warner Cable subscriber in Santa Monica, California; a former Warner Cable manager; and long term cable industry member, I want to speak up.  Soap box, here I come…

Time Warner Cable and CBS are engaged in a game of chicken, with the TWC subscribers in New York, Los Angeles, and Dallas being held hostage until one side exclaims, “Give!”

Time Warner says that CBS wants to raise the retransmission fees by 600%, which is disputed by CBS.

Time Warner suggests that because the CBS content is provided free over the air and online, that Time Warner should not pay ‘so much’ for it.  This, of course, ignores the fact that Time Warner Cable, like virtually all cable companies, makes its subscribers pay for bundled services that far exceed the cost of those services.  It also ignores the fact that the cable industry historically raises its rates for services and equipment far faster than inflation.

CBS’s role in this stupidity is not yet fully known.  I challenge CBS to release its demands and current retransmission fees so that Time Warner Cable subscribers can see who is ripping them off: CBS or Time Warner (or both).  According to TechCrunch, CBS has blocked major market customers from viewing CBS programming on line, including in the markets where Time Warner has taken CBS content off of their systems.

This blackout, now 24 hours in duration, is bad for both companies; bad for both industries; and especially bad for TWC subscribers who are being held as captives by both sides.

This would be a good issue for the FCC to take up.

Now stepping down from my soap box.

Jonathan

Facebooktwitterredditpinterestlinkedinmail

3rd Party Engineers, T-Mobile & Local Jurisdictions

T-Mobile’s National External Affairs (“NEA”) Newsletter is a monthly online publication aimed at T-Mobile’s  outside siting professionals and others related to siting.  NEA was kind enough to add me to their subscriber list.

What follows below is an article appearing in the July 2013 issue of T-Mobile’s National External Affairs’ Siting Newsletter.  It describes T-Mobile’s view of 3rd party engineers retained by local jurisdictions primary to evaluate towers for structural integrity during upgrades.

While we on the government side might expect the article to be one sided and dismissive, I have to say that NEA’s presentation is thoughtful, considered, and very balanced.  As the article concludes, “It’s not just technical answers that will help achieve success, it is also building understanding from all sides of the equation.”  Well said, T-Mobile.

I encourage you to read the entire article below.  I reprint it here with T-Mobile’s prior written permission.

Siting from Different Perspectives:
3rd Party Engineers, T-Mobile & Local Jurisdictions

A growing number of jurisdictions are outsourcing wireless site engineering to third-party firms, especially when it comes to municipally owned water tanks. The practice creates challenges not only for T-Mobile but also the engineering firms themselves as they strive for a happy medium where wireless facilities can quickly and efficiently be deployed while satisfying municipal objectives surrounding safety and asset protection.

Municipalities turn to outside engineering firms for several reasons, including a feeling that their own staffers are ill-equipped to judge the assertions made by wireless carriers regarding siting. Budgetary constraints also restrict the time and resources municipal employees can dedicate to siting issues.

“They just want to make sure that they’re protected, that they’re protecting their assets, which is why they’re hiring these firms,” said Steve Carlson, partner delivery manager for real estate in T-Mobile’s Minneapolis market.

Minneapolis has a high percentage of wireless facilities installed on water tanks. T-Mobile’s modernization project in the market includes 162 water tank sites out of 698 total sites. It is common practice for cities in the market to require reviews of site applications by third-party engineers anytime a carrier wants to perform a new installation on a tank or conduct any kind of an upgrade.

However, there can be drawbacks for carriers when it comes to dealing with third-party engineering firms. Municipalities generally select the third-party engineering firm with which a carrier must deal, and that firm will bill all charges for time and materials to the carrier. In Minneapolis, the cost of each full review might be $3,000 to more than $10,000, Carlson said.

Often, municipalities provide no oversight of these engineering firms, some of which may run up what appear to be exorbitant bills for their reviews, said Lori LeBlanc, T-Mobile’s senior development manager in Minneapolis. “There’s no checks and balances put into place with regard to the city. It’s almost like an open-ended checkbook,” she said.

Indeed, some engineering firms appear to be taking advantage of the situation by requiring more reviews than needed. For example, T-Mobile has on occasion submitted duplicate plans from a previous installation that an engineering firm approved, only to have the same firm find issues with the new installation. “It’s always a three-review process one way or another,” Carlson said.

In addition to the financial impact, there is also an opportunity cost involved, not just for carriers, who suffer delays in deployment plans, but for local residents, who must wait for upgraded service. Individual site reviews in Minneapolis for T-Mobile modernization projects have taken from three months to more than a year.

Additionally, once a building plan is approved, a number of inspections might be instigated, all of which must be paid for by the carrier.

Further complicating matters is the fact that in Minneapolis, the three third-party engineering firms hired to conduct site reviews are vastly understaffed, with generally only one or two individuals at a firm available to perform all of its water tank reviews. This is especially egregious given the number of site upgrades currently being implemented by T-Mobile and other carriers.

“They did not staff up for the workload that they have. The cities, who are ultimately our landlords, don’t really understand that,” Carlson said.

A view from the other side

While carriers cite a number of issues in dealing with third-part engineering firms, it’s important to remember that those firms also face numerous challenges when it comes to conducting site reviews and granting approvals for wireless installations.

Paul J. Ford and Company was started in 1965. The employee-owned company, which is strictly focused on structural engineering, has offices in Columbus, Ohio; Orlando, Florida; and Atlanta, Georgia. It is registered in all 50 states, Puerto Rico, Canada and Venezuela.

Some 40 people work in Paul J. Ford’s telecommunications unit, which has been kept busy lately with requests for site reviews related to LTE upgrades, said the company’s President Kevin Bauman.  He started with Paul J. Ford in 1976, working with the company’s tower business from the start.

Placing communications antennas on a water tank usually involves three parties with divergent interests, Bauman said.

“The municipality wants assurance from a design professional that there will be no negative impact upon their water tank due to the addition of the communication equipment.  The wireless carrier knows that mounting something as small as an antenna on something as large as a water tank should have a negligible impact on the water tanks structural stability.  The structural engineer understands that it isn’t logical to require a thorough and time-consuming structural analysis of the entire water tank for this type of installation, yet some due diligence is required if that company is going to assume the responsibility for the adequacy of the installation,” he said.

Bauman explained the process that engineers go through to ensure that structural integrity and conformance to building standards are fully considered when wireless facilities are planned for installation on water tanks.
“Generally we try to get as much structural information about the water tower as we possibly can. If the water tower is adequate as it now stands, it’s usually impossible to overstress it by adding communications antennas to it,” Bauman said.

However, if the building code has changed, then a thorough structural analysis of the water tank might reveal that the water tank is structurally deficient even though the cause has nothing to do with the addition of the communication antenna. Further, Bauman noted that in many areas of the country, seismic (earthquake) loads are the controlling design criteria and not wind loads or weight.

He contends that mobile carriers often “do not have a real good understanding of the type of things that we need and the type of things they need us to do.”

For one thing, carriers often provide third-party engineering firms with insufficient information and rarely have the original drawings for a site. Bauman said he has received photos of water tanks with no additional specs from carriers that need a site review.

“A structural engineer can’t create a set of drawings and place his/her professional engineers seal on a drawing, if even the most basic structural information about the water tank is unknown,” Bauman noted.

“Many times we get so little information, we back out of the project, and that makes everybody mad,” he said. “But if we lack adequate information we can’t perform the necessary due diligence to form a professional opinion.”
When it comes to water tanks, firms such as his often have a difficult time convincing municipalities that changes to a wireless deployment on a water tank can be so insignificant from a structural viewpoint that they do not require a whole lot of engineering work.

“It’s kind of a no-brainer, but municipalities don’t like to go along with that. They want to see reams of calculations to prove that everything’s okay,” Bauman said.

That’s not to say installing wireless communications equipment on a water tank is child’s play: There are actually lots of unique issues with which to contend.

“The tricky part about doing water tanks is that they have water in them,” Bauman said. It is tough to weld anything to the side of a water tank because the water inside acts as a giant heat sink, making it difficult to develop enough heat for a good weld. In addition, when installing equipment on top of a water tank, any exterior welding can impact the coating inside the tank that protects the water.

Carriers can sometimes attach antennas to water tanks using an epoxy, which can be successful with the right epoxy and environmental conditions. There are also magnetic mounts that can be used for mounting equipment atop a water tank.

“How a structural engineer ever proves to a municipality that the magnets are strong enough, I don’t know,” Bauman said, noting there are no numbers available to prove such a setup works. But numbers are exactly what municipalities want from their third-party engineering firms.

To conduct the necessary structural reviews and provide all of the information demanded by municipalities is a time-consuming endeavor. Bauman said most carriers underestimate the amount of effort involved in water tank site reviews.  “We probably turn down 70 percent of all water tank work because it’s just not worth it,” he added.

Smoothing the process

There is clearly room for improvement in relationships between carriers, municipalities and third-party engineering firms.

Understanding the pressures put upon third-party engineering firms is one way that mobile operators can build rapport with the outside engineers. Simplifying the process from the carrier side is also beneficial.

In the Minneapolis market, where T-Mobile has modernized 106 of 162 water tank sites, the market team has strived to make the third-party review process more efficient. For example, T-Mobile assigned one construction manager to handle all interactions with third-party engineers regarding water tank placements. That helped T-Mobile in terms of tracking projects and consistency in handling issues as they cropped up, though this has admittedly sped up the process only minimally.

However, there is still work to be done.  “In the future, how do we approach the cities for future projects?” asked LeBlanc.

T-Mobile hopes that initiating more conversations with all of the parties involved will lead to more creative solutions for streamlining the approval process for new wireless installations and site upgrades when third-party engineering firms are involved. It’s not just technical answers that will help achieve success, it is also building understanding from all sides of the equation.

Copyright © 2013 T-Mobile US, All rights reserved. The National External Affairs’ Siting Newsletter is a publication that highlights topics of interest to anyone wanting to know more about siting and T-Mobile’s work with communities. For more information, please contact us by telephone (425.383.8413) or by email at natextaffairs@t-mobile.com.
Our mailing address is: T-Mobile US,  12920 SE 38th Street, Bellevue, WA 98006

 

Facebooktwitterredditpinterestlinkedinmail

Land Adjacent to a Cell Tower Lease: Worthless?

e911_MUTCD_D12-4.svg (Updated: July 29, 2013. I’ve had a lot of comments about this post, all positive, so I start highlighting similar one-sided provisions in future posts.)

I’ve seen wireless carriers attempt land grabs before through a cell tower lease, but a current incarnation  is particular amusing.

Framed as an “Emergency 911 Service” provision (hey, that sounds like something really important, right?), the carrier’s attorney has authored the lease provision below to allow the carrier to take as much additional land as the carrier needs without benefit of paying rent.

First, I’ll ask you to read the language below, exactly as stated by the wireless carrier, then I’ll parse it for you.

Emergency 911 Service.  In the future, without the payment of additional rent and at a location mutually acceptable to Lessor and Lessee, Lessor agrees that Lessee may add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services.

Okay, piece by piece, let’s deconstruct this this one little sentence with its 58 words:

1. “In the future…” starts about 1 trillionth of a second from right now.  Maybe even sooner.  Okay, you’re in the future.  Oh, by the way, the future never ends.  This clause is good for the remaining term of of the lease to its final extension.

2. “…without the payment of additional rent…”  Do I really need to tell you that this means no more moola for more land?

3. “…and at a location mutually agreeable to Lessor and Lessee…”   Now wait just a minute.  You’re thinking that you can just say there is NO mutually agreeable location, right?  Nope.  Most states impute a good faith term to contracts (including leases which are contracts for the occupancy of land for a term).  This means that you can not mentally cross your fingers when you agree to this provision.   Most likely a judge will ‘help you’ understand your duty to negotiate in good faith.  Judges can be so very helpful.  So how much space is available at the location?  As much as the wireless carrier wants to meet the rest of the provisions

4. “…Lessor agrees that Lessee may…” You, the Lessor, agree that your tenant at the time can do anything described immediately after, so lets look at each thing in turn.

5.”…add…” start with what’s at the site and put more stuff within the existing leased area, or in the new area that they just got for free.

6. “…modify…”  is to take something there and change it, mostly likely to make it bigger or better for the carrier.

7. “…and/or replace…” so maybe the site/stuff in it is added to, modified, AND replaced all in one shot…any individual element, or any in combination will do.

8. “…equipment…” which is NOT usually a defined term in the lease, and since this word is in lower case, it can mean anything from the tower, to the antennas, the radio cabinets, the cables, to the utilities and beyond.  In other words, the carrier is likely to say that everything is equipment, and you bear the burden to disprove it.  Yeah, good luck on that one.

9. “…in order to be in compliance with…”  generally to meet the requirements, but not necessary the minimum requirements of something.  What something?  Keep reading.

10. “…any current or future…” now or in the future.

11. “…federal…” is the federal government, including Congress and all of the known and unknown federal agencies, as well potentially any of the federal military units (Army, Air Force, etc.).

12. “…state…” that big outlined place on the U.S. map where you and several million of your friends live.

13. “…or local…” that smaller outlined place within the bigger outlined place on the U.S. map where you and several hundred thousand of your closest friends live.

14. “…mandated application…” Wow!  A mandated application.  Doesn’t sound like it even rises to the level of a law or regulation.  It’s more like something you might download from the Apple iTunes store or Google Play.  Okay, we know that something is mandated, which suggests that its required.  But the failure to do something required may not be actionable, or actionable at a particular time.  Obviously this term is subject to broad interpretation, and guess who’ll do the interpreting!?

15. “…including but not limited to…”  so whatever is mandated is an include item, but not the only item.

16. “ …emergency 911 communication services.”  So now we really discover that the bolded title of the section, “Emergency 911 Service” is just a ‘red herring’ element of a much larger scheme to separate a landlord from the use and value of his or her property. Yup, emergency 911 communication service sounds really important, but as you can see, it has very little to do with the core of this lease term.

There you have it. Just one little 58 word sentence, which breaks out to 16 elements, all of which are designed to be a free land grab by the tenant.

Do I fault the wireless companies for trying to pull this little shenanigan?

Of course not.

As wireless companies know, and as you should as well, their true duty is to maximize profits for the shareholders.  Their duty to the Landlord is as little as possible, and attempts to reduce that duty by leases and lease amendments are all part of The American Way.

Now you know that the answer to the question in the title of this post depends on whether YOU make it worthless by agreeing to this sucker punch provision.

If you are asked to agree to provisions that you don’t understand, or you don’t think you understand, or even the ones you think you understand but really don’t, you might want talk with an experienced wireless attorney and law firm working for landlords.

If you are looking for a really good law firm that just happens to work for wireless site landlords, I happen to know of one.

Jonathan

Facebooktwitterredditpinterestlinkedinmail

AT&T Wireless: It’s All About the Bandwidth, Dummy!

Cricket_LeapWell, as we all know by know, it turns out that T-Mobile would not feast on the insect.  Rather, AT&T Wireless bit the Bug. Yum!

Cricket will go to AT&T, but that’s a bit of a misstatement. This deal has nothing to do about acquiring cell sites. This deal has nothing to do about keeping the Bug’s subscribers. AT&T intends to eat the guts of the Bug…it’s bandwidth…and spit out most if not all of the exoskeleton (the existing cell sites).

This deal, like most of the deals today, has everything to do about acquiring frequencies. Bandwidth… Black Gold… Texas Tea… Wireless Whiskey…

Okay, I’m being a bit dramatic and channeling Buddy Ebsen, but the fact is that bandwidth means more ‘go real fast’ for the customers, and more ‘go real fast’ for future customers.

The electromagnetic spectrum chart below makes it clear.

Spectrum poster by Randall Munroe (xkcd.com). Used with permission.
Spectrum poster by Randall Munroe http://xkcd.com/273/. Used with permission. Click on the image to enlarge.

Bandwidth is a scarce commodity, and lots of entities are vying to occupy its valuable slivers. Buying bandwidth from current licensees makes more sense–and is lots faster–than bidding on them in future FCC auctions.

More bandwidth…faster…less competition. Now there’s a recipe for success.

For more on why the Eat-a-Bug deal makes sense for AT&T, and is yet another sign of the bandwidth acquisition wars, see AGL Magazine’s insightful article on the topic: CLICK HERE.

JLK

PS: I think Randall Munroe is brilliant. Read his stuff. It’s deep. xkcd.com.

Facebooktwitterredditpinterestlinkedinmail

Cal. Real Prop. J. Wireless Leasing Article Co-Authored by Kramer

cal_real_prop_journal-cover-2013.MIDSIZE

For those of you who write cell tower leases to protect site landlords, I’m sure you will be interested in a feature scholarly article that I had the privilege of co-authoring with Christina (Chris) Sansone of the Sansone Law Firm.

Titled, “What Landlords Should Know About Cell Site Leasing” and published in the current issue of the California Real Property Journal (the journal of the Real Property Section of the State Bar of California), this is a nuts and bolts guide for practitioners.  Its text is also written to be clearly understandable to non-practitioner landlords and property managers.

The text of the article, supported by nearly 100 footnotes, addresses nearly every facet of cell site leasing from initial negotiations through the end of the lease, whether by termination, expiration, or sale.

I’m particularly proud that our missive was selected as the MCLE Self-Study Article for this issue of the Journal.  Attorneys may earn 1.0 hours of general MCLE credit for reading the article and then answering multiple choice questions regarding the content of the article.  Information about how to secure MCLE credit for reading our work may be found at the end of the article.

If you are a member of the Real Property Law Section of the State Bar of California, you should have already received your copy by mail.

As for the contents of the article, credit Chris for all of the good stuff, as well as her excellent research and analysis.  You can blame me for the stuff you don’t like.

Enjoy.

Jonathan

 

Facebooktwitterredditpinterestlinkedinmail

Will T-Mobile or Dish Eat a Bug?

Cricket_LeapIs Leap Wireless a tasty bug?

According for FierceBroadbandWireless, which has a good eye for such things, T-Metro (really, T-Mobile and its recent meal, MetroPCS) might be getting hungry again.  This time it may be looking to eat a bug, namely a Cricket (Wireless), which is the trade name for Leap Wireless.

Oddly, I’ve been saying about the same thing about T-Mobile and MetroPCS for a while, now.

Of course, your parent(s) taught you not to eat off the floor, so it’s possible Dish might make a running Leap to eat the same bug.

For T-Mobile, this meal would squarely in the middle of its favored food groups.

Leap’s PCS system–and as importantly its customers’ handsets–are generally compatible with T-Metro’s network.  Better yet, there very little overlap between the MetroPCS and Cricket networks.  metro_cricket_coverage

How do I know about the minimal overlap?

Using home coverage maps available on the web as a yardstick, I imported Cricket’s and MetroPCS’s maps into Photoshop and overlaid then one atop the other.

Using the Photoshop Multiply tool, it was easy to see that the only basic overlap between the two networks is in central California with much lesser overlaps in Las Vegas, small parts of Georgia, and even smaller parts of Texas.

Who says everything is bigger in Texas?  Oops.  Sorry…

In the map, purple is MetroPCS’s home coverage; green and orange belong to Cricket; the dark green shows the overlap of the two networks.

Now you can see why Cricket’s frequencies (remember, this is all about frequencies for 4G+ uses, not about pops) complement MetroPCS’s.  Both complement T-Mobile’s footprint.

But wait!

What about Dish…the recent near-spoiler of the Softbank-Sprint-Clearwire deals?

I just don’t see it.

Yeah, Dish has a whole boatload of money burning holes in the bottom of their satellite receivers, but why spend the cash on little green dots and orange when the purple’s already dished on to on someone else’s plate (or dish)?

The smarter move would be for Dish to make a run on mama T-Mobile herself, with a pretty good national network already in place, and Deutsche Telekom an apparently willing on-again, off-again seller.

While I don’t rule out Dish, I simply don’t think it makes much sense for them to be a buyer of this bug.

Perhaps Dish will be a spoiler, again.

Time will tell.  Just listen for the gurgling stomachs.

Facebooktwitterredditpinterestlinkedinmail