Requests for Consent to Modifications / HOME

REQUESTS FOR CONSENT TO TOWER EQUIPMENT MODIFICATIONS

A number of our clients have received requests from mobile carriers to install additional equipment and antennas. These letters typically come with a request for the owner to consent to the change. The letters sometimes allege that the underlying lease allows the carrier to make these changes without the consent of the landowner, or that consent is not to be unreasonably withheld.

In many cases, SiteXcell believes that these can be half-truths. While in many cases, the replacement of existing antennas is allowed in the lease, it is not always allowed that additional antennae may be added. The carriers may take very optimistic interpretations of what they are allowed to do under the lease. Perhaps they expect that the landowner won't be sophisticated enough to understand the changes because the carrier uses technical jargon or send specification sheets for the new antennas that only RF engineers can understand.

If you receive a letter to make a modification or add equipment to your rooftop, you should evaluate the request carefully. Ask for construction drawings and specifications for the proposed equipment. Ask the carrier to show you where in the lease it allows them to make the changes without your consent, or under what conditions. If they ask for your consent, it may be a sign that they actually need your consent. In some cases, that consent can be conditioned on additional rent payments or at the owner's sole discretion.

The key is in understanding what your lease allows and does not allow. Unfortunately, some leases were not written well to begin with and the language may be vague. If you need additional help interpreting your lease or you believe the carrier already installed additional equipment without your consent, contact your solicitor for more help. If you believe that you have the right to additional compensation and want advice on how much the changes are worth, please don't hesitate to contact us. We can review your existing drawings and see whether you are entitled to additional compensation.