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700 MHz & AWS Are ComingWireless technologies are changing in ways never planned. Existing carriers are adding more spectrum (frequencies) in bandwidths quite different from those originally used which are: · 800 MHz (Cellular). · 1900 MHz (PCS). Technically, these terms still exist, but they are being added to with: · 700 MHz (Verizon and AT&T with several smaller players). · AWS (Advanced Wireless Services ranging from 1710 MHz to 2180 MHz – so far mostly for T-Mobile). The reason landlords are seeing so much “minimal activity” (carriers asking if they can change antennas) is that carriers are adding speed and capacity to their existing cell sites. Every time a carrier upgrades to a new technology, they are doubling revenues (think “texting,” MP3 and streaming video). Most Additions Are Equivalent to a New Cell SiteWhen Cellular carriers merged with PCS carriers they acquired the PCS cell sites, so no one much noticed. (Hi, this used to be AT&T, but now it’s Cingular. No worries.) The new carrier was, in fact, doubling the capacity of that cell site. In most instances, there were no: · Announcements or notices to landlords. · Consultations with landlords. · Request for consent from landlords. · Permits from local governments. It was “a quiet revolution” in site capability and potential, and it was all free. Now comes wholesale additions in technology again, only this time some carriers are being a little sneakier in “updating” their cell sites. Consider the case of one 700 MHz carrier (we won’t say which one) that already had two “chases” (vertical paths through the innards of a building) full of cables for its Cellular/PCS site. In order to add another set of cables for 700 MHz, the carrier showed on drawings a new “three-foot conduit” heading toward an outside alley. Only by following the dotted lines on the drawing was Kreines & Kreines, Inc. able to determine that the carrier intended to run an outside set of cables up the side of the mid-rise building. All of this was being done without mentioning to the landlord that the existing cell site was about to be trebled (Cellular to include PCS to include 700 MHz), all under an old lease. New additions are coming to every cell site, rooftops or towers. Some carriers may use every means at their disposal to finesse these additions through. In Kreines & Kreines, Inc.’s opinion, these additions require an amendment to the lease, but unwary landlords rarely get a chance to ask for an amendment or additional rent. What Are the Tell-Tale Signs?A landlord knows something is going on when there is a request to change a couple of antennas for new ones that look just like the old ones. What is happening is that single-band antennas (e.g., PCS or Cellular) are being changed for dual-band antennas (e.g., PCS and Cellular) or, more likely today: tri-band antennas. These requests are actually the pre-cursors to movers bringing in a huge load of equipment. But, always, the carriers start with the antennas. The antennas look much the same, so who would ever think that a major expansion was going on? Once a landlord finally starts noticing all the other new equipment being installed, it’s too late. The carrier now says that the landlord consented to the new antennas and the new antennas won’t work without all the new equipment. More often than not, it’s a wave of the hand and the issue is dropped, along with additional rent that should amount to a rent increase of approximately $1,000 per month. Who Calls it Stealth?Kreines & Kreines, Inc. warns its clients never to use the term “stealth” for cell site camouflage or disguise. The reason is that the military invented this term for the very specific purpose of fooling the enemy. If you’re a landlord, ask yourself: · Is your tenant a cellular carrier or carrier’s agent? · Do you consider your tenant an enemy? · Do you enjoy being fooled? Remember, the synonym for “stealth” is “sneaky.” |
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