Aug 15, 2022 - 03:41 AM
Hello- thank you for your questions.
Generally, there aren't many situations where we have found that a lease can be renegotiated before its expiration. Most leases signed over the last ten years are tightly drafted and do not allow the landowner to renegotiate at their discretion. 5G/broadband services are considered a subset of wireless services. Unless the lease explicitly indicates that 5G/broadband are not allowed, you would be hard pressed to litigate on that basis successfully.
In terms of extra carriers being added to the tower, the main thing to look for is a second platform with antennas added to the tower. It will look like the one I suspect is now at the top of the tower. You can also call your local town or county and ask whether any building permits have been issued for wireless equipment since the tower was erected. In some cases, these building permits will show the identity of the tenants on the tower- although not always. Sometimes, it is just the original tenant doing work on their equipment.
Hope this helps. If you would like to send us your lease- happy to review it and let you know if we see any opportunity to improve the situation.