Wireless Telecom Real Estate

Services & Industries >> Wireless Telecom Real Estate

Overview

Our Wireless Telecom Real Estate Group is California's preeminent practice of its kind, serving the real estate, pre-litigation, litigation, land useconstruction and regulatory needs of the wireless industry. Our clients in this burgeoning industry include one of the largest international wireless carriers; several of the leading tower owners and operators; one of the country's fastest growing lease aggregators; and many other service providers to the industry.

Allen Matkins represents clients in the major sectors of the constantly evolving wireless services industry, including carriers, tower companies and lease aggregators. Our attorneys represent wireless carriers and tower companies in myriad real estate, land use, construction and litigation issues, with experience in the negotiation and amendment of leases; analysis of permitting and zoning issues; co-location and landlord-tenant disputes; construction matters; tenders to carriers and prime contractors; easement and right of way problems; Shot-Clock matters; Section 6409 Wireless Facilities Deployment issues and tower relocation and upgrade arrangements. Allen Matkins also regularly assists tower company clients with the purchase and sale of assets and the negotiation of perpetual easements and other land use transactions. Our lawyers represent lease aggregators in a variety of areas, including financings; tax matters; permitting and zoning issues; disputes with fee owners and the negotiation of perpetual easements.

Given the growing complexity of this field and the constantly evolving technological landscape, in order to effectively serve clients in the wireless industry, lawyers must understand the entire landscape of the industry, as well as the interrelated interests of the various players in the industry. Our Wireless Telecom Real Estate Group delivers the knowledge, experience and expertise to handle almost any matter that arises in the field.

REAL ESTATE TRANSACTIONS

Allen Matkins represents wireless carriers, tower companies and lease aggregators in real estate transactions of all varieties, including leases and amendments, the negotiation of easements and perpetual easements, title issues, conveyances and consents, as well as tower relocation matters, whether contractual or otherwise. Our attorneys have extensive experience in connection with all aspects of leasing related to wireless towers, rooftop sites, antennae sites and Distributed Antenna Systems (DAS).

While other firms work on general lease transactions from time to time, the “one size fits all” approach sometimes used by other firms for general leasing will not work with wireless tower/antenna leases. The challenges that present themselves in wireless tower/antenna leases are vastly different from the issues that arise in the negotiation and enforcement of typical office, industrial or retail transactions. The experience and knowledge that Allen Matkins brings to bear in such wireless tower/antenna deals is unique because we not only regularly represent some of the largest wireless telecommunications companies in the nation, but we also regularly represent land owners/occupants. To address these unique challenges, we regularly advise our clients during initial lease negotiations as well as during on-going lease administration and enforcement.

Allen Matkins does more than just merely document wireless tower/antenna transactions. We strive to understand the unique challenges that each wireless communication location faces, and then help our clients maximize the potential of their investments by utilizing innovative strategies and creative solutions.

Our work includes: 

  • Structuring, negotiation and preparation of leases and amendments for wireless towers, including both traditional ground-based towers and other tower/antennae systems located on the roof of buildings or other structures, and which may include ground leases, roof-top leases or licenses as required for a given location
  • Negotiation and preparation of DAS agreements
  • Title review and other due diligence
  • Assisting clients in connection with their enforcement of lease requirements
  • Assisting clients in connection with violations and potential violations of lease obligations
  • Full litigation support in the event our clients require litigation to resolve disputes
  • Negotiation and preparation of easements, perpetual easements and purchase agreements
  • Assisting clients with the purchase and sale of telecom assets

With offices throughout California, and feet on the ground in almost any jurisdiction, Allen Matkins has the local presence within the state to handle almost any real estate matter in a practical, cost-effective and efficient manner.

PRE-LITIGATION AND LITIGATION

Our wireless team regularly represents wireless industry clients in all manner of pre-litigation and litigation issues throughout the state. Our attorneys assist clients in the full range of landlord-tenant disputes, including encroachment issues, leasing transactions, property damage claims, access concerns, signal interference and landlord consent issues related to equipment installation and co-location. The firm’s wireless attorneys also represent clients in construction disputes stemming from the installation of rooftop facilities and other facilities and the incursion of water and mold, as well as other construction claims and liquidated damages claims related to purported delays and damage.

We work closely with our clients' property managers and asset managers to resolve disputes before they turn into costly litigation. Our pre-litigation team is able to resolve disputes quickly and efficiently by bringing knowledge of the industry and the market to the table. We pride ourselves on leaving behind a better landlord-tenant relationship than what existed prior to our involvement. Our record of success in resolving real estate disputes at an early stage and prior to litigation is unparalleled.

On the occasion where are clients are implicated in lawsuits, we bring a practical, knowledge-based approach to the table to either settle lawsuits early in the proceedings or to litigate matters to a successful resolution. Our industry litigators are well-suited and well-prepared to litigate matters throughout the state in a cost-effective and efficient manner. Our teams' record of success and prior trial experience more often than not results in capitulation by the adverse party, and great results for our clients.

LAND USE AND PERMITTING

Allen Matkins helps wireless telecommunications companies navigate the myriad and complex issues that arise in the course of securing land use permits for wireless facilities, including zoning and permitting ordinances, complex environmental matters, CEQA regulations, siting and land use work related to tower construction, eminent domain and condemnation issues. Allen Matkins is known for creating innovative solutions to assist the industry in developing wireless infrastructure and obtaining necessary approvals.

Our work includes: 

  • Representing wireless telecommunications companies before city and county zoning boards, planning commissions, city councils, and state agencies
  • Obtaining necessary approvals from local government and state agencies on an expedited basis
  • Assisting in real estate transactions and engaging in lease review for the siting of wireless facilities
  • Lobbying local decision-makers
  • Managing project teams

In addition, in the event that facility-siting matters must be resolved in state and federal courts, Allen Matkins draws on its broad knowledge of land use litigation to assist clients in obtaining favorable resolutions. We regularly advise clients on Shot-Clock matters and Section 6409 Wireless Facilities Deployment issues.