Should I Consent to Upgrade Requests?
The Need For Upgrades
The ability for wireless carriers to maintain and upgrade their equipment is critical to the operation and growth of their networks. Consequently, nearly every lease agreement grants carriers the right to perform maintenance and upgrades on the equipment located on your property. However, the specific restrictions, conditions, and rights outlined in your lease dictate how and when this work can be carried out. Important questions to consider include:
- Are heavy vehicles permitted to use your driveway?
- Can work be performed at midnight on a Saturday?
- Are carriers allowed to replace existing equipment with heavier, higher-powered devices on your rooftop?
- Can they swap 4-foot antennas for 8-foot antennas?
- Are they authorized to trench across your property from the street to the cell site?
- Can they park cranes or other heavy machinery on your premises?
All of these scenarios—and many others—should have been addressed clearly within your lease agreement. Typically, leases permit carriers to upgrade their equipment and facilities, but require them to submit upgrade plans for your approval, with the standard that such approval “shall not be unreasonably withheld.” This means that if you have valid reasons to object, you must clearly articulate those reasons based on the terms of the lease.
Right to Deny Upgrades—When Justified Landlords are not without leverage. If a carrier’s proposed upgrades substantially exceed what was originally contemplated in the lease, you may have grounds to deny the request. However, such denials are often met with significant resistance from the carriers. Success in these disputes largely depends on your ability to accurately interpret your lease, and your understanding of technical fields such as RF and structural engineering. Demonstrating a well-informed, credible position is crucial. If you are unsure how to proceed, CellWaves is here to assist. Our decades of experience in the wireless industry provide the technical and legal insights necessary to advocate effectively on your behalf.
Presumption of Denial Until Properly Justified While many upgrade requests are legitimate and permitted under the lease, we have seen cases where wireless carriers and tower companies overreach, treating properties with disregard for the agreed terms.
Is your situation reasonable and compliant, or has it crossed the line? How can you be certain?
Contact CellWaves for a free consultation. If we determine you have no actionable concerns, it costs you nothing—and you gain the confidence that your property rights are protected and that you are receiving fair treatment and compensation.
