Municipal Cell Tower Management: Legal, Regulatory & Strategic Considerations

 Across the U.S., tens of thousands of cell towers are located on public land, often managed by private tower companies like Crown Castle and American Tower. As urban and suburban development continues to evolve, many local governments are exploring the option of taking over these assets to increase revenue and streamline oversight.

This program provides attorneys with a comprehensive understanding of the legal, regulatory, and financial factors involved in municipal or county takeovers of cell towers. From contract abandonment provisions to lease structuring, FCC regulations, and strategic planning, attendees will gain the tools needed to effectively advise public entities considering this course of action.

Learning Objectives:

1. Evaluate the legal and financial implications of municipal takeovers of expiring prime tower leases, including potential revenue opportunities

2. Navigate complex lease structures, such as ground leases, colocation agreements, and subleases, while identifying common legal pitfalls

3. Interpret relevant FCC regulations and federal policies, including preemption doctrines, the Spectrum Act, and the 2018 Small Cell Order, and their impact on municipal authority

4. Apply best practices for structuring RFPs, negotiating contracts, and managing lease agreements with an eye toward long-term value and compliance

5. Assess the strategic role of tower consultants and financial models in supporting effective public ownership and mitigating legal risk