Tower leasing represents a specialized legal relationship between property owners and telecommunications operators or infrastructure companies (TowerCos). With the expansion of mobile connectivity and internet coverage in Georgia, particularly during the rollout of 5G technologies, the placement of new base stations has become critically important. This process involves long-term leasing of land plots, building rooftops, or parts of other structures for the installation of towers, antennas, and ancillary equipment. For property owners, this offers a stable source of passive income, yet it comes with specific risks and restrictions on property usage. For operators, network continuity and legal guarantees that their expensive infrastructure will remain secure are vital. Qualified legal assistance is essential to balance the rights of both parties, as telecommunications lease agreements differ radically from standard commercial leases in terms of duration, technical conditions, and regulatory requirements.
What Does Tower Leasing Service Cover?
Legal services for tower leasing cover every stage of the relationship — from negotiations to agreement registration. Key components include:
- Drafting and Analyzing Lease Agreements: Specifying critical terms such as lease duration (often 10-20 years), rent review mechanisms (indexation), and property access regimes (24/7 access for technical personnel).
- Easement Registration: Establishing easements on the land or building for routing communications (power cables, fiber optics) to the base station when necessary.
- Regulating Co-location Issues: Defining rights regarding whether the tenant operator can allow other operators onto their tower and how the resulting revenue is shared with the property owner.
- Permits and Zoning: Legal support during the construction permit acquisition process and ensuring compliance with municipal architectural requirements.
- Liability and Insurance Mechanisms: Protecting the owner from third-party claims arising from tower collapse, radiation levels, or noise.
- Termination and Dismantling: Outlining conditions for early termination and ensuring obligations to restore the site to its original condition after the lease ends.
Common Situations and Scenarios
In practice, various legal needs arise regarding telecommunications leasing:
- Owner Negotiation with Operator: A landowner is approached by a mobile operator offering to install a tower. The owner needs a lawyer to review the contract, which is often drafted unilaterally in the operator's favor and restricts the owner's right to sell or develop the land in the future.
- Rent Price Review: After a 5-year term, amidst inflation or rising real estate market values, the owner wants to increase the rent, but the contract lacks a clear mechanism for this.
- Dispute Over Roof Damage: Heavy equipment installed on an apartment building roof has damaged the waterproofing, causing leaks into apartments. A claim for damages needs to be filed against the operator.
- Infrastructure Sharing: The operator wishes to place antennas of a competitor company on the existing tower, which the landowner opposes without additional compensation.
- Transfer of Lease Rights: A mobile operator sells its towers to a specialized infrastructure company (TowerCo), requiring amendments to lease agreements to reflect the new tenant.
Georgian Legislation and Regulations
Tower leasing is regulated by norms of Civil and Administrative law:
- Civil Code of Georgia: Regulates basic lease principles, rights and obligations of parties, rules for termination, and compensation for damages. The Code also defines rules for establishing easements for infrastructure access.
- Law of Georgia on Electronic Communications: Establishes operators' rights to use infrastructure and obliges them to adhere to technical safety norms. It also regulates principles of infrastructure sharing (co-location).
- Law of Georgia on Spatial Planning and Architectural and Construction Activities: Defines rules for issuing construction permits. Towers are classified as objects of special regulation, requiring appropriate permits from the municipality.
- Technical Regulations: Health and environmental protection norms apply, limiting electromagnetic radiation levels in populated areas, which must be accounted for in the lease agreement.
Step-by-Step Service Process
Working with a specialist on tower leasing issues involves the following stages:
- Audit and Assessment: The lawyer checks the proposed location, legal status, and terms of the operator's offer.
- Negotiation: Active negotiation takes place regarding commercial (price, term) and legal (liability, termination) conditions.
- Drafting the Agreement: A detailed agreement is drawn up, covering all technical nuances, including power supply and access issues.
- Registration: The lease agreement (if the term exceeds 1 year) is registered in the Public Registry to establish legal rights.
- Monitoring and Enforcement: The lawyer assists parties in resolving issues that arise during the contract (indexation, repairs, sub-tenants).
Why Choose a Specialist on Legal.ge?
Telecommunications leasing requires specific knowledge in both real estate and telecommunications law. Legal.ge gives you access to lawyers experienced in dealing with mobile operators and infrastructure companies. Specialists featured on the platform will help you maximize financial benefits and insure your property against long-term legal risks. Find a trusted advisor focused on your interests easily on Legal.ge.
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