Key Takeaways
- Cell tower leases are long-term and complex, not standard real estate contracts.
- General attorneys often miss key clauses like ROFR, escalation terms, and tax responsibilities.
- A telecom attorney protects your rights, spots hidden risks, and understands ultimately what the big cell tower companies want.
- Use a telecom attorney for new leases, amendments, or buyout offers to avoid costly mistakes. JP Tower Consulting offers free legal reviews from his outside counsel.
Introduction
Many assume any attorney can review a cell tower lease—but that’s not the case. I’ve seen real estate attorneys miss critical issues that end up limiting the property owner long-term. One key example is the Right of First Refusal (ROFR), which benefits the tower company and often appears in their standard amendment templates.
If the financial terms don’t improve significantly, a ROFR shouldn’t be included. That’s why JP Tower Consulting always recommends using a telecom attorney for lease reviews. While some agreements may be simple enough not to require one, any new lease, amendment, or complex contract should be reviewed by someone with telecommunications experience.
Why Cell Tower Leases Are Different
Cell tower leases are not your average real estate contracts. They can last 30–40 years and involve highly technical terms around access rights, easements, taxes, insurance, relocation, and buyout clauses. Unlike a residential or commercial lease, these agreements directly impact your property’s long-term value and can even affect your ability to sell the property in the future.
📊 Industry Snapshot:
- The U.S. has 505,000+ cell towers, generating over $20 billion in annual revenue for tower companies.
- Average ground lease rates are about $1,050/month nationwide, but in urban markets like New York or D.C., they can exceed $2,000/month.
- In some high-demand areas, carriers have paid over $20,000/month for premium sites.
That’s real money—and real reason to have the right legal counsel.
The Risk of Using a General Attorney
Many property owners first turn to a real estate attorney for lease review. While these attorneys understand general property law, they often overlook telecom-specific clauses.
Common Oversights Include:
- Right of First Refusal (ROFR): This clause allows the carrier to match any third-party offer if you try to sell your lease or property. It limits your negotiating power and can cost you tens of thousands in a lease buyout.
- Escalation Clauses: If poorly written, you may be stuck with low rent increases that don’t keep pace with inflation.
- Non-Compete Clause: Property owners can never get another tower on their property that competes with the existing tower.
- Tax Responsibility: If overlooked, property owners may end up covering taxes the carrier should be paying.
These details might look minor, but can cost you tens of thousands over the lifetime of a lease.
Why You Need a Telecom Attorney
A telecommunications attorney specializes in contracts between property owners and tower companies. Their expertise ensures your lease works in your favor—not the carrier’s.
What They Do Better Than General Attorneys:
- Understand FCC and Local Zoning Rules – Telecom attorneys know the regulatory framework behind wireless infrastructure.
- Spot Hidden Risks – They recognize problematic clauses buried in the fine print, like overreaching easements.
- Advise on Legal Contract – Most of these telecom attorneys worked directly for a cell tower company or carrier so they understand how those companies look to tailor their contracts.
When a General Attorney Might Be Enough
There are limited situations where a general attorney may suffice—such as a very basic amendment or when reviewing documents in rural areas with low lease value. But if you’re dealing with:
- A new lease,
- A lease extension/amendment, or
- A potential buyout offer,
—You’ll want someone with telecom-specific expertise at your side.
Quick Comparison
| Situation | Best Choice |
| New lease negotiations | Telecom attorney |
| Lease buyout or sale | Telecom attorney |
| Complex amendment or ROFR | Telecom attorney |
| Basic contract review | A general attorney may work |
Final Thoughts
Cell tower leases are long-term, high-stakes agreements that can significantly impact your financial future. While it’s tempting to think “any lawyer will do,” the reality is that these contracts are telecom-specific and require specialized expertise. A telecom attorney can save you from clauses that limit your property rights, cost you money in the long run, and prevent you from maximizing your lease’s true value.
If you’re evaluating a new lease, amendment, or buyout, don’t risk going it alone. I work with telecom attorneys nationwide and can connect you with one who understands both the legal and financial aspects of these agreements.
