Protect Your Property
Posted on May 23, 2015
Protect your property from cell site operations.
AMC provides industry information not generally available to owners, such as risk, compliance, RF exposure, owner liability, Rent Index, location capacity and cell carrier needs. We review the liabilities of 24×7 access. We look for opportunities and leverage for the property owner landlord. Without specialized industry knowledge, owners are not negotiating on a level playing field. Risk and exposures are usually shifted to the building owner. We also look for hidden liabilities and insurance shortfalls.
AMC checks compliance of the carrier on your site. We identify opportunities and propose solutions and options to provide negotiating leverage. We mediate on behalf of owners to address their concerns and protect their interests. If a lease has already been signed, we provide options. Typical owner risks are:
Duty To Defend Owners rarely get “Duty to Defend” indemnity from cell companies. As a result, any litigation costs such as lawyer’s fees must be paid by the owner upfront – potentially millions. AMC’s strategy is to properly shift all such liabilities to the cell companies. They are after all, creating the exposure.
Environmental hazards may not be covered. Battery acid can become a hazardous material and overcharged batteries can emit noxious and poisonous fumes that can be released into the building. If this happens and your tenants are harmed or your building is ordered vacated are you exposed?
Radio Frequency Exposure Are you covered against alleged RF exposure to rooftop workers or potential class actions from RF exposure from your building? Class actions can be initiated at any time and for any type of concern. Properly installed antennas are safe but class action legal costs might drive owners to settle. Are you covered?
Insurance Damages in excess of $15,000,000 were recently awarded against a building owner in Canada. AMC expects future claims to rise. Most agreements have less than $5,000,000 coverage. AMC believes the responsibility to pay all legal costs from Day 1 should be on the cell carrier. Most agreements do not.
Permitting Municipalities have varying bylaws for cell antennas. Site permitting is generally handled by the cell company but “failure to comply” can result in fines and legal actions against the owner and loss of building insurance coverage. In our experience, many cell installations lack permit approvals. Does your agreement leave it up to the cell provider? AMC provides owners the information they need to ensure that their installation is in full compliance.
Course of Construction Does your agreement require that workers, contractors and subcontractors engaged by the cell provider are insured and properly licensed when working on your building? If not you may be exposed.
Temporary Suspension of Services If the cell site transmission operations are disrupted from an incident on your site, can they sue for loss of business? Protect your assets from these exposures. Ask for your free lease review.