If you have a lease with a landlord that grants you exclusive rights to unlicensed spectrum then that lease precludes the landlord from entering into lease with another entity that wants access to that unlicensed spectrum. While the landlord has no right to control the spectrum they can avoid offering leases based upon use of spectrum.

-Matt

jeffrey thomas wrote:

If your contract with a tower specifies that you hold access rights to
spectrum within the bands whether you are USING THEM currently, or not
using them currently, then I would suppose your "exclusive" rights would
hold up, but am unaware of any legal precedence to show this.
There was a company that had a similar contract on the BOA tower in
seattle that tried using this without any success as well, when I was
with another firm a few years back. Reality is there is no exclusive
rights to bands within unlicensed. ( my 2 cents)

-

Jeff



On Tue, 31 Jan 2006 17:06:23 -0600, "Dylan Oliver"
<[EMAIL PROTECTED]> said:
Huh. What's the difference between quasi and true exclusive rights? What
*would* hold up?

Best,
--
Dylan Oliver
Primaverity, LLC

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