Generally the way that is handle is by offering colocation on a non-exclusive basis. Then implementing a Non-INterference clause, that gives the first in protection above those that install later. Most non-interferences initially will just protect the landlord from colocators, but coloators should also insist on text that protects the colocator from the landlord. Meaning, that the landlord is to put forst the best effort to not sign future agreements with others that will interfere with pre-existing tenants' operations, and that pre-eixsting tenant's non-interference clauses have presidence. That is the starting point. Anything beyond that is custom based on teh needs of the parties. For example, if one wants to ask for exclusive use of a specific frequency range, they can define that in their agreement. The question that will arrise is... is it acceptable for someone else to deploy in the future using sam e channels if they dont interfere? HAving only a non-interference clause would allow that. However, in some cases a tenant is buying the right to expansion, or flexibiltity to adapt their deployment, or to protect a series of towers that must have coordinated channel plans. In those cases, a tenant would likely want to negotiate terms for full exclusive use of their band. The challenge that comes up is in unlicensed where radios are now tri-band. What generally happens is someone may start out on one channel, but end up on anotehr freq down the road and cause interference, simply because the IT guy in the user niterface may not be aware of contractual terms. Can a pre-existing tenant accept that risk? Abd should the tenant have the right to request prevention of that, such as buying up a series of bands. These are all custom discussion with the landlord, and the text that is appropriate depends on the protection you need and the landlord is willing to do.
But to simply allow future tenants to use alternative frequencies, taht is automatically handled by a basic non-ionterference clause, and specific allowance for that is not required, because generally nothing in a tower agreement generally prohibits any future colocator. Tom DeReggi RapidDSL & Wireless, Inc IntAirNet- Fixed Wireless Broadband ----- Original Message ----- From: Tony C. Loosle To: WISPA General List Sent: Wednesday, June 02, 2010 11:08 AM Subject: [WISPA] tower contract Does anyone have part of a contract that allows one operator on the tower to use certain frequency's and allow for another operator down the road to also come on the tower and use different frequency's? t ------------------------------------------------------------------------------ -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
