It's certainly the case that a building owner can control whether radios or other wireless gear are installed on their property and they can lease any or all of those rights to anyone they please. However, they can't control the RF signals going into and through their building from elsewhere.

Also, if they lease space in their building, under OTARD rules and precedents (http://www.fcc.gov/guides/over-air-reception-devices-rule) they can't prevent their tenants from deploying legal wireless gear within their leased premises for various listed purposes, one of which is "broadband."

If you want to use the building as a tower, the landlord will have to figure out whether he's already contracted away all those rights.

But if you want to serve a customer who leases space in the building, you might think about mounting a radio indoors near a window that has a view of your tower. A Nanostation M5 mounted horizontally to the ceiling is very unobtrusive and ordinary window glass is only 1-2 dB insertion loss. (Caution, some kinds of low-emissivity glass are really bad for all wireless, including cellular - check first).

Thanks,

Brough

Brough Turner

netBlazr Inc. – Free your Broadband!

Website <http://broughturner.com/> | Google+ <https://plus.google.com/102447512447094746687/posts?hl=en> | Twitter <https://twitter.com/#%21/brough> | LinkedIn <http://www.linkedin.com/in/broughturner> | Facebook <http://www.facebook.com/brough.turner> | Blog <http://blogs.broughturner.com/> | netBlazr Inc. <http://www.netblazr.com/>

On 8/22/12 12:44 PM, Chris Stradtman wrote:
this is actually inside a structure not on top… but I guess that still applies…

Thanks,

Chris

On Aug 22, 2012, at 12:42 PM, Matt Hoppes <[email protected]> wrote:

Yes,
They can contract that with the building/tower owner.   All it means is
if you want to go on the tower you can't use those frequencies.  You can
erect a structure on the next available land plot and use them.


Matt Hoppes
Director of Information Technology
Indigo Wireless
+1 (570) 723-7312

On 8/22/12 12:38 PM, Chris Stradtman wrote:
Folks,

I'm dealing with a situation in a structure where an incumbent cell
carrier is claiming full control of the
RF spectrum (if I understand correctly from  3 kHz
<http://en.wikipedia.org/wiki/KHz> to 300 GHz
<http://en.wikipedia.org/wiki/Gigahertz>). This claim is based on a
contract with
the buildings management company.  Currently they are not offering any
services in the ISM or UNII ranges,
however they claim that no other vendor can offer services in that range
without the express permission (
and a healthy chunk of all the revenues).  Has anybody dealt with this
before?? I realize that they are probably (one of) the
license holder(s) on record for the regulated cellular spectrum, but I
wonder if a contract with the venue can actually override
the FCCs licensing ( or lack thereof ) on the ISM and UNII spectrums space?

Anybody have any wisdom on this ??

Thanks,

Chris


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--

Thanks,

Brough

Brough Turner

netBlazr Inc. – Free your Broadband!

Mobile:617-285-0433 Skype:brough

netBlazr Inc. <http://www.netblazr.com/>| Google+ <https://plus.google.com/102447512447094746687/posts?hl=en> | Twitter <https://twitter.com/#%21/brough> | LinkedIn <http://www.linkedin.com/in/broughturner> | Facebook <http://www.facebook.com/brough.turner> | Blog <http://blogs.broughturner.com/> | Personal website <http://broughturner.com/>

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