Telecommunications Leasing

Madgwicks’ Telecommunications team is a highly experienced group led by industry expert Partner Rohan Ingleton who has been acting for telecommunications carriers in Australia for over 20 years.

In addition to acting for telecommunications carriers, our team also expertly advises landlords on negotiations with telecommunications carriers and communications companies. The team has extensive experience with co-location and site sharing arrangements whether it be with other carriers, Local Government Authorities or utility providers.

A significant aspect of the Madgwicks telecommunications leasing service is offering commercial leasing advice as well as providing innovative, tailored leasing solutions unique to each client that significantly increase efficiencies and accuracies. An example of the success of our innovation and specialist approach to leasing is assisting a national carrier client to reduce the national average number of days to complete a transaction from 213 days to 61.9 days.

Our legal experts have solved countless problems and secured tenure for telecommunications carriers thanks to their industry knowledge and state-specific requirements. Over the years, Madgwicks has formed relationships with major stakeholders, whether corporate or public, and understands each party’s needs when it comes to telecommunications leasing.

We have experience in the following areas:

  • Acting for telecommunications carriers;
  • Acting on behalf of landlords in relation to telecommunications arrangements;
  • Providing advice in relation LAANs; and
  • Providing advice in relation to agreements with neutral hosts.

For Carriers

Madgwicks’ leasing experts are legal leaders in the telecommunications leasing space. With its knowledge of the telecommunications and property industries and its strength in innovation, the Madgwicks team is constantly seeking to develop solutions and be at the forefront of a dynamic industry.

Having managed various projects for telecommunications carriers, Madgwicks’ legal experts are problem-solvers when it comes to complex tenancy arrangements, co-location arrangements, unique installation types and negotiating with landlords with difficult requirements.

We provide the following services:

  • Telecommunications leasing and licencing
    • Drafting and negotiating leases, licences, deeds and associated documents for new and existing telecommunications sites in line with client standards.
    • Negotiate precedent agreements with key stakeholders.
    • Streamline processes for site acquisitions to increase efficiency in the end to end turnaround time of transactions.
    • Provide helpful tools and legal knowledge to assist suppliers in their negotiation of the commercial deal.
    • Coordinate the finalisation and obtain relevant consents and arrange registration nationally.
  • Telecommunication site advice
    • Provide advice on legal terms prior to the initiation of transactions between telco, supplier and landlord.
    • Work closely with telcos and suppliers to formulate and implement streamlined processes for site acquisition and renewal.
    • Use our experience working with different types of lessors such as councils, owners corporations, utility providers, government bodies, large businesses, small businesses and individual land owners to obtain the best legal solution for our client.
    • Provide advice in relation to achieving client standards for different types of facilities and compounds as well as the unique commercial and operational requirements in the telecommunications space.
  • Provide advice in relation to documenting agreements that affect crown land, strata land and community land.
  • Assisting with access requirements and compliance with those requirements of service providers by way of easements and access agreements.

For Landlords

Madgwicks understands the key practical and legal concerns for landlords engaging in telecommunications leasing and licensing arrangements. Our leasing experts understand that telecommunications carriers have essential terms that are required for their equipment and use of the site and can assist landlords in finalising tenancy agreements that address the landlord’s concerns in light of those essential requirements for the carriers.

We provide the following services for landlords in relation to telecommunications arrangements:

  • Provide advice in relation to heads of agreement or preliminary negotiations with telecommunications carriers.
  • Provide advice in relation to telecommunications leases, licences, access deeds, compensation deeds and other arrangements.
  • Negotiation of telecommunications leases, licences and tenure arrangements.
  • Provide advice in relation to enforcement of the agreement between the parties.
  • Provide advice in relation to landlord’s rights in respect of existing leasing arrangements and the steps that landlords can take to protect their interests and property.
  • Provide advice in relation to statutory rights and protections granted to carriers, easement arrangements and compulsory acquisition.

For Neutral Hosts

With telecommunications sites becoming increasingly expensive (for carriers) to install, neutral hosts are stepping in to continue to grow the telecommunications network at a reduced capital cost. Neutral hosts enter into negotiations for a tenancy agreement (whether by lease or licence) with the landowner and offers sub-lease or licence agreements to telecommunications carriers.

Having been involved in the negotiation of arrangements between neutral-hosts and telecommunications carriers, our leasing experts are well-placed to provide commercial and practical advice in this area.

We provide the following services in relation to agreements involving a neutral host:

  • Provide advice in relation to heads of agreement or preliminary negotiations between the landowner and neutral host.
  • Provide advice in relation to telecommunications leases, licences, access deeds and other arrangements.
  • Negotiation of leases, licences and tenure arrangements between the landowner and neutral host.
  • Advice in relation to practical requirements for neutral hosts of their tenancy arrangements with landowners.
  • Negotiation of lease and licence arrangements between neutral hosts and telecommunications carriers.
  • Provide advice in relation to enforcement of the agreement between the parties.
  • Provide advice in relation to landlord’s rights in respect of existing leasing arrangements and the steps that landlords can take to protect their interests and property.
  • Provide advice in relation to statutory rights and protections granted to carriers, easement arrangements and compulsory acquisition.

Have you received a LAAN?

Madgwicks has provided advice for both telecommunications carriers and landowners in relation to Land Access and Activity Notices (LAAN), which allow telecommunications carriers to access land to install, maintain and operate telecommunications equipment. Landowners may object to a LAAN on a number of different grounds, failing which the landowner can make a formal complaint to the Telecommunications Industry Ombudsman (TIO).

With 5G being rolled out across Australia, we have seen an increased trend in the use of LAANs to gain access to install equipment at new sites.

Madgwicks can assist with all aspects of:

  • telecommunications law including those under the Telecommunications Act 1997 (Cth);
    reviewing and considering the legal rights under a LAAN;
  • advising in relation to landowner objections to LAANs; and
  • negotiating commercial compensation agreements between landowners and telecommunications carriers.

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