Over the past two years the telecoms market has seen the
consolidating of both mobile phone companies and sites as a means
to significantly reduce operating costs and site rents.
There are approximately 60,000 mobile telecom sites in the UK
with new site acquisition being largely driven by the sales success
of Smartphone's such as the Apple iPhone which has large data
needs.
In December 2007, Hutchison 3G and T-Mobile developed a site
share model based on RAN (Radio Access Network) sharing. This
enables the sharing of antenna, so no physical changes are required
to enable site sharing. The companies are seeking assignment of
leases into joint company names and aim to decommission 5000 sites
between them - this process has already started.
Vodafone and O2 have also developed a site share model based on
RAN sharing. This differs slightly as it will require physical
alterations to the mast to support the technical equipment of both
networks. They are also actively seeking to consolidate their
respective networks and through this process will decommission a
further 6000 unwanted sites. This is on top of the 5000 sites to be
decommissioned by T-Mobile and H3G.
Fisher German has sought Counsel's opinion on the reasons that
might be upheld to 'reasonably refuse' consent to assignment to the
new joint companies. This depends on the drafting of the lease and
where assignment or user is limited. Landlords are able to do deals
which may include terms such as:
Rents towards the top end of the range
Premiums for assignment of between £3000 to £6000
per lease
Postponement of break clauses
These deals illustrate that a site for two networks is more
valuable than one used by a single operator.
Letters are currently being sent to all O2 and Vodafone
landlords seeking a reduction in rent paid under each lease, a
change in the rent review mechanism to provide for Market Reviews
only, removal of landlords break rights and the ability to be able
to share the mast with either Vodafone or O2 free of charge.
Landlords who receive such letters should consider:
Are the demands of the operators reasonable?
What other option does the operator have to maintain coverage
were the landlord not to agree to their demands?
Vodafone and O2 will not want to risk losing coverage.
Landlords need to consider the coverage options afforded by
adjacent sites.
These mergers are the biggest change in the telecoms market for
20 years and this is only compounded by the recently announced full
companies merger between Orange and T-Mobile bringing about the
creation of one overall parent company - 'Everything Everywhere'.
This significant merger will result in further network
consolidation and a significant further reduction in the number of
mobile phone sites throughout the UK.
Chris Hicks, Partner at Fisher German concludes "Despite the
threatening tone of the letters being sent to landlords by the
various telecom operators, landlords are advised to hold firm.
The market changes very quickly and landlords should be aware
that 4G is coming next.
For further advice and information, please contact Christopher
Hicks on 01858 411202 or email chris.hicks@fishergerman.co.uk.
For more information about Fisher German, please visit their
website here: www.fishergerman.co.uk