Home
/
News
 /
ELCA Congregations Approached for Wireless Antenna Leases

ELCA Congregations Approached for Wireless Antenna Leases

July 27, 2001



CHICAGO (ELCA) -- With the rise of mobile communication services, congregations across the country have been approached by wireless carriers such as Sprint, Motorola, AT&T and Verizon Wireless, with hopes of installing antennas on the congregation's property.
More recently, congregations have been approached by companies leasing bandwidth to wireless carriers on antennas they own and operate.
The demand for antennas is increasing because of an effort to create a seamless wireless network across the country by both carriers and antenna owners. Church buildings are seen as practical locations for the technical demands of antennas.
"Church buildings are natural environments to conceal wireless antennas," said Scott S. Fintzen, ELCA associate general counsel. People in many communities are concerned about wireless antennas because of their appearance. As a result, wireless carriers and antenna owners have sought out locations which conceal the antennas from view, such as flag poles, tall roofs, and church buildings with tall steeples. "It's (church building) a functional place, it works well and it's desirable because the antennas can't be seen," he said.
"Location is another reason church property is appropriate," Fintzen said. "In particular, congregations in inner cities and rural areas are most likely to be approached. In inner cities, the buildings tend to be on high ground, in well-developed areas. In rural areas, the church buildings are sometimes the tallest structure in the area."
Leases usually range from 10 to 30 years, at as much as $750 to $4,000 per month. While this financial gain may seem appealing to congregations, there are risks and related issues to be considered.
"The potential loss of real property tax exemption is one of the top risks congregations face," Fintzen said. "Congregations need to be sure that the lease requires companies to pay all taxes that are due as a result of the lease or the operation of the antenna, and in particular real property taxes. The lease should also require companies to pay any costs associated with regaining a lost property tax exemption at the end of the lease term," he said.
Fintzen said other issues and potential risk areas to be considered are:
+ Liability
+ Responsibility for compliance with federal, state, and local laws and regulations
+ Hazardous materials
+ Compensation
+ Insurance
+ Impact of lease on congregational operations
+ Access rights and limitations
+ Antenna appearance
+ Scope of leasehold interest and limits on use of premises
+ Responsibility for installation, maintenance and removal of antenna
+ Lease duration
+ Long-term limitation on use or sale of property
Health concerns are sometimes raised as an issue; however, Fintzen said he is "unaware of any documented health hazards that are directly correlated with wireless antennas." Usually wireless leases can be negotiated so the risks and related issues can be avoided, he said. In addition, well-negotiated leases can increase the rental income. For example, ELCA experience has been that rent can be increased by as much as 50 percent from the initial offer, Fintzen said.
Another concern is a type of "scam" run by certain companies, Fintzen said. "Some companies are charging congregations to assess the congregation's property to see if it would be suitable for a wireless antenna." "This doesn't make any sense. It has been our experience that when a wireless antenna owner or wireless carrier is interested in a particular site, they will contact the congregation," he added.
To avoid scams like this and other areas of concern, congregations considering wireless antenna leases should seek legal advice. The ELCA Office of the Secretary is available to assist ELCA congregations with resources and legal referrals. Attorneys already representing congregations can also contact the ELCA for further information regarding this matter.
Fintzen did not know the exact number of congregations with antenna leases, but he said he "receives one to three calls a month concerning the issue." "We want congregations to seek legal help when they are considering this," Fintzen said. --- For information concerning wireless antenna leases, contact Scott S. Fintzen, associate general counsel, in the Office of the Secretary at 800/638-3522 ext. 2101

*Michelle T. Mills is a senior at Bradley University, Peoria, Ill. This
summer she is an intern with the ELCA News & Information.

For information contact:
John Brooks, Director (773) 380-2958 or NEWS@ELCA.ORG
http://listserv.elca.org/archives/elcanews.html

- - -
About the Evangelical Lutheran Church in America:
The ELCA is one of the largest Christian denominations in the United States, with 2.8 million members in more than 8,500 worshiping communities across the 50 states and in the Caribbean region. Known as the church of "God's work. Our hands.," the ELCA emphasizes the saving grace of God through faith in Jesus Christ, unity among Christians and service in the world. The ELCA's roots are in the writings of the German church reformer Martin Luther.

For information contact:
Candice Hill Buchbinder
Public Relations Manager
Candice.HillBuchbinder@ELCA.org

ELCA News

You can receive up-to-date ELCA news releases by email.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.