However, as stated above, owners are not obligated to grant such access, and tenants are often surprised to learn that their preferred carrier has been denied access. The deregulated telecommunications environment presents several issues which should be addressed in office leases between owners and tenants and other telecommunications agreements between owners and carriers. The countervailing pressure on owners is the desire to satisfy the needs of their tenants and provide attractive amenities for the buildings. If a tenant wants a specific carrier or the right to use its choice of carriers in the future, it should raise the issue and obtain the owner's consent in the lease. One issue to be determined up front is whether or not there is room in the building for the type of equipment a particular carrier will require.
Many owners now view their rooftops as additional rentable space.
They can charge tenants who desire to install satellite dishes and carriers who desire to place antenna or satellite dishes on the rooftops. Consequently, the rooftops of many buildings are becoming crowded with telecommunications equipment. If a tenant wants the right to install a telecommunications satellite dish or any other telecommunications equipment on the building roof, the tenant should negotiate this in lease. The owner or third party manager may charge a monthly fee, which should be negotiated up front. Additionally, the tenant should ascertain up front whether there is sufficient room on the roof and if any particular part of the roof must be utilized for the type of equipment the tenant desires to install.