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Posted by Steven Lichter on July 26, 2008, 5:35 pm
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Neal McLain wrote:
> Bill Horne wrote:
>
> > Neal,
> >
> > Thanks for a very informative post. I changed the channel
> > width numbers to "MHz", instead of "GHz".
>
> Oops ... I'm suitably embarrassed.
>
> > When I say "Air Rights", I'm not talking about an FCC
> > license: everyone has to have a license, and of course
> > people didn't use to pay anything but a nominal fee for
> > them (although the bands might be allocated by auction
> > these days), the rights I was thinking of are, literally,
> > rights to the air above the properties between two
> > miccrowave sights. In other words, they are contracts
> > between microwave licensees and property owners, which
> > obligate the land owner to refrain from building above an
> > agreed-upon height, so that the structures never cut off
> > the microwave path.
> >
> > I thought such agreements were common, but I guess not: I
> > know that the phone company sometimes entered into them,
> > but I don't know how much such rights are worth and what
> > the tradeoffs are if a microwave licensee chooses to
> > forego them and risk an obstruction.
>
> I've heard of such agreements, but I've never been involved
> in such a case. I assume that such an agreement would be a
> permanent recorded easement on the land so that it would be
> binding on all future landowners if the land were sold or
> subdivided.
>
> I suppose the same type of agreement could apply to
> satellite antennas. I was once involved in a situation
> where a new building blocked the view from existing
> antennas to several satellites near the center of the
> geostationary orbit. Since no easement existed, the
> antenna owner had to install new antennas.
>
> In this particular case, the antenna owner was KSDK-TV (NBC
> Channel 5, St. Louis), and the new building was the Thomas
> F. Eagleton Federal Courthouse immediately to the south.
>
> The existing antennas were located on the roof of the KSDK
> studio, a two-story building. Fortunately, it was
> possible to install the new antennas on the roof of an
> office tower located next to the studio building. Although
> the office tower wasn't as tall as the new courthouse
> building, studies showed that the new antennas could be
> placed so that they would just "peek" over the courthouse
> roof. http://tinyurl.com/6eqsez
>
> Neal McLain
>
>
> ***** Moderator's Note *****
>
> IANAL, so I won't speculate on how the details are worked out, but
> some companies do think air rights are important and are willing to
> pay for them, either because they're doing something with the links
> that's too profitable to risk interruption (as in the case of a tv
> station), or where the anticipated costs of moving the path (which
> might include negotiating leases under time pressure) are so high that
> they're unthinkable.
> If the federal government bought some land that was encumbered by air
> rights, I wonder if they'd be obligated to honor them: they're not the
> sovereign that encoumbered the land, so that's another factor. I
> suppose that insurace would be available, so if any of the readers are
> in that business, feel free to chime in.
>
> BTW, speaking of "peeking" over another building, can you explain why
> the fresnel zone around a dish is so large? I know it exists and that
> I have to allow for it, but I've never understood the reasons.
>
> Bill Horne
> Temporary Moderator
>
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>
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In Los Angeles there must be such an agreement, there are building
around the Grand office of at&t, because if you look around the area
you can see the microwave is clear.
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