https://urgentcomm.com/wp-content/themes/ucm_child/assets/images/logo/footer-new-logo.png
  • Home
  • News
  • Multimedia
    • Back
    • Multimedia
    • Video
    • Podcasts
    • Galleries
    • IWCE’s Video Showcase
    • IWCE 2022 Winter Showcase
    • IWCE 2023 Pre-event Guide
  • Commentary
    • Back
    • Commentary
    • Urgent Matters
    • View From The Top
    • All Things IWCE
    • Legal Matters
  • Resources
    • Back
    • Resources
    • Webinars
    • White Papers
    • Reprints & Reuse
  • IWCE
    • Back
    • IWCE
    • Conference
    • Special Events
    • Exhibitor Listings
    • Premier Partners
    • Floor Plan
    • Exhibiting Information
    • Register for IWCE
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Terms of Service
    • Privacy Statement
    • Cookie Policy
  • Related Sites
    • Back
    • American City & County
    • IWCE
    • Light Reading
    • IOT World Today
    • Mission Critical Technologies
    • TU-Auto
  • In the field
    • Back
    • In the field
    • Broadband Push-to-X
    • Internet of Things
    • Project 25
    • Public-Safety Broadband/FirstNet
    • Virtual/Augmented Reality
    • Land Mobile Radio
    • Long Term Evolution (LTE)
    • Applications
    • Drones/Robots
    • IoT/Smart X
    • Software
    • Subscriber Devices
    • Video
  • Call Center/Command
    • Back
    • Call Center/Command
    • Artificial Intelligence
    • NG911
    • Alerting Systems
    • Analytics
    • Dispatch/Call-taking
    • Incident Command/Situational Awareness
    • Tracking, Monitoring & Control
  • Network Tech
    • Back
    • Network Tech
    • Interoperability
    • LMR 100
    • LMR 200
    • Backhaul
    • Deployables
    • Power
    • Tower & Site
    • Wireless Networks
    • Coverage/Interference
    • Security
    • System Design
    • System Installation
    • System Operation
    • Test & Measurement
  • Operations
    • Back
    • Operations
    • Critical Infrastructure
    • Enterprise
    • Federal Government/Military
    • Public Safety
    • State & Local Government
    • Training
  • Regulations
    • Back
    • Regulations
    • Narrowbanding
    • T-Band
    • Rebanding
    • TV White Spaces
    • None
    • Funding
    • Policy
    • Regional Coordination
    • Standards
  • Organizations
    • Back
    • Organizations
    • AASHTO
    • APCO
    • DHS
    • DMR Association
    • ETA
    • EWA
    • FCC
    • IWCE
    • NASEMSO
    • NATE
    • NXDN Forum
    • NENA
    • NIST/PSCR
    • NPSTC
    • NTIA/FirstNet
    • P25 TIG
    • TETRA + CCA
    • UTC
Urgent Communications
  • NEWSLETTER
  • Home
  • News
  • Multimedia
    • Back
    • Video
    • Podcasts
    • Omdia Crit Comms Circle Podcast
    • Galleries
    • IWCE’s Video Showcase
    • IWCE 2023 Pre-event Guide
    • IWCE 2022 Winter Showcase
  • Commentary
    • Back
    • All Things IWCE
    • Urgent Matters
    • View From The Top
    • Legal Matters
  • Resources
    • Back
    • Webinars
    • White Papers
    • Reprints & Reuse
    • UC eZines
    • Sponsored content
  • IWCE
    • Back
    • Conference
    • Why Attend
    • Exhibitor Listing
    • Floor Plan
    • Exhibiting Information
    • Join the Event Mailing List
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Cookie Policy
    • Terms of Service
    • Privacy Statement
  • Related Sites
    • Back
    • American City & County
    • IWCE
    • Light Reading
    • IOT World Today
    • TU-Auto
  • newsletter
  • In the field
    • Back
    • Internet of Things
    • Broadband Push-to-X
    • Project 25
    • Public-Safety Broadband/FirstNet
    • Virtual/Augmented Reality
    • Land Mobile Radio
    • Long Term Evolution (LTE)
    • Applications
    • Drones/Robots
    • IoT/Smart X
    • Software
    • Subscriber Devices
    • Video
  • Call Center/Command
    • Back
    • Artificial Intelligence
    • NG911
    • Alerting Systems
    • Analytics
    • Dispatch/Call-taking
    • Incident Command/Situational Awareness
    • Tracking, Monitoring & Control
  • Network Tech
    • Back
    • Cybersecurity
    • Interoperability
    • LMR 100
    • LMR 200
    • Backhaul
    • Deployables
    • Power
    • Tower & Site
    • Wireless Networks
    • Coverage/Interference
    • Security
    • System Design
    • System Installation
    • System Operation
    • Test & Measurement
  • Operations
    • Back
    • Critical Infrastructure
    • Enterprise
    • Federal Government/Military
    • Public Safety
    • State & Local Government
    • Training
  • Regulations
    • Back
    • Narrowbanding
    • T-Band
    • Rebanding
    • TV White Spaces
    • None
    • Funding
    • Policy
    • Regional Coordination
    • Standards
  • Organizations
    • Back
    • AASHTO
    • APCO
    • DHS
    • DMR Association
    • ETA
    • EWA
    • FCC
    • IWCE
    • NASEMSO
    • NATE
    • NXDN Forum
    • NENA
    • NIST/PSCR
    • NPSTC
    • NTIA/FirstNet
    • P25 TIG
    • TETRA + CCA
    • UTC
acc.com

Commentary Newsletters


The art of the deal

The art of the deal

Tower owners and operators are wizards when it comes to RF engineering, not so much when it comes to negotiating with their tenants. So said Robert Schwaninger, who will be conducting a session entitled, "The Secrets of Contract Negotiation," in a couple of weeks at IWCE 2008 in Las Vegas
  • Written by Urgent Communications Administrator
  • 15th February 2008

Tower owners and operators are wizards when it comes to RF engineering, not so much when it comes to negotiating with their tenants. So said Robert Schwaninger, who will be conducting a session entitled, “The Secrets of Contract Negotiation,” in a couple of weeks at IWCE 2008 in Las Vegas.

“They often feel that contracts are outside their [area of expertise], so they enter into them after barely reading them,” he said. “What they’ll read is, ‘How long does it last, and how much money?’ They don’t read the rest of terms, which is bad business.”

Schwaninger, who represents numerous tower owners in his telecommunications law practice, told me this week in an interview that failure in this area can have long-lasting implications.

“A bad contract is a bad contract. But a bad contract that lasts for 30 years is a really stinking contract,” he said. “You might be able to survive one that only went on for six months and you lost money. But what do you do with one that goes on for 30 years?”

Schwaninger said a big part of the problem is that tower owners typically don’t know how to assess their own assets or determine their leverage in a negotiation.

“When they don’t put a value on their own assets, they don’t know what the hell they’re doing when they negotiate a contract that involves those assets — whether it’s money, tower space or air time,” Schwaninger said. “In which case, when someone makes them an offer … they don’t know whether they are being offered a good deal or a bad deal.”

Regarding leverage, Schwaninger said the best way to determine whether you have it is to determine whether you’re comfortable walking away from the deal. “If you don’t feel comfortable walking away, you’ve lost leverage, you don’t have leverage,” he said. “The next issue is, how comfortable is the other person walking away? How essential is this particular asset, this particular contract, to what they’re trying to accomplish?”

Schwaninger also advised tower owners to avoid taking the word of the other party. “‘This is our standard contract,’ is one of the biggest lies. … When someone hands you a contract, the first thing you have to do is say, ‘Does this make sense for me?'”

He also cautioned against being intimidated by “contract-ese.”

“Being unwilling to accept language you don’t understand often will allow you to get to better language you do understand, and [the contract] will meet your expectations,” Schwaninger said. “You will discover, when you do that, that a lot of the people negotiating contracts on the other side didn’t write them. So, they don’t understand the language either. By asking them to explain what something means … many times you wind up with much better terms.”

Another tip Schwaninger offered was to make sure you “control the clock” in any contract negotiation.

“Some people get intimidated by time. Sometimes they’ll say, ‘Gee, my next quarter would look better if I got this contract.’ That’s not the basis for contract negotiation,” he said. “So, what you have to do is, decide what the other guy’s timing is. If he’s in a hurry, you’re not.”

We covered a lot more during our chat, but rather than divulge more, I’d rather you get it directly from the source, which you can do by attending Schwaninger’s session on Friday, Feb. 29 from 10:00 to 11:00 a.m. Though I must note — in the interest of full disclosur — that my company produces IWCE, it doesn’t change the fact that this session is just one of many outstanding sessions that IWCE’s Stacey Orlick and Cristina Cotto have put together for this year’s conference. I’ll be attending many of them — hope to see you there.

E-mail me at [email protected].

Tags: Commentary Newsletters

Most Recent


  • Updated: How 'sidelink' peer-to-peer communications can enhance public-safety operations
    Editor’s note: A previous version of this column was posted that included only the first portion of the article—a mistake by the editor. IWCE’s Urgent Communications regrets the error and apologizes for any inconvenience. When first responders are called to action, they need reliable communications to coordinate an effective public-safety response. Public-safety personnel understand this […]
  • NG911 needed to secure our communities and nation
    As the new Congress begins its work in earnest, we look forward to continued progress in funding the transition to IP-based next-generation 911 (NG911) technology. Our nation’s 911 systems are critical to ensuring the safety and security of our communities, and nationwide implementation of NG911 will ensure these systems can leverage the most advanced communications […]
  • How 5G is making cities safer, smarter, and more efficient
    It’s a scenario we’ve all experienced: an ambulance with a blaring siren racing against time to get a person in medical distress to a hospital through traffic. What we don’t see is 5G connectivity enabling paramedics to communicate with hospital staff via video conference and coordinate care in real-time before arriving at the emergency room. […]
  • 3GPP moves Release 18 freeze date to March 2024
    The latest set of 3GPP Plenary electronic meetings (e-meetings) concluded on Dec. 19, 2022. The meetings focused on the Release 18 (R18) feature progress and schedule. It was decided to extend the R18 freeze date (specifications complete for all R18 features) by three months to March 2024 to ensure the quality of the R18 3GPP […]

Leave a comment Cancel reply

To leave a comment login with your Urgent Comms account:

Log in with your Urgent Comms account

Or alternatively provide your name, email address below:

Your email address will not be published. Required fields are marked *

Related Content

  • Unlocking the power of ESInets: Different NG911 provisioning approaches exist; level of control is key differentiator
  • Redefining communications for today’s mobile workforces
  • Public safety needs a better way to triage emergency calls
  • In challenging year, working with public safety to move FirstNet forward

Commentary


Updated: How ‘sidelink’ peer-to-peer communications can enhance public-safety operations

  • 1
27th February 2023

NG911 needed to secure our communities and nation

24th February 2023

How 5G is making cities safer, smarter, and more efficient

26th January 2023
view all

Events


UC Ezines


IWCE 2019 Wrap Up

13th May 2019
view all

Twitter


UrgentComm

Microsoft Outlook vulnerability could be 2023’s ‘It’ bug dlvr.it/SlC3Hh

20th March 2023
UrgentComm

Getting to know the how–and why–of the telecom cloud dlvr.it/SlBbD1

20th March 2023
UrgentComm

Zipline delivery drone docks, charges by itself dlvr.it/SlBNWy

20th March 2023
UrgentComm

State and local leaders can alleviate the burden on public-safety personnel by tackling three workforce trends dlvr.it/SlBH89

20th March 2023
UrgentComm

6G is shaping up to disappoint, and the industry can blame itself dlvr.it/Sl918J

20th March 2023
UrgentComm

Change is coming to the network detection and response (NDR) market dlvr.it/Sl4cts

18th March 2023
UrgentComm

Telcos need to build businesses, as well as networks dlvr.it/Sl4cRR

18th March 2023
UrgentComm

Get ready for the summer of spectrum squabbling dlvr.it/Sl4c1J

18th March 2023

Newsletter

Sign up for UrgentComm’s newsletters to receive regular news and information updates about Communications and Technology.

Expert Commentary

Learn from experts about the latest technology in automation, machine-learning, big data and cybersecurity.

Business Media

Find the latest videos and media from the market leaders.

Media Kit and Advertising

Want to reach our digital and print audiences? Learn more here.

DISCOVER MORE FROM INFORMA TECH

  • American City & County
  • IWCE
  • Light Reading
  • IOT World Today
  • Mission Critical Technologies
  • TU-Auto

WORKING WITH US

  • About Us
  • Contact Us
  • Events
  • Careers

FOLLOW Urgent Comms ON SOCIAL

  • Privacy
  • CCPA: “Do Not Sell My Data”
  • Cookie Policy
  • Terms
Copyright © 2023 Informa PLC. Informa PLC is registered in England and Wales with company number 8860726 whose registered and Head office is 5 Howick Place, London, SW1P 1WG.