License to site

The California Department of Real Estate (www.dre.ca.gov) is working to educate wireless professionals about its licensing requirements.

The California Business and Professions Code states that a real estate broker license is required for firms and individuals that negotiate the purchase or lease of an antenna or tower site.

“Essentially, a license is required to act as an agent on behalf of other to procure for sale or lease of real property,” said Randy Brendia, California Department of Real Estate manager.

“We maintain the position that sites are located on real estate, and, as a consequence, a license is required.”

The license would apply to site acquisition companies as well as single contractors.

“If a company in the telecommunications industry hires an individual to handle site acquisition and that employee negotiates the purchase, sale, lease or rent of an antenna site on behalf of that company, then that individual would require a real estate broker’s license,” said Mark Tutera, California Department of Real Estate senior deputy commissioner.

“The same would apply if the company contracted with an outside firm.”

Getting a real estate broker’s license is a bit time-consuming. People applying must take seven college-level courses and have either two years of sales experience or a college degree. The classes prepare students for the broker’s exam, which they must pass to obtain a license. There also are a number of fees involved, ranging from $218 for the license itself to $56 for fingerprinting.

If wireless companies don’t want to pay for their own employees to become licensed in California, they can simply hire a broker.

“They can certainly employ a licensee to work on their behalf,” Brendia said, “as long as the licensed activity is being done by the licensee.”

He said licensed real estate brokers had brought the issue to the attention of the department.

“We’ve had a number of problems,” he said. “And, as part of keeping the business environment a level playing field, then we have to police those individuals. Everyone has to play by the same rules.”