Madison County approves ordinance to establish telecommunications franchise and begin bid process

Madison County Fiscal Court on Oct. 28 passed Ordinance 2025-012, creating a legal framework to grant and regulate a non-cable telecommunications franchise for operation and maintenance of facilities within county public rights-of-way.

The ordinance establishes an application and bidding process, an initial franchise term of 10 years, requirements for bonds and insurance, and aesthetic standards for poles and support structures. The ordinance also gives the fiscal court discretion to select between receiving an annual distribution of the state telecommunications excise tax or charging franchise fees, once the franchisee and fiscal court analyze which option is more favorable. "Article 1 is the creation of the franchise... I promise I'm not reading all 38 pages," county staff said during the second reading.

If adopted, the fiscal court's next step is to advertise for bids under Section 19 of the ordinance. Court members thanked staff for drafting a detailed document and noted the ordinance references the Communications Act of 1934 and related federal law. After public comment produced no speakers and no substantive opposition, the court approved the ordinance on second reading.

The ordinance gives the county authority to enforce standards, terminate or cancel the franchise for cause, and require franchisees to comply with trimming and permitting rules for work in the right-of-way. The measure advances the competitive solicitation process; specific franchise agreements, compensation method and selected franchisee will be determined in subsequent procurement steps.