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Greenup County to retain outside attorney to handle telecom franchise agreements
Summary
County attorney recommended hiring an outside telecommunications attorney to negotiate franchise agreements with providers such as Windstream, create an inventory of infrastructure in county rights-of-way, and recover fee revenue to offset legal costs; the fiscal court approved retaining the attorney.
County Attorney Matthew Warnick told the Greenup County Fiscal Court on Oct. 14 that he had been contacted by attorneys for Windstream about telecommunications franchise agreements and recommended retaining outside counsel with specialized experience to handle those negotiations. Warnick said the county currently lacks franchise agreements for telecommunications infrastructure in county rights-of-way and does not have a complete inventory of where companies have facilities.
"What I want her to do is, she's willing to, if we — I want her to represent us to deal with Windstream, any other telecommunication companies," Warnick said, describing the proposed engagement. He said the outside attorney would set up a process that could allow the county to charge franchise application fees; those fees, he said, would be intended to cover the attorney's costs, making the arrangement "a wash." Warnick said the work would provide "an inventory and accountability" for equipment placed in county right-of-way.
The fiscal court voted to retain the attorney, as moved and seconded during court. The motion was seconded by Lee (identified in the transcript as "Second by Lee"), and the court recorded unanimous approval. The judge or presiding official indicated the county would proceed with the engagement.
Why it matters: Counties that document and regulate utility infrastructure in public rights-of-way can clarify responsibilities for maintenance and safety, ensure compliance with local permitting requirements, and in some cases recover fees that offset administrative costs. The court did not adopt a franchise ordinance at the meeting; it authorized retaining counsel to pursue franchise agreements and related representation.
Next steps: The county attorney's office and the retained counsel are expected to pursue franchise agreements and create an inventory of telecom facilities in Greenup County's rights-of-way. The transcript does not specify a contract amount, a timeline for completion, or an effective date for any future franchise fees.
