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Fiscal court accepts nonbinding Windstream acknowledgement while ordinance is drafted
Summary
The court voted to accept a nonbinding resolution acknowledging Windstream’s presence pending a future nonexclusive franchise ordinance; Windstream attorney said the resolution is a temporary stopgap while the company and county work on ordinance language.
Adair County Fiscal Court voted March 24 to accept a nonbinding resolution that acknowledges Windstream’s telecommunications presence in county right-of-ways while a formal, nonexclusive franchise ordinance is developed.
Brian Berger, an attorney with DBL Law representing Windstream, told the court the resolution is not a franchise and does not convey exclusive rights; instead, he described it as a temporary measure to recognize the company’s operations while jurisdictions draft an ordinance that—if adopted—would require two readings. Berger said the firm is working with multiple jurisdictions in southern Kentucky and requested the court acknowledge the company’s activity as they finish ordinance language.
Members asked whether the resolution would prevent later local action; Berger said it would not: the county could still vote to limit or deny the company’s activities in the future. County staff said they understood the resolution’s limited scope and that the county attorney will review any formal franchise ordinance when it is presented. The court moved, seconded and carried the measure to accept the resolution as presented.
The resolution does not grant exclusive rights and was characterized in the meeting as an interim administrative acknowledgment; the court asked Windstream’s counsel to return with ordinance language when ready.
