The Westland City Council voted to replace Chapter 10 of the municipal code with ordinance 17-59 (option 2), creating a license-based framework to manage utility use of city right-of-way and updating the city’s master fees and charges. The adopted version exempts wireless providers that do not own facilities in the right-of-way from gross-revenue right-of-way usage fees.

City staff said the existing code lacked the detailed protections and auditing, insurance, and indemnity language that older franchise agreements provided. Management analyst Stephanie Hastings and outside counsel Nancy Werner led a multi-month drafting process involving review of neighboring cities’ ordinances, written public comment and meetings with telecommunication providers. Staff described two ordinance options: option 1 would have applied right-of-way usage fees broadly; option 2 adds a narrow exemption for providers that supply wireless service but do not place facilities in the city right-of-way (other than FCC-defined small cells).

Wireless carriers and trade associations delivered written comments and oral testimony. Verizon, AT&T and CTIA urged the council to adopt the exemption, arguing a fee tied to gross revenues could run afoul of federal law and that carriers without facilities in the right-of-way are not similarly situated to wireline utilities that occupy physical space in the street. Verizon and AT&T representatives said they welcomed staff’s alternative option and recommended adoption of option 2.

Council members discussed fiscal implications and litigation risk. Staff clarified that the proposed ordinance preserves existing percentage rates for utilities that do have facilities in the right-of-way, adds a registration pathway for low-impact providers, clarifies small-cell attachment fees consistent with FCC guidance and establishes auditing and reporting language. Councilors also asked for clarity that the right-of-way usage charges are fees, not taxes.

The council approved the first reading of ordinance 17-59 option 2 and later adopted the ordinance on second reading. The council then adopted Resolution 2025-07 revising the master fees and charges to reflect the new license and fee structure. Roll-call votes recorded votes on the resolution with Council President Baumgartner — yes; Councilor Groner — no; Councilor Bonnington — yes; Councilor Bridal — yes; Mayor Bielanski — yes. The ordinance itself carried on final reading.

Staff said the revised code will provide city crews clearer authority to manage construction, relocations and safety in the right-of-way, to audit provider reporting and to require insurance and indemnity consistent with modern agreements. Those protections were the principal policy goals staff cited when preparing the replacement code.

Council directions included adopting the option 2 ordinance, adopting the updated master fee schedule, and directing staff to proceed with implementation and outreach. Several councilors thanked staff for extended outreach to providers and for incorporating many technical comments.