A. Conflicts: In the event of a conflict between any provision of this chapter and a franchise or license entered pursuant to it, the provisions of this chapter shall control.
B. Separability: If any provision of this chapter is held by any federal, state or local court of competent jurisdiction, to be invalid as conflicting with any federal or state statute, or is ordered by a court to be modified in any way in order to conform to the requirements of any such law and all appellate remedies with regard to the validity of the ordinance provisions in question are exhausted, such provision shall be considered a separate, distinct and independent part of this chapter, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law is subsequently repealed, rescinded, amended or otherwise changed, so that the provision which had been held invalid or modified is no longer in conflict with such law, the provision in question shall return to full force and effect and shall again be binding on the town and the provider; provided, that the town shall give the provider thirty (30) days', or a longer period of time as may be reasonably required for a provider to comply with such a rejuvenated provision, written notice of the change before requiring compliance with such provision.
C. New Developments: It shall be the policy of the town to liberally amend this chapter, upon application of a provider, when necessary, to enable the provider to take advantage of any developments in the field of telecommunications which will afford the provider an opportunity to more effectively, efficiently or economically serve itself or the public. (Ord. 1998-2, 4-9-1998)
D. Notices: All notices from a provider to the town required under this chapter or pursuant to a franchise or license granted pursuant to this chapter shall be directed to the officer as designated by the mayor. A provider shall provide in any application for a franchise or license the identity, address and phone number of the person to receive notices from the town. (Ord. 1998-2, 4-9-1998; amd. 2001 Code)
E. Regulation By Town: To the full extent permitted by applicable law either now or in the future, the town reserves the right to adopt or issue such rules, regulations, orders or other directives governing telecommunications that it finds necessary or appropriate in the lawful exercise of its police powers.
F. Most Favored Nation: If a provider enters into a franchise or other agreement regarding the use of rights of way with any other city in the state that contains additional, enhanced or more favorable terms than those included in a franchise or license granted pursuant to this chapter, such person shall, at the town's request, agree to modify the franchise or license to include such provisions. (Ord. 1998-2, 4-9-1998)