(A) The town reserves the right to amend this chapter as it shall find necessary in the lawful exercise of its police powers.
(B) This chapter shall be applicable to all communications facilities placed in the public rights-of-way on or after the effective date of this chapter and shall apply to all existing communications facilities in the public rights-of-way prior to the effective date of this chapter, to the full extent permitted by state and federal law.
(C) The adoption of this chapter is not intended to affect any rights or defenses of the town under any existing franchise, license or other agreements with a communications services provider.
(D) Nothing in this chapter shall affect the remedies the town has available under applicable law.
(E) Any person who uses the communications facilities of a registrant, other than the registrant that owns the facilities, shall not be entitled to any rights to place or maintain such facilities in excess of the rights of the registrant that places or maintains the facilities.
(F) Approved registrations and permits are expressly subject to any future amendment to or replacement of this chapter and further subject to any additional town ordinances, as well as any state or federal laws that may be enacted.
(G) The town shall have all powers not otherwise preempted by the regulations of the FCC or applicable federal or state law or regulation, and shall have all powers conferred on a permitting authority or allowed by any provision of state or federal law which are not addressed in this chapter.
(H) Should any amendment be made to any federal or state law or should any provision thereof be held to be invalid or unenforceable by a court of competent jurisdiction which materially affects the town’s authority with respect to the regulation of this chapter, the town shall have the right to amend this chapter to the extent it deems appropriate, and the existing permit shall be subject to such amendment.
(Ord. 2010-01, passed 1-26-2010)