§ 138-10. MCS providers or their assignees subject to present and future legislation.

A. 

Any MCS provider, its assignee, or transferee shall be subject to, and expected to comply with, all applicable ordinances and/or resolutions now or hereafter adopted and in effect within the Town, including this chapter, to the extent that said MCS provider has not received an exemption or relief from said ordinance(s) and/or resolution(s).

B. 

Any MCS provider, and its assignee or transferee, shall be subject to, and expected to comply with, all federal and state laws, and with all rules and regulations issued by all applicable regulatory agencies (including, where applicable, the FCC and the PSC) now or hereafter in existence. However, if the Town amends this chapter, and the amendment of the ordinance would have the effect of either unilaterally requiring the investment of substantial new capital for equipment by the MCS provider, or unilaterally changing the process for default and/or revocation of an MCS provider's franchise, other agreement, license or permit, then such amendment of this chapter shall have no effect on the affected MCS provider, until the expiration of the franchise agreement, other agreement, license or permit.

C. 

Any MCS provider, its assignee, or transferee shall be subject to all lawful exercise of the Town's police power, without limitation of any kind, other than as may be limited by applicable state or federal law.

D. 

With respect to future ordinances and/or resolutions noted in this section, nothing contained herein shall prevent an MCS provider from exercising any, and all, of its administrative and legal rights in order to challenge the constitutionality, applicability, and enforceability of said future ordinances and/or resolutions.