§ 138-70. Periodic regulatory review by Town Board.  


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  • A. 
    Between 210 and 30 days prior to the fourth and eighth anniversary dates of the effective date of this chapter, the Town Board shall conduct a review and examination of this entire MCS provider chapter.
    B. 
    In conducting such a review and examination of the MCS provider ordinance, the Town Board shall consider, among other things, the following:
    (1) 
    Whether one or more provisions have been superseded, clarified, or modified by federal or state law (including PSC rule or regulation);
    (2) 
    Whether one or more provisions have been superseded, clarified, or modified by a subsequent binding judicial decision;
    (3) 
    Whether one or more provisions are unnecessary or ineffective in light of emerging and evolving technologies;
    (4) 
    Whether new or different trends relating to MCS providers warrant or necessitate additional safeguards for customer or subscribers and/or subscribers; and
    (5) 
    Whether the economic and customer or subscriber forces associated with competition have lessened the need for one or more provisions.
    C. 
    If after such a periodic review and examination of the MCS provider ordinance, the Town Board determines that one or more provisions of the MCS provider ordinance should be amended, repealed, revised, clarified, or deleted, then the Town Board may take whatever measures necessary (to the extent permitted by law) in order to accomplish same. It is noted that where warranted and the best interests of the Town, the Town Board may repeal the entire MCS provider ordinance.
    D. 
    Notwithstanding the provisions of Subsections A and C of this section, the Town Board may at any time, and in any manner (to the extent permitted by federal, state, or local law), amend add, repeal, and/or delete one or more provisions of this chapter.