Tenn. Code Ann. § 65-30-105 — TN Code / Title 65 / Chapter 30 / Section 65-30-105
Certificate of public convenience and necessity
Status: in_force

(a) No person or organization shall hereafter begin the construction, extension or operation of a radio common carrier system or acquire ownership or control thereof, without first obtaining from the commission a certificate that the present or future public convenience and necessity require or will require such construction, extension, operation or acquisition. (b) (1) The application for such a certificate of public convenience and necessity shall be in writing, shall include a description of the territory in which the radio common carrier system is proposed to be constructed, extended, operated or acquired, and shall contain such other information as the commission may prescribe from time to time by rules and regulations or orders, including any and all information as to who will own an interest of any kind in the radio common carrier system, and shall be accompanied by a fee of fifty dollars ($50.00). (2) Such applicant shall disclose and file with the commission any and all information relating to ownership and control required to be filed with the federal communications commission. (c) Upon the filing of such an application and the payment of the fee prescribed, the commission shall fix the time and place for a hearing thereon and shall cause notice thereof to be given to the holder of an existing certificate in the affected territory, and to the chief executive officer of any government entity within the affected territory, and to such other parties in interest as the commission may deem necessary. In the event the applicant proposes to interconnect its radio common carrier system with the communications system of an existing land line telephone or telegraph company, then notice of such hearing and a copy of the application shall be served upon the telephone or telegraph utility. If the application is to extend a certificated carrier's operations into a territory contiguous to that of the territory then being actively served by such carrier, and which territory is not then being served by an existing carrier, upon the showing of the need for such service in the contiguous area, such certificated carrier shall be given the preference to serve such contiguous area. (d) After such hearing, the commission may issue to the applicant a certificate of public convenience and necessity in a form to be prescribed by it or may refuse to issue the same or may issue it for only partial exercise of the privilege sought, or may attach to the exercise of the right granted by the certificate such terms, limitations and conditions which it deems the public interest may require. The certificate shall include a description of the territory in which the radio common carrier system is to be constructed, extended, operated or acquired. (e) In determining whether a certificate shall be issued, the commission shall take into consideration, among other things, the public need for the proposed service or acquisition, the suitability of the applicant, the financial responsibility of the applicant, the ability of the applicant to perform efficiently the service for which authority is requested. (f) (1) The commission shall not grant a certificate for a proposed radio common carrier operation or extension thereof into the established service area which will be in competition with or duplication of any other certificated radio common carrier unless it shall first determine that the existing service is inadequate to meet the reasonable needs of the public and that the person, firm or corporation operating the same is unable to or refuses or neglects after hearing on reasonable notice to provide reasonably adequate service. (2) It is a legislative finding that to provide adequate service, including meaningful competition in any service area where qualified applicants have applied for a certificate of public convenience and necessity, the commission shall grant certificates of public convenience and necessity to a total of two (2) radio common carriers in each such service area, and that such number of service providers will provide the highest level of overall service to the public. (g) (1) An applicant who is granted a certificate of public convenience and necessity by the commission shall apply for and seek appropriate authority from the federal communications commission, and in the event the applicant fails to do so within six (6) months from the date of grant of authority by the commission, the applicant shall be deemed to have abandoned its application to operate as a radio common carrier. (2) If an applicant, after obtaining a certificate of convenience and necessity from the commission, and after obtaining appropriate authority also from the federal communications commission, fails to commence operations as a radio common carrier within twelve (12) months from the date it has obtained the appropriate federal authority, the applicant shall be deemed to have abandoned its intention to operate as a radio common carrier. For good cause shown, this twelve-month period may be extended for another like period. (h) The granting of any certificate of convenience and necessity to a radio common carrier shall not alter or diminish the right of any land line telephone company rendering communications services in the same area to provide the same or similar radio services within the area specified in the certificate. (i) The commission may, after affording the holder an opportunity to be heard, revoke, suspend or alter any such certificate of public convenience and necessity for the willful violation of any provision of this chapter or the rules and regulations or orders of the commission made under the authority of this chapter. Acts 1972, ch. 641, §§ 4, 7; T.C.A., §§65-3004, 65-3007; Acts 1991, ch. 343, § 1; 1995, ch. 305, § 40.
(a) No person or organization shall hereafter begin the construction, extension or operation of a radio common carrier system or acquire ownership or control thereof, without first obtaining from the commission a certificate that the present or future public convenience and necessity require or will require such construction, extension, operation or acquisition.
(b) (1) The application for such a certificate of public convenience and necessity shall be in writing, shall include a description of the territory in which the radio common carrier system is proposed to be constructed, extended, operated or acquired, and shall contain such other information as the commission may prescribe from time to time by rules and regulations or orders, including any and all information as to who will own an interest of any kind in the radio common carrier system, and shall be accompanied by a fee of fifty dollars ($50.00). (2) Such applicant shall disclose and file with the commission any and all information relating to ownership and control required to be filed with the federal communications commission.
(1) The application for such a certificate of public convenience and necessity shall be in writing, shall include a description of the territory in which the radio common carrier system is proposed to be constructed, extended, operated or acquired, and shall contain such other information as the commission may prescribe from time to time by rules and regulations or orders, including any and all information as to who will own an interest of any kind in the radio common carrier system, and shall be accompanied by a fee of fifty dollars ($50.00).
(2) Such applicant shall disclose and file with the commission any and all information relating to ownership and control required to be filed with the federal communications commission.
(c) Upon the filing of such an application and the payment of the fee prescribed, the commission shall fix the time and place for a hearing thereon and shall cause notice thereof to be given to the holder of an existing certificate in the affected territory, and to the chief executive officer of any government entity within the affected territory, and to such other parties in interest as the commission may deem necessary. In the event the applicant proposes to interconnect its radio common carrier system with the communications system of an existing land line telephone or telegraph company, then notice of such hearing and a copy of the application shall be served upon the telephone or telegraph utility. If the application is to extend a certificated carrier's operations into a territory contiguous to that of the territory then being actively served by such carrier, and which territory is not then being served by an existing carrier, upon the showing of the need for such service in the contiguous area, such certificated carrier shall be given the preference to serve such contiguous area.
(d) After such hearing, the commission may issue to the applicant a certificate of public convenience and necessity in a form to be prescribed by it or may refuse to issue the same or may issue it for only partial exercise of the privilege sought, or may attach to the exercise of the right granted by the certificate such terms, limitations and conditions which it deems the public interest may require. The certificate shall include a description of the territory in which the radio common carrier system is to be constructed, extended, operated or acquired.
(e) In determining whether a certificate shall be issued, the commission shall take into consideration, among other things, the public need for the proposed service or acquisition, the suitability of the applicant, the financial responsibility of the applicant, the ability of the applicant to perform efficiently the service for which authority is requested.
(f) (1) The commission shall not grant a certificate for a proposed radio common carrier operation or extension thereof into the established service area which will be in competition with or duplication of any other certificated radio common carrier unless it shall first determine that the existing service is inadequate to meet the reasonable needs of the public and that the person, firm or corporation operating the same is unable to or refuses or neglects after hearing on reasonable notice to provide reasonably adequate service. (2) It is a legislative finding that to provide adequate service, including meaningful competition in any service area where qualified applicants have applied for a certificate of public convenience and necessity, the commission shall grant certificates of public convenience and necessity to a total of two (2) radio common carriers in each such service area, and that such number of service providers will provide the highest level of overall service to the public.
(1) The commission shall not grant a certificate for a proposed radio common carrier operation or extension thereof into the established service area which will be in competition with or duplication of any other certificated radio common carrier unless it shall first determine that the existing service is inadequate to meet the reasonable needs of the public and that the person, firm or corporation operating the same is unable to or refuses or neglects after hearing on reasonable notice to provide reasonably adequate service.
(2) It is a legislative finding that to provide adequate service, including meaningful competition in any service area where qualified applicants have applied for a certificate of public convenience and necessity, the commission shall grant certificates of public convenience and necessity to a total of two (2) radio common carriers in each such service area, and that such number of service providers will provide the highest level of overall service to the public.
(g) (1) An applicant who is granted a certificate of public convenience and necessity by the commission shall apply for and seek appropriate authority from the federal communications commission, and in the event the applicant fails to do so within six (6) months from the date of grant of authority by the commission, the applicant shall be deemed to have abandoned its application to operate as a radio common carrier. (2) If an applicant, after obtaining a certificate of convenience and necessity from the commission, and after obtaining appropriate authority also from the federal communications commission, fails to commence operations as a radio common carrier within twelve (12) months from the date it has obtained the appropriate federal authority, the applicant shall be deemed to have abandoned its intention to operate as a radio common carrier. For good cause shown, this twelve-month period may be extended for another like period.
(1) An applicant who is granted a certificate of public convenience and necessity by the commission shall apply for and seek appropriate authority from the federal communications commission, and in the event the applicant fails to do so within six (6) months from the date of grant of authority by the commission, the applicant shall be deemed to have abandoned its application to operate as a radio common carrier.
(2) If an applicant, after obtaining a certificate of convenience and necessity from the commission, and after obtaining appropriate authority also from the federal communications commission, fails to commence operations as a radio common carrier within twelve (12) months from the date it has obtained the appropriate federal authority, the applicant shall be deemed to have abandoned its intention to operate as a radio common carrier. For good cause shown, this twelve-month period may be extended for another like period.
(h) The granting of any certificate of convenience and necessity to a radio common carrier shall not alter or diminish the right of any land line telephone company rendering communications services in the same area to provide the same or similar radio services within the area specified in the certificate.
(i) The commission may, after affording the holder an opportunity to be heard, revoke, suspend or alter any such certificate of public convenience and necessity for the willful violation of any provision of this chapter or the rules and regulations or orders of the commission made under the authority of this chapter.
Acts 1972, ch. 641, §§ 4, 7; T.C.A., §§65-3004, 65-3007; Acts 1991, ch. 343, § 1; 1995, ch. 305, § 40.
Tenn. Code Ann. § 65-15-114 — TN Code / Title 65 / Chapter 15 / Section 65-15-114
Transporting nuclear fuel
Status: in_force

(a) "Spent nuclear fuel" means as defined in 42 U.S.C. § 10101(12) and (23) and the following: (1) The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations; (2) Other highly radioactive material that is designated by the nuclear regulatory commission by rule for permanent isolation; and (3) Fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. (b) No person, firm, or corporation shall cause to be shipped or shall arrange for transportation upon the highways or railways of this state any spent nuclear fuel unless such person, firm or corporation notifies the emergency management agency which shall notify the department of safety (hereinafter referred to as the "department") in advance of any transportation of spent nuclear fuel through or within the state. In the case of spent nuclear fuel for which by law the United States nuclear regulatory commission notifies the governor, the governor or the governor's designee shall within twenty-four (24) hours after receipt of such notification, notify the department of the transportation of such materials. The notification of such shipments and all facts and circumstances relevant thereto shall be kept confidential and shall not be disclosed to the public in the interest of national security. (c) (1) A fee shall be assessed for all nuclear spent fuel shipments at the rate of one thousand dollars ($1,000) per cask for truck shipments, and two thousand dollars ($2,000) per cask for rail shipments received at or departing from any nuclear power station or away from a reactor spent fuel storage facility located in Tennessee. The owner of such facility shall pay this fee. The same fees prescribed by this subsection (c) shall apply to all spent nuclear fuel shipments traversing this state and the shipper of such shipments shall pay these fees. (2) Any person, firm, or corporation shipping or arranging transportation of nuclear spent fuel within or through this state shall in advance of such shipments maintain a bond or surety with a bonding or insurance company, satisfactory to the department of safety and authorized to do business in this state, in such form and for such amount as the department of safety may prescribe, to guarantee payment of the fees prescribed by this section. Failure to pay any fees due and owing under this section within the sixty (60) days following shipments of nuclear spent fuel shall authorize the department of safety to proceed against the shipper's bond. (3) The fees collected pursuant to this section shall be deposited into the general fund in a special account entitled the nuclear safety fund. The moneys in this fund shall only be used to fund activities related to the state's nuclear safety enforcement program and shall only be allocated to the department of safety, the department of environment and conservation, and the Tennessee emergency management agency to cover reasonable expenses incurred by each respective agency in implementing and enforcing this section. (d) Any person, firm, or corporation shipping or arranging transportation for the shipment of nuclear spent fuel and subject to this section shall provide an appropriate escort for all such shipments within or through this state. The acceptable training, manpower, and equipment requirements for the provision of this escort service shall be established by department rule. (e) This section applies to all shipments of nuclear spent fuel originating in, destined to or traversing this state. (f) (1) The department of safety is authorized to adopt, promulgate, amend and repeal rules and regulations necessary to implement this section. (2) No rule or regulation, safety or otherwise, adopted, promulgated, amended or repealed by the department of safety under the authority of this section concerning transportation of nuclear materials shall impose a requirement which is more restrictive or inconsistent with that of any existing rule or regulation promulgated or adopted by the United States nuclear regulatory commission or the United States department of transportation. Acts 1979, ch. 424, § 2; T.C.A., § 65-1528; Acts 1989, ch. 319, §§ 1-6; 1991, ch. 391, § 3; 1995, ch. 305, § 30; 2007, ch. 484, § 104.
(a) "Spent nuclear fuel" means as defined in 42 U.S.C. § 10101(12) and (23) and the following: (1) The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations; (2) Other highly radioactive material that is designated by the nuclear regulatory commission by rule for permanent isolation; and (3) Fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.
(1) The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations;
(2) Other highly radioactive material that is designated by the nuclear regulatory commission by rule for permanent isolation; and
(3) Fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.
(b) No person, firm, or corporation shall cause to be shipped or shall arrange for transportation upon the highways or railways of this state any spent nuclear fuel unless such person, firm or corporation notifies the emergency management agency which shall notify the department of safety (hereinafter referred to as the "department") in advance of any transportation of spent nuclear fuel through or within the state. In the case of spent nuclear fuel for which by law the United States nuclear regulatory commission notifies the governor, the governor or the governor's designee shall within twenty-four (24) hours after receipt of such notification, notify the department of the transportation of such materials. The notification of such shipments and all facts and circumstances relevant thereto shall be kept confidential and shall not be disclosed to the public in the interest of national security.
(c) (1) A fee shall be assessed for all nuclear spent fuel shipments at the rate of one thousand dollars ($1,000) per cask for truck shipments, and two thousand dollars ($2,000) per cask for rail shipments received at or departing from any nuclear power station or away from a reactor spent fuel storage facility located in Tennessee. The owner of such facility shall pay this fee. The same fees prescribed by this subsection (c) shall apply to all spent nuclear fuel shipments traversing this state and the shipper of such shipments shall pay these fees. (2) Any person, firm, or corporation shipping or arranging transportation of nuclear spent fuel within or through this state shall in advance of such shipments maintain a bond or surety with a bonding or insurance company, satisfactory to the department of safety and authorized to do business in this state, in such form and for such amount as the department of safety may prescribe, to guarantee payment of the fees prescribed by this section. Failure to pay any fees due and owing under this section within the sixty (60) days following shipments of nuclear spent fuel shall authorize the department of safety to proceed against the shipper's bond. (3) The fees collected pursuant to this section shall be deposited into the general fund in a special account entitled the nuclear safety fund. The moneys in this fund shall only be used to fund activities related to the state's nuclear safety enforcement program and shall only be allocated to the department of safety, the department of environment and conservation, and the Tennessee emergency management agency to cover reasonable expenses incurred by each respective agency in implementing and enforcing this section.
(1) A fee shall be assessed for all nuclear spent fuel shipments at the rate of one thousand dollars ($1,000) per cask for truck shipments, and two thousand dollars ($2,000) per cask for rail shipments received at or departing from any nuclear power station or away from a reactor spent fuel storage facility located in Tennessee. The owner of such facility shall pay this fee. The same fees prescribed by this subsection (c) shall apply to all spent nuclear fuel shipments traversing this state and the shipper of such shipments shall pay these fees.
(2) Any person, firm, or corporation shipping or arranging transportation of nuclear spent fuel within or through this state shall in advance of such shipments maintain a bond or surety with a bonding or insurance company, satisfactory to the department of safety and authorized to do business in this state, in such form and for such amount as the department of safety may prescribe, to guarantee payment of the fees prescribed by this section. Failure to pay any fees due and owing under this section within the sixty (60) days following shipments of nuclear spent fuel shall authorize the department of safety to proceed against the shipper's bond.
(3) The fees collected pursuant to this section shall be deposited into the general fund in a special account entitled the nuclear safety fund. The moneys in this fund shall only be used to fund activities related to the state's nuclear safety enforcement program and shall only be allocated to the department of safety, the department of environment and conservation, and the Tennessee emergency management agency to cover reasonable expenses incurred by each respective agency in implementing and enforcing this section.
(d) Any person, firm, or corporation shipping or arranging transportation for the shipment of nuclear spent fuel and subject to this section shall provide an appropriate escort for all such shipments within or through this state. The acceptable training, manpower, and equipment requirements for the provision of this escort service shall be established by department rule.
(e) This section applies to all shipments of nuclear spent fuel originating in, destined to or traversing this state.
(f) (1) The department of safety is authorized to adopt, promulgate, amend and repeal rules and regulations necessary to implement this section. (2) No rule or regulation, safety or otherwise, adopted, promulgated, amended or repealed by the department of safety under the authority of this section concerning transportation of nuclear materials shall impose a requirement which is more restrictive or inconsistent with that of any existing rule or regulation promulgated or adopted by the United States nuclear regulatory commission or the United States department of transportation.
(1) The department of safety is authorized to adopt, promulgate, amend and repeal rules and regulations necessary to implement this section.
(2) No rule or regulation, safety or otherwise, adopted, promulgated, amended or repealed by the department of safety under the authority of this section concerning transportation of nuclear materials shall impose a requirement which is more restrictive or inconsistent with that of any existing rule or regulation promulgated or adopted by the United States nuclear regulatory commission or the United States department of transportation.
Acts 1979, ch. 424, § 2; T.C.A., § 65-1528; Acts 1989, ch. 319, §§ 1-6; 1991, ch. 391, § 3; 1995, ch. 305, § 30; 2007, ch. 484, § 104.
Tenn. Code Ann. § 65-29-118 — TN Code / Title 65 / Chapter 29 / Section 65-29-118
Dissolution
Status: in_force

(a) A cooperative which has not commenced business may dissolve voluntarily by delivering to the secretary of state articles of dissolution, executed and acknowledged on behalf of the cooperative by a majority of the incorporators, which shall state: (1) The name of the cooperative; (2) The address of its principal office; (3) The date of its incorporation; (4) That the cooperative has not commenced business; (5) That the amount, if any, actually paid in, less any part thereof disbursed for necessary expenses of the cooperative, has been returned to those entitled thereto and that all easements shall have been released to the grantors; (6) That no debt of the cooperative remains unpaid; and (7) That a majority of the incorporators elect that the cooperative be dissolved. Such articles of dissolution shall be submitted to the secretary of state for filing as provided in this chapter. (b) A cooperative which has commenced business may dissolve voluntarily and wind up its affairs in the following manner: (1) (A) The board of directors shall first recommend that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative vote of not less than a majority of all the members of the cooperative; (B) Notwithstanding this section to the contrary, in any cooperative organized under this chapter which provides service in five (5) or more counties, including a county containing and physically divided by a United States government corps of engineers dam and reservoir project of thirty-four thousand (34,000) acres or more, and which serves less than twenty thousand (20,000) subscribers as of April 15, 1986, any election to voluntarily dissolve such cooperative shall be held on voting machines and under the supervision of the election commission. The voting machines for any such election shall remain open for nine (9) full hours from eight o'clock a.m. (8:00 a.m.) until five o'clock p.m. (5:00 p.m.) Any election contest pursuant to this subdivision (b)(1)(B) shall be filed and tried by the criminal court of the county where the election occurs. The board of directors is hereby authorized to contract with any county election commission, or the employees thereof, affected by the terms of this subdivision (b)(1)(B) for the purpose of holding an election pursuant to this subdivision (b)(1)(B). Any election as to whether to voluntarily dissolve any such cooperative shall also be conducted at an annual or special meeting that is held on a Saturday. For any such election to be held on or after September 1, 2000, notice of such meeting shall be published once a week for two (2) successive weeks in a newspaper of general circulation in each county served by the cooperative at least three (3) weeks prior to the meeting at which the election will be conducted. The results of any such election shall be announced as immediately as possible after the voting machines close at five o'clock p.m. (5:00 p.m.); (2) (A) Upon such approval, a certificate of election to dissolve, hereinafter designated the "certificate," shall be executed and acknowledged on behalf of the cooperative by its president or vice president, and its corporate seal shall be fixed thereto and attested by its secretary. The certificate shall state: (i) The name of the cooperative; (ii) The address of its principal office; (iii) The names and addresses of its directors; and (iv) The total number of members of the cooperative and the number of members who voted for and against the voluntary dissolution of the cooperative; (B) The president or vice president executing the certificate shall also make and annex thereto an affidavit stating that there was compliance with this subsection (b). Such certificate and affidavit shall be submitted to the secretary of state for filing as provided in this chapter; (3) Upon the filing of the certificate and affidavit by the secretary of state, the cooperative shall cease to carry on its business except insofar as may be necessary for the winding up thereof, but its corporate existence shall continue until articles of dissolution have been filed by the secretary of state; (4) After the filing of the certificate and affidavit by the secretary of state, the board of directors shall immediately cause notice of the winding up proceedings to be mailed to each known creditor and claimant and to be published once a week for two (2) successive weeks in a newspaper of general circulation in the county in which the principal office of the cooperative is located; (5) The board of directors shall wind up and settle the affairs of the cooperative, collect sums owing to it, liquidate its property and assets, pay and discharge its debts, obligations and liabilities, other than those to patrons arising by reason of their patronage, and do all other things required to wind up its business, and after paying or discharging or adequately providing for the payment or discharge of all its debts, obligations and liabilities, other than those to patrons arising by reason of their patronage, shall distribute any remaining sums, first, to patrons holding unpaid equity certificates, second, to patrons for the pro rata return of all amounts standing to their credit by reason of their patronage, and third, to members for the pro rata repayment of membership fees. Any sums then remaining shall be distributed among its members and former members in proportion to their patronage; (6) (A) When all debts, liabilities and obligations of the cooperative have been paid and discharged or adequate provision shall have been made therefor, and all of the remaining property and assets of the cooperative shall have been distributed to the members pursuant to this section, the board of directors shall authorize the execution of articles of dissolution which shall thereupon be executed and acknowledged on behalf of the cooperative by its president or vice president, and its corporate seal shall be affixed thereto and attested by its secretary. Such articles of dissolution shall recite in the caption that they are executed pursuant to this chapter and shall state: (i) The name of the cooperative; (ii) The address of the principal office of the cooperative; (iii) That the cooperative has heretofore delivered to the secretary of state a certificate of election to dissolve and the date on which the certificate was filed by the secretary of state in the records of the office of the secretary of state; (iv) That all debts, obligations and liabilities of the cooperative have been paid and discharged or that adequate provision has been made for such payment or discharge; (v) That all the remaining property and assets of the cooperative have been distributed among the members in accordance with this section; and (vi) That there are no actions or suits pending against the cooperative; (B) The president or vice president executing the articles of dissolution shall also make and annex thereto an affidavit stating that there has been compliance with this subsection (b). Such articles of dissolution and affidavit, accompanied by proof of the publication required in this subsection (b), shall be submitted to the secretary of state for filing as provided in this chapter. Acts 1961, ch. 330, § 18; T.C.A., § 65-2918; Acts 2000, ch. 575, § 1.
(a) A cooperative which has not commenced business may dissolve voluntarily by delivering to the secretary of state articles of dissolution, executed and acknowledged on behalf of the cooperative by a majority of the incorporators, which shall state: (1) The name of the cooperative; (2) The address of its principal office; (3) The date of its incorporation; (4) That the cooperative has not commenced business; (5) That the amount, if any, actually paid in, less any part thereof disbursed for necessary expenses of the cooperative, has been returned to those entitled thereto and that all easements shall have been released to the grantors; (6) That no debt of the cooperative remains unpaid; and (7) That a majority of the incorporators elect that the cooperative be dissolved. Such articles of dissolution shall be submitted to the secretary of state for filing as provided in this chapter.
(1) The name of the cooperative;
(2) The address of its principal office;
(3) The date of its incorporation;
(4) That the cooperative has not commenced business;
(5) That the amount, if any, actually paid in, less any part thereof disbursed for necessary expenses of the cooperative, has been returned to those entitled thereto and that all easements shall have been released to the grantors;
(6) That no debt of the cooperative remains unpaid; and
(7) That a majority of the incorporators elect that the cooperative be dissolved. Such articles of dissolution shall be submitted to the secretary of state for filing as provided in this chapter.
(b) A cooperative which has commenced business may dissolve voluntarily and wind up its affairs in the following manner: (1) (A) The board of directors shall first recommend that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative vote of not less than a majority of all the members of the cooperative; (B) Notwithstanding this section to the contrary, in any cooperative organized under this chapter which provides service in five (5) or more counties, including a county containing and physically divided by a United States government corps of engineers dam and reservoir project of thirty-four thousand (34,000) acres or more, and which serves less than twenty thousand (20,000) subscribers as of April 15, 1986, any election to voluntarily dissolve such cooperative shall be held on voting machines and under the supervision of the election commission. The voting machines for any such election shall remain open for nine (9) full hours from eight o'clock a.m. (8:00 a.m.) until five o'clock p.m. (5:00 p.m.) Any election contest pursuant to this subdivision (b)(1)(B) shall be filed and tried by the criminal court of the county where the election occurs. The board of directors is hereby authorized to contract with any county election commission, or the employees thereof, affected by the terms of this subdivision (b)(1)(B) for the purpose of holding an election pursuant to this subdivision (b)(1)(B). Any election as to whether to voluntarily dissolve any such cooperative shall also be conducted at an annual or special meeting that is held on a Saturday. For any such election to be held on or after September 1, 2000, notice of such meeting shall be published once a week for two (2) successive weeks in a newspaper of general circulation in each county served by the cooperative at least three (3) weeks prior to the meeting at which the election will be conducted. The results of any such election shall be announced as immediately as possible after the voting machines close at five o'clock p.m. (5:00 p.m.); (2) (A) Upon such approval, a certificate of election to dissolve, hereinafter designated the "certificate," shall be executed and acknowledged on behalf of the cooperative by its president or vice president, and its corporate seal shall be fixed thereto and attested by its secretary. The certificate shall state: (i) The name of the cooperative; (ii) The address of its principal office; (iii) The names and addresses of its directors; and (iv) The total number of members of the cooperative and the number of members who voted for and against the voluntary dissolution of the cooperative; (B) The president or vice president executing the certificate shall also make and annex thereto an affidavit stating that there was compliance with this subsection (b). Such certificate and affidavit shall be submitted to the secretary of state for filing as provided in this chapter; (3) Upon the filing of the certificate and affidavit by the secretary of state, the cooperative shall cease to carry on its business except insofar as may be necessary for the winding up thereof, but its corporate existence shall continue until articles of dissolution have been filed by the secretary of state; (4) After the filing of the certificate and affidavit by the secretary of state, the board of directors shall immediately cause notice of the winding up proceedings to be mailed to each known creditor and claimant and to be published once a week for two (2) successive weeks in a newspaper of general circulation in the county in which the principal office of the cooperative is located; (5) The board of directors shall wind up and settle the affairs of the cooperative, collect sums owing to it, liquidate its property and assets, pay and discharge its debts, obligations and liabilities, other than those to patrons arising by reason of their patronage, and do all other things required to wind up its business, and after paying or discharging or adequately providing for the payment or discharge of all its debts, obligations and liabilities, other than those to patrons arising by reason of their patronage, shall distribute any remaining sums, first, to patrons holding unpaid equity certificates, second, to patrons for the pro rata return of all amounts standing to their credit by reason of their patronage, and third, to members for the pro rata repayment of membership fees. Any sums then remaining shall be distributed among its members and former members in proportion to their patronage; (6) (A) When all debts, liabilities and obligations of the cooperative have been paid and discharged or adequate provision shall have been made therefor, and all of the remaining property and assets of the cooperative shall have been distributed to the members pursuant to this section, the board of directors shall authorize the execution of articles of dissolution which shall thereupon be executed and acknowledged on behalf of the cooperative by its president or vice president, and its corporate seal shall be affixed thereto and attested by its secretary. Such articles of dissolution shall recite in the caption that they are executed pursuant to this chapter and shall state: (i) The name of the cooperative; (ii) The address of the principal office of the cooperative; (iii) That the cooperative has heretofore delivered to the secretary of state a certificate of election to dissolve and the date on which the certificate was filed by the secretary of state in the records of the office of the secretary of state; (iv) That all debts, obligations and liabilities of the cooperative have been paid and discharged or that adequate provision has been made for such payment or discharge; (v) That all the remaining property and assets of the cooperative have been distributed among the members in accordance with this section; and (vi) That there are no actions or suits pending against the cooperative; (B) The president or vice president executing the articles of dissolution shall also make and annex thereto an affidavit stating that there has been compliance with this subsection (b). Such articles of dissolution and affidavit, accompanied by proof of the publication required in this subsection (b), shall be submitted to the secretary of state for filing as provided in this chapter.
(1) (A) The board of directors shall first recommend that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative vote of not less than a majority of all the members of the cooperative; (B) Notwithstanding this section to the contrary, in any cooperative organized under this chapter which provides service in five (5) or more counties, including a county containing and physically divided by a United States government corps of engineers dam and reservoir project of thirty-four thousand (34,000) acres or more, and which serves less than twenty thousand (20,000) subscribers as of April 15, 1986, any election to voluntarily dissolve such cooperative shall be held on voting machines and under the supervision of the election commission. The voting machines for any such election shall remain open for nine (9) full hours from eight o'clock a.m. (8:00 a.m.) until five o'clock p.m. (5:00 p.m.) Any election contest pursuant to this subdivision (b)(1)(B) shall be filed and tried by the criminal court of the county where the election occurs. The board of directors is hereby authorized to contract with any county election commission, or the employees thereof, affected by the terms of this subdivision (b)(1)(B) for the purpose of holding an election pursuant to this subdivision (b)(1)(B). Any election as to whether to voluntarily dissolve any such cooperative shall also be conducted at an annual or special meeting that is held on a Saturday. For any such election to be held on or after September 1, 2000, notice of such meeting shall be published once a week for two (2) successive weeks in a newspaper of general circulation in each county served by the cooperative at least three (3) weeks prior to the meeting at which the election will be conducted. The results of any such election shall be announced as immediately as possible after the voting machines close at five o'clock p.m. (5:00 p.m.);
(A) The board of directors shall first recommend that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative vote of not less than a majority of all the members of the cooperative;
(B) Notwithstanding this section to the contrary, in any cooperative organized under this chapter which provides service in five (5) or more counties, including a county containing and physically divided by a United States government corps of engineers dam and reservoir project of thirty-four thousand (34,000) acres or more, and which serves less than twenty thousand (20,000) subscribers as of April 15, 1986, any election to voluntarily dissolve such cooperative shall be held on voting machines and under the supervision of the election commission. The voting machines for any such election shall remain open for nine (9) full hours from eight o'clock a.m. (8:00 a.m.) until five o'clock p.m. (5:00 p.m.) Any election contest pursuant to this subdivision (b)(1)(B) shall be filed and tried by the criminal court of the county where the election occurs. The board of directors is hereby authorized to contract with any county election commission, or the employees thereof, affected by the terms of this subdivision (b)(1)(B) for the purpose of holding an election pursuant to this subdivision (b)(1)(B). Any election as to whether to voluntarily dissolve any such cooperative shall also be conducted at an annual or special meeting that is held on a Saturday. For any such election to be held on or after September 1, 2000, notice of such meeting shall be published once a week for two (2) successive weeks in a newspaper of general circulation in each county served by the cooperative at least three (3) weeks prior to the meeting at which the election will be conducted. The results of any such election shall be announced as immediately as possible after the voting machines close at five o'clock p.m. (5:00 p.m.);
(2) (A) Upon such approval, a certificate of election to dissolve, hereinafter designated the "certificate," shall be executed and acknowledged on behalf of the cooperative by its president or vice president, and its corporate seal shall be fixed thereto and attested by its secretary. The certificate shall state: (i) The name of the cooperative; (ii) The address of its principal office; (iii) The names and addresses of its directors; and (iv) The total number of members of the cooperative and the number of members who voted for and against the voluntary dissolution of the cooperative; (B) The president or vice president executing the certificate shall also make and annex thereto an affidavit stating that there was compliance with this subsection (b). Such certificate and affidavit shall be submitted to the secretary of state for filing as provided in this chapter;
(A) Upon such approval, a certificate of election to dissolve, hereinafter designated the "certificate," shall be executed and acknowledged on behalf of the cooperative by its president or vice president, and its corporate seal shall be fixed thereto and attested by its secretary. The certificate shall state: (i) The name of the cooperative; (ii) The address of its principal office; (iii) The names and addresses of its directors; and (iv) The total number of members of the cooperative and the number of members who voted for and against the voluntary dissolution of the cooperative;
(i) The name of the cooperative;
(ii) The address of its principal office;
(iii) The names and addresses of its directors; and
(iv) The total number of members of the cooperative and the number of members who voted for and against the voluntary dissolution of the cooperative;
(B) The president or vice president executing the certificate shall also make and annex thereto an affidavit stating that there was compliance with this subsection (b). Such certificate and affidavit shall be submitted to the secretary of state for filing as provided in this chapter;
(3) Upon the filing of the certificate and affidavit by the secretary of state, the cooperative shall cease to carry on its business except insofar as may be necessary for the winding up thereof, but its corporate existence shall continue until articles of dissolution have been filed by the secretary of state;
(4) After the filing of the certificate and affidavit by the secretary of state, the board of directors shall immediately cause notice of the winding up proceedings to be mailed to each known creditor and claimant and to be published once a week for two (2) successive weeks in a newspaper of general circulation in the county in which the principal office of the cooperative is located;
(5) The board of directors shall wind up and settle the affairs of the cooperative, collect sums owing to it, liquidate its property and assets, pay and discharge its debts, obligations and liabilities, other than those to patrons arising by reason of their patronage, and do all other things required to wind up its business, and after paying or discharging or adequately providing for the payment or discharge of all its debts, obligations and liabilities, other than those to patrons arising by reason of their patronage, shall distribute any remaining sums, first, to patrons holding unpaid equity certificates, second, to patrons for the pro rata return of all amounts standing to their credit by reason of their patronage, and third, to members for the pro rata repayment of membership fees. Any sums then remaining shall be distributed among its members and former members in proportion to their patronage;
(6) (A) When all debts, liabilities and obligations of the cooperative have been paid and discharged or adequate provision shall have been made therefor, and all of the remaining property and assets of the cooperative shall have been distributed to the members pursuant to this section, the board of directors shall authorize the execution of articles of dissolution which shall thereupon be executed and acknowledged on behalf of the cooperative by its president or vice president, and its corporate seal shall be affixed thereto and attested by its secretary. Such articles of dissolution shall recite in the caption that they are executed pursuant to this chapter and shall state: (i) The name of the cooperative; (ii) The address of the principal office of the cooperative; (iii) That the cooperative has heretofore delivered to the secretary of state a certificate of election to dissolve and the date on which the certificate was filed by the secretary of state in the records of the office of the secretary of state; (iv) That all debts, obligations and liabilities of the cooperative have been paid and discharged or that adequate provision has been made for such payment or discharge; (v) That all the remaining property and assets of the cooperative have been distributed among the members in accordance with this section; and (vi) That there are no actions or suits pending against the cooperative; (B) The president or vice president executing the articles of dissolution shall also make and annex thereto an affidavit stating that there has been compliance with this subsection (b). Such articles of dissolution and affidavit, accompanied by proof of the publication required in this subsection (b), shall be submitted to the secretary of state for filing as provided in this chapter.
(A) When all debts, liabilities and obligations of the cooperative have been paid and discharged or adequate provision shall have been made therefor, and all of the remaining property and assets of the cooperative shall have been distributed to the members pursuant to this section, the board of directors shall authorize the execution of articles of dissolution which shall thereupon be executed and acknowledged on behalf of the cooperative by its president or vice president, and its corporate seal shall be affixed thereto and attested by its secretary. Such articles of dissolution shall recite in the caption that they are executed pursuant to this chapter and shall state: (i) The name of the cooperative; (ii) The address of the principal office of the cooperative; (iii) That the cooperative has heretofore delivered to the secretary of state a certificate of election to dissolve and the date on which the certificate was filed by the secretary of state in the records of the office of the secretary of state; (iv) That all debts, obligations and liabilities of the cooperative have been paid and discharged or that adequate provision has been made for such payment or discharge; (v) That all the remaining property and assets of the cooperative have been distributed among the members in accordance with this section; and (vi) That there are no actions or suits pending against the cooperative;
(i) The name of the cooperative;
(ii) The address of the principal office of the cooperative;
(iii) That the cooperative has heretofore delivered to the secretary of state a certificate of election to dissolve and the date on which the certificate was filed by the secretary of state in the records of the office of the secretary of state;
(iv) That all debts, obligations and liabilities of the cooperative have been paid and discharged or that adequate provision has been made for such payment or discharge;
(v) That all the remaining property and assets of the cooperative have been distributed among the members in accordance with this section; and
(vi) That there are no actions or suits pending against the cooperative;
(B) The president or vice president executing the articles of dissolution shall also make and annex thereto an affidavit stating that there has been compliance with this subsection (b). Such articles of dissolution and affidavit, accompanied by proof of the publication required in this subsection (b), shall be submitted to the secretary of state for filing as provided in this chapter.
Acts 1961, ch. 330, § 18; T.C.A., § 65-2918; Acts 2000, ch. 575, § 1.
Tenn. Code Ann. § 65-4-109 — TN Code / Title 65 / Chapter 4 / Section 65-4-109
Issuance of stocks or other evidences of indebtedness
Status: in_force

No public utility shall issue any stocks, stock certificates, bonds, debentures, or other evidences of indebtedness payable in more than one (1) year from the date thereof, until it shall have first obtained authority from the commission for such proposed issue. It shall be the duty of the commission after hearing to approve any such proposed issue maturing more than one (1) year from the date thereof upon being satisfied that the proposed issue, sale and delivery is to be made in accordance with law and the purpose of such be approved by the commission. Acts 1919, ch. 49, § 6; Shan. Supp., § 3059a89; Code 1932, § 5452; T.C.A. (orig. ed.), § 65-409; Acts 1995, ch. 305, § 20.
No public utility shall issue any stocks, stock certificates, bonds, debentures, or other evidences of indebtedness payable in more than one (1) year from the date thereof, until it shall have first obtained authority from the commission for such proposed issue. It shall be the duty of the commission after hearing to approve any such proposed issue maturing more than one (1) year from the date thereof upon being satisfied that the proposed issue, sale and delivery is to be made in accordance with law and the purpose of such be approved by the commission.
Acts 1919, ch. 49, § 6; Shan. Supp., § 3059a89; Code 1932, § 5452; T.C.A. (orig. ed.), § 65-409; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-1-112 — TN Code / Title 65 / Chapter 1 / Section 65-1-112
Copies of records
Status: in_force

For a copy of any record on file in its office, the Tennessee public utility commission shall charge and receive the same fees that are charged by the secretary of state for similar services, and shall convey into the state treasury any amount so received. Acts 1995, ch. 305, § 5; T.C.A. § 65-1-212.
For a copy of any record on file in its office, the Tennessee public utility commission shall charge and receive the same fees that are charged by the secretary of state for similar services, and shall convey into the state treasury any amount so received.
Acts 1995, ch. 305, § 5; T.C.A. § 65-1-212.
Tenn. Code Ann. § 65-25-113 — TN Code / Title 65 / Chapter 25 / Section 65-25-113
Sale or lease-sale of assets and property
Status: in_force

(a) Except as provided in subdivision (a)(4), a cooperative having a primary purpose may sell or lease-sell all or any substantial portion of its assets and properties that are devoted to and used or useful in pursuance of such a purpose only if it does so in accordance with subdivisions (a)(1), (2) and (3): (1) (A) Such sale or lease-sale shall be authorized at a meeting of its members by the affirmative votes of as many as but not fewer than: (i) A majority of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than four hundred percent (400%) of the cooperative's net worth; (ii) Fifty-five percent (55%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than three hundred fifty percent (350%) of the cooperative's net worth; (iii) Sixty percent (60%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than three hundred percent (300%) of the cooperative's net worth; (iv) Sixty-five percent (65%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than two hundred fifty percent (250%) of the cooperative's net worth; (v) Seventy percent (70%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than two hundred percent (200%) of the cooperative's net worth; (vi) Seventy-five percent (75%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than one hundred fifty percent (150%) of the cooperative's net worth; or (vii) Eighty percent (80%) of its total members, if the purchase price or other consideration shall be less than sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, an amount equal to one hundred fifty percent (150%) of the cooperative's net worth; (B) If a sale or lease-sale is of a substantial portion but less than all of the cooperative's such assets and properties, then the net worth shall be that amount that is determined by the ratio of the book value of such assets and properties to the book value of all of the cooperative's such assets and properties; and liabilities to be discharged or to be provided for discharge shall be that amount determined in the same manner, plus such additional amount, if any, required for such discharge or provision for such discharge by any holder of a lien on such assets and properties; provided, that if the cooperative is also engaged in business in pursuance of one (1) or more secondary purposes, the net worth and liabilities referred to in this subsection (a) shall be those related to the cooperative's assets and properties devoted to and used or useful in pursuance of a primary purpose, as separately accounted for in accordance with § 65-25-104(d)(1) ; (2) A proposal for such a sale or lease-sale shall, except as provided in subdivision (a)(2)(D), first be recommended and submitted to the members by the board, but only after the board's compliance with the following requirements: (A) It shall first appoint three (3) persons, each of whom is independent of the cooperative and of the other two (2) and each being expert in electric utility property evaluations, and commission them, separately, to study, appraise and evaluate such assets and properties, including their going concern value and the values associated with the right of the members to participate in the ownership and control of the cooperative. Such appraisers shall be instructed to and shall take into account any other factors they may deem relevant in determining the present market value of such assets and properties. Within not more than sixty (60) days after their appointment and commission, each appraiser shall render their highest determination of such present value. The board shall not recommend and submit any proposal that, within one (1) year theretofore or within one (1) year thereafter, it shall have received to purchase or lease-purchase such assets and properties, or, within one (1) year thereafter, make any offer to sell or lease-sell such assets and properties, for a consideration that is less than the highest such determination rendered by the appraisers; nor shall it, following the expiration of one (1) year thereafter, make such a recommendation or offer without, again, first complying with the foregoing requirements; (B) If, after receiving such appraisals, the board resolves to pursue the matter further, it shall, within not more than sixty (60) days next following such resolution, transmit the appraisals, together with any underlying data and information that may have accompanied them, to every other cooperative that is engaged in business for the primary purpose and invite them to submit competing or alternative proposals, including proposals to merge or consolidate with the cooperative. Such appraisals shall also be accompanied by any proposal for such a sale or lease-sale received by the cooperative within one (1) year prior to the receipt of the last appraisal or received subsequent thereto but prior to the adoption of such resolution; provided, that only the most recent proposal from a person that has made two (2) or more proposals need be so transmitted. Such other cooperatives shall be given at least sixty (60) days within which to submit competing or alternative proposals, and they shall be notified in such transmittal of the actual final date for such submissions; (C) If, after such date, the board so resolves, it shall recommend and submit to the members a proposal for such a sale or lease-sale or a proposal to merge or consolidate the cooperative with one (1) or more other cooperatives having the primary purpose, accompanying the proposal with verbatim copies of all competing or alternative proposals it has received, together with all of the appraisals and any underlying data and information that may have accompanied such appraisals. Such transmittals shall also be accompanied by a notice of a meeting of the members to consider and act upon the recommended proposal, which meeting may be a special or the regular annual meeting of the members; and (D) Any three hundred (300) or more members of the cooperative may, over their respective signatures and within not less than forty-five (45) days prior to the date of such member meeting, petition the cooperative to mail to all of the cooperative's members any statement of opposition to the board's recommendation and/or their own recommendation that a competing or alternative proposal, including a proposition to merge or consolidate the cooperative with one (1) or more other cooperatives, or to dissolve it as an incident of their proposal for a sale or lease-sale, be accepted and approved by the members at such meeting, in which event the board shall cause a printed copy of the petition, including the printing of the names of the member signatories thereof, together with a printed copy of the statement, to be transmitted to all of the cooperative's members via the United States mail not less than thirty (30) days prior to such member meeting, with the cost of such printing and mailing to be borne by the cooperative. If so mailed, such petition and statement shall constitute sufficient notice of any such recommended competing or alternative proposal for the same to be considered and acted upon at such meeting, but not until if and after the proposal recommended by the board shall have first been considered and rejected by vote of the members; (3) If the bylaws provide for voting on such proposals by proxy or by mail balloting, neither proxy forms nor printed ballots with respect to such member meeting shall be mailed or otherwise be made available to, or be capable of being validly executed or voted by, the members sooner than twenty (20) days prior to the date of such meeting, and the bylaws shall contain appropriate provisions assuring that: (A) If the same is not executed sooner than twenty (20) days prior to the date of such meeting, any otherwise legally sufficient proxy shall be honored by the cooperative, notwithstanding that the board may have prescribed and mailed or otherwise made available the form and content for proxies; and (B) Only official mail ballots which as to form and content shall have been prescribed by the board shall be allowed, but such ballots shall, clearly and fairly, identify the proposal being recommended by the board and separately, if such be the case, any competing or alternative proposal being recommended by any member-filed petition, and will contain on the front or back thereof clear and accurate instructions as to how the ballots may validly be voted. (b) Compliance with the requirements of subdivisions (a)(1) and (2) shall not be required if the sale or lease-sale is to be to or with one (1) or more other cooperatives which have the primary purpose and the effect thereof will be essentially the same as if a merger or consolidation were being consummated with such one (1) or more other cooperatives. In such case, the proposal and plan therefor shall be first approved by the cooperative's board and recommended and submitted by the board to the members for their consideration and action at a special member meeting called by the board for that purpose or at the next annual member meeting, the notice of which shall contain or be accompanied by a copy of such proposal and plan; and such a sale or lease-sale shall be approved and authorized if it receives the affirmative votes of a majority of the members of the cooperative; provided, that a proposal and plan for such a sale or lease-sale need not be first approved and recommended by the board if so recommended by three hundred (300) or more members and noticed to all of the members, all as provided for in subdivision (a)(2)(D), in which event the provisions of subdivision (a)(3) shall also be applicable. (c) A proposal for the sale or lease-sale by a cooperative having the primary purpose and one (1) or more secondary purposes of all or a substantial portion of its assets and properties devoted to and used or useful in the pursuance of one (1) or more such secondary purposes may be approved, authorized and consummated by action of its board only, unless the bylaws require the approval by the members. If the cooperative has secondary purposes only, such proposal shall be first approved by the cooperative's board and recommended and submitted to the members for their consideration and action at a special member meeting called for that purpose or at the next annual member meeting, the notice of which shall contain or be accompanied by a copy of the proposal. Such proposal shall be approved and authorized if it receives the affirmative votes of as many as but not fewer than two-thirds (2/3) of the members of the cooperative voting thereon. (d) Notwithstanding any other provision of this section: (1) A substantial portion of a cooperative's assets and properties may be sold solely upon approval and authorization of the board if such sale is in the nature of a forced sale for the reason that the purchaser possesses and otherwise would exercise the legal right to acquire, damage, relocate or destroy the same by condemnation or otherwise without the cooperative's consent; (2) The board may sell or otherwise dispose of property no longer used or useful in conducting the business of the cooperative; and (3) No offer to purchase or lease-purchase and no offer to sell or lease-sell all or a substantial portion of a cooperative's assets and properties shall be valid or, if made and accepted, enforceable unless the total consideration to be paid or otherwise furnished therefor, to the extent that the same is in excess of the amounts necessary to discharge or to provide for the discharge of the cooperative's liabilities, or is in excess of that portion of such discharge or provision for discharge that may be a necessary precedent to or incident of a sale or lease-sale of a substantial portion but less than all of such assets and properties, shall be distributed to, or if such be the case allocated and assigned to, the patrons or former patrons of the cooperative in the manner provided for in its articles or bylaws or applicable law. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-213 .
(a) Except as provided in subdivision (a)(4), a cooperative having a primary purpose may sell or lease-sell all or any substantial portion of its assets and properties that are devoted to and used or useful in pursuance of such a purpose only if it does so in accordance with subdivisions (a)(1), (2) and (3): (1) (A) Such sale or lease-sale shall be authorized at a meeting of its members by the affirmative votes of as many as but not fewer than: (i) A majority of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than four hundred percent (400%) of the cooperative's net worth; (ii) Fifty-five percent (55%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than three hundred fifty percent (350%) of the cooperative's net worth; (iii) Sixty percent (60%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than three hundred percent (300%) of the cooperative's net worth; (iv) Sixty-five percent (65%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than two hundred fifty percent (250%) of the cooperative's net worth; (v) Seventy percent (70%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than two hundred percent (200%) of the cooperative's net worth; (vi) Seventy-five percent (75%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than one hundred fifty percent (150%) of the cooperative's net worth; or (vii) Eighty percent (80%) of its total members, if the purchase price or other consideration shall be less than sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, an amount equal to one hundred fifty percent (150%) of the cooperative's net worth; (B) If a sale or lease-sale is of a substantial portion but less than all of the cooperative's such assets and properties, then the net worth shall be that amount that is determined by the ratio of the book value of such assets and properties to the book value of all of the cooperative's such assets and properties; and liabilities to be discharged or to be provided for discharge shall be that amount determined in the same manner, plus such additional amount, if any, required for such discharge or provision for such discharge by any holder of a lien on such assets and properties; provided, that if the cooperative is also engaged in business in pursuance of one (1) or more secondary purposes, the net worth and liabilities referred to in this subsection (a) shall be those related to the cooperative's assets and properties devoted to and used or useful in pursuance of a primary purpose, as separately accounted for in accordance with § 65-25-104(d)(1) ; (2) A proposal for such a sale or lease-sale shall, except as provided in subdivision (a)(2)(D), first be recommended and submitted to the members by the board, but only after the board's compliance with the following requirements: (A) It shall first appoint three (3) persons, each of whom is independent of the cooperative and of the other two (2) and each being expert in electric utility property evaluations, and commission them, separately, to study, appraise and evaluate such assets and properties, including their going concern value and the values associated with the right of the members to participate in the ownership and control of the cooperative. Such appraisers shall be instructed to and shall take into account any other factors they may deem relevant in determining the present market value of such assets and properties. Within not more than sixty (60) days after their appointment and commission, each appraiser shall render their highest determination of such present value. The board shall not recommend and submit any proposal that, within one (1) year theretofore or within one (1) year thereafter, it shall have received to purchase or lease-purchase such assets and properties, or, within one (1) year thereafter, make any offer to sell or lease-sell such assets and properties, for a consideration that is less than the highest such determination rendered by the appraisers; nor shall it, following the expiration of one (1) year thereafter, make such a recommendation or offer without, again, first complying with the foregoing requirements; (B) If, after receiving such appraisals, the board resolves to pursue the matter further, it shall, within not more than sixty (60) days next following such resolution, transmit the appraisals, together with any underlying data and information that may have accompanied them, to every other cooperative that is engaged in business for the primary purpose and invite them to submit competing or alternative proposals, including proposals to merge or consolidate with the cooperative. Such appraisals shall also be accompanied by any proposal for such a sale or lease-sale received by the cooperative within one (1) year prior to the receipt of the last appraisal or received subsequent thereto but prior to the adoption of such resolution; provided, that only the most recent proposal from a person that has made two (2) or more proposals need be so transmitted. Such other cooperatives shall be given at least sixty (60) days within which to submit competing or alternative proposals, and they shall be notified in such transmittal of the actual final date for such submissions; (C) If, after such date, the board so resolves, it shall recommend and submit to the members a proposal for such a sale or lease-sale or a proposal to merge or consolidate the cooperative with one (1) or more other cooperatives having the primary purpose, accompanying the proposal with verbatim copies of all competing or alternative proposals it has received, together with all of the appraisals and any underlying data and information that may have accompanied such appraisals. Such transmittals shall also be accompanied by a notice of a meeting of the members to consider and act upon the recommended proposal, which meeting may be a special or the regular annual meeting of the members; and (D) Any three hundred (300) or more members of the cooperative may, over their respective signatures and within not less than forty-five (45) days prior to the date of such member meeting, petition the cooperative to mail to all of the cooperative's members any statement of opposition to the board's recommendation and/or their own recommendation that a competing or alternative proposal, including a proposition to merge or consolidate the cooperative with one (1) or more other cooperatives, or to dissolve it as an incident of their proposal for a sale or lease-sale, be accepted and approved by the members at such meeting, in which event the board shall cause a printed copy of the petition, including the printing of the names of the member signatories thereof, together with a printed copy of the statement, to be transmitted to all of the cooperative's members via the United States mail not less than thirty (30) days prior to such member meeting, with the cost of such printing and mailing to be borne by the cooperative. If so mailed, such petition and statement shall constitute sufficient notice of any such recommended competing or alternative proposal for the same to be considered and acted upon at such meeting, but not until if and after the proposal recommended by the board shall have first been considered and rejected by vote of the members; (3) If the bylaws provide for voting on such proposals by proxy or by mail balloting, neither proxy forms nor printed ballots with respect to such member meeting shall be mailed or otherwise be made available to, or be capable of being validly executed or voted by, the members sooner than twenty (20) days prior to the date of such meeting, and the bylaws shall contain appropriate provisions assuring that: (A) If the same is not executed sooner than twenty (20) days prior to the date of such meeting, any otherwise legally sufficient proxy shall be honored by the cooperative, notwithstanding that the board may have prescribed and mailed or otherwise made available the form and content for proxies; and (B) Only official mail ballots which as to form and content shall have been prescribed by the board shall be allowed, but such ballots shall, clearly and fairly, identify the proposal being recommended by the board and separately, if such be the case, any competing or alternative proposal being recommended by any member-filed petition, and will contain on the front or back thereof clear and accurate instructions as to how the ballots may validly be voted.
(1) (A) Such sale or lease-sale shall be authorized at a meeting of its members by the affirmative votes of as many as but not fewer than: (i) A majority of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than four hundred percent (400%) of the cooperative's net worth; (ii) Fifty-five percent (55%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than three hundred fifty percent (350%) of the cooperative's net worth; (iii) Sixty percent (60%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than three hundred percent (300%) of the cooperative's net worth; (iv) Sixty-five percent (65%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than two hundred fifty percent (250%) of the cooperative's net worth; (v) Seventy percent (70%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than two hundred percent (200%) of the cooperative's net worth; (vi) Seventy-five percent (75%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than one hundred fifty percent (150%) of the cooperative's net worth; or (vii) Eighty percent (80%) of its total members, if the purchase price or other consideration shall be less than sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, an amount equal to one hundred fifty percent (150%) of the cooperative's net worth; (B) If a sale or lease-sale is of a substantial portion but less than all of the cooperative's such assets and properties, then the net worth shall be that amount that is determined by the ratio of the book value of such assets and properties to the book value of all of the cooperative's such assets and properties; and liabilities to be discharged or to be provided for discharge shall be that amount determined in the same manner, plus such additional amount, if any, required for such discharge or provision for such discharge by any holder of a lien on such assets and properties; provided, that if the cooperative is also engaged in business in pursuance of one (1) or more secondary purposes, the net worth and liabilities referred to in this subsection (a) shall be those related to the cooperative's assets and properties devoted to and used or useful in pursuance of a primary purpose, as separately accounted for in accordance with § 65-25-104(d)(1) ;
(A) Such sale or lease-sale shall be authorized at a meeting of its members by the affirmative votes of as many as but not fewer than: (i) A majority of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than four hundred percent (400%) of the cooperative's net worth; (ii) Fifty-five percent (55%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than three hundred fifty percent (350%) of the cooperative's net worth; (iii) Sixty percent (60%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than three hundred percent (300%) of the cooperative's net worth; (iv) Sixty-five percent (65%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than two hundred fifty percent (250%) of the cooperative's net worth; (v) Seventy percent (70%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than two hundred percent (200%) of the cooperative's net worth; (vi) Seventy-five percent (75%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than one hundred fifty percent (150%) of the cooperative's net worth; or (vii) Eighty percent (80%) of its total members, if the purchase price or other consideration shall be less than sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, an amount equal to one hundred fifty percent (150%) of the cooperative's net worth;
(i) A majority of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than four hundred percent (400%) of the cooperative's net worth;
(ii) Fifty-five percent (55%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than three hundred fifty percent (350%) of the cooperative's net worth;
(iii) Sixty percent (60%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than three hundred percent (300%) of the cooperative's net worth;
(iv) Sixty-five percent (65%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than two hundred fifty percent (250%) of the cooperative's net worth;
(v) Seventy percent (70%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than two hundred percent (200%) of the cooperative's net worth;
(vi) Seventy-five percent (75%) of its total members, if the purchase price or other consideration shall be sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, be equal to or greater than one hundred fifty percent (150%) of the cooperative's net worth; or
(vii) Eighty percent (80%) of its total members, if the purchase price or other consideration shall be less than sufficient to discharge or provide for the discharge of all of the cooperative's liabilities and, additionally, an amount equal to one hundred fifty percent (150%) of the cooperative's net worth;
(B) If a sale or lease-sale is of a substantial portion but less than all of the cooperative's such assets and properties, then the net worth shall be that amount that is determined by the ratio of the book value of such assets and properties to the book value of all of the cooperative's such assets and properties; and liabilities to be discharged or to be provided for discharge shall be that amount determined in the same manner, plus such additional amount, if any, required for such discharge or provision for such discharge by any holder of a lien on such assets and properties; provided, that if the cooperative is also engaged in business in pursuance of one (1) or more secondary purposes, the net worth and liabilities referred to in this subsection (a) shall be those related to the cooperative's assets and properties devoted to and used or useful in pursuance of a primary purpose, as separately accounted for in accordance with § 65-25-104(d)(1) ;
(2) A proposal for such a sale or lease-sale shall, except as provided in subdivision (a)(2)(D), first be recommended and submitted to the members by the board, but only after the board's compliance with the following requirements: (A) It shall first appoint three (3) persons, each of whom is independent of the cooperative and of the other two (2) and each being expert in electric utility property evaluations, and commission them, separately, to study, appraise and evaluate such assets and properties, including their going concern value and the values associated with the right of the members to participate in the ownership and control of the cooperative. Such appraisers shall be instructed to and shall take into account any other factors they may deem relevant in determining the present market value of such assets and properties. Within not more than sixty (60) days after their appointment and commission, each appraiser shall render their highest determination of such present value. The board shall not recommend and submit any proposal that, within one (1) year theretofore or within one (1) year thereafter, it shall have received to purchase or lease-purchase such assets and properties, or, within one (1) year thereafter, make any offer to sell or lease-sell such assets and properties, for a consideration that is less than the highest such determination rendered by the appraisers; nor shall it, following the expiration of one (1) year thereafter, make such a recommendation or offer without, again, first complying with the foregoing requirements; (B) If, after receiving such appraisals, the board resolves to pursue the matter further, it shall, within not more than sixty (60) days next following such resolution, transmit the appraisals, together with any underlying data and information that may have accompanied them, to every other cooperative that is engaged in business for the primary purpose and invite them to submit competing or alternative proposals, including proposals to merge or consolidate with the cooperative. Such appraisals shall also be accompanied by any proposal for such a sale or lease-sale received by the cooperative within one (1) year prior to the receipt of the last appraisal or received subsequent thereto but prior to the adoption of such resolution; provided, that only the most recent proposal from a person that has made two (2) or more proposals need be so transmitted. Such other cooperatives shall be given at least sixty (60) days within which to submit competing or alternative proposals, and they shall be notified in such transmittal of the actual final date for such submissions; (C) If, after such date, the board so resolves, it shall recommend and submit to the members a proposal for such a sale or lease-sale or a proposal to merge or consolidate the cooperative with one (1) or more other cooperatives having the primary purpose, accompanying the proposal with verbatim copies of all competing or alternative proposals it has received, together with all of the appraisals and any underlying data and information that may have accompanied such appraisals. Such transmittals shall also be accompanied by a notice of a meeting of the members to consider and act upon the recommended proposal, which meeting may be a special or the regular annual meeting of the members; and (D) Any three hundred (300) or more members of the cooperative may, over their respective signatures and within not less than forty-five (45) days prior to the date of such member meeting, petition the cooperative to mail to all of the cooperative's members any statement of opposition to the board's recommendation and/or their own recommendation that a competing or alternative proposal, including a proposition to merge or consolidate the cooperative with one (1) or more other cooperatives, or to dissolve it as an incident of their proposal for a sale or lease-sale, be accepted and approved by the members at such meeting, in which event the board shall cause a printed copy of the petition, including the printing of the names of the member signatories thereof, together with a printed copy of the statement, to be transmitted to all of the cooperative's members via the United States mail not less than thirty (30) days prior to such member meeting, with the cost of such printing and mailing to be borne by the cooperative. If so mailed, such petition and statement shall constitute sufficient notice of any such recommended competing or alternative proposal for the same to be considered and acted upon at such meeting, but not until if and after the proposal recommended by the board shall have first been considered and rejected by vote of the members;
(A) It shall first appoint three (3) persons, each of whom is independent of the cooperative and of the other two (2) and each being expert in electric utility property evaluations, and commission them, separately, to study, appraise and evaluate such assets and properties, including their going concern value and the values associated with the right of the members to participate in the ownership and control of the cooperative. Such appraisers shall be instructed to and shall take into account any other factors they may deem relevant in determining the present market value of such assets and properties. Within not more than sixty (60) days after their appointment and commission, each appraiser shall render their highest determination of such present value. The board shall not recommend and submit any proposal that, within one (1) year theretofore or within one (1) year thereafter, it shall have received to purchase or lease-purchase such assets and properties, or, within one (1) year thereafter, make any offer to sell or lease-sell such assets and properties, for a consideration that is less than the highest such determination rendered by the appraisers; nor shall it, following the expiration of one (1) year thereafter, make such a recommendation or offer without, again, first complying with the foregoing requirements;
(B) If, after receiving such appraisals, the board resolves to pursue the matter further, it shall, within not more than sixty (60) days next following such resolution, transmit the appraisals, together with any underlying data and information that may have accompanied them, to every other cooperative that is engaged in business for the primary purpose and invite them to submit competing or alternative proposals, including proposals to merge or consolidate with the cooperative. Such appraisals shall also be accompanied by any proposal for such a sale or lease-sale received by the cooperative within one (1) year prior to the receipt of the last appraisal or received subsequent thereto but prior to the adoption of such resolution; provided, that only the most recent proposal from a person that has made two (2) or more proposals need be so transmitted. Such other cooperatives shall be given at least sixty (60) days within which to submit competing or alternative proposals, and they shall be notified in such transmittal of the actual final date for such submissions;
(C) If, after such date, the board so resolves, it shall recommend and submit to the members a proposal for such a sale or lease-sale or a proposal to merge or consolidate the cooperative with one (1) or more other cooperatives having the primary purpose, accompanying the proposal with verbatim copies of all competing or alternative proposals it has received, together with all of the appraisals and any underlying data and information that may have accompanied such appraisals. Such transmittals shall also be accompanied by a notice of a meeting of the members to consider and act upon the recommended proposal, which meeting may be a special or the regular annual meeting of the members; and
(D) Any three hundred (300) or more members of the cooperative may, over their respective signatures and within not less than forty-five (45) days prior to the date of such member meeting, petition the cooperative to mail to all of the cooperative's members any statement of opposition to the board's recommendation and/or their own recommendation that a competing or alternative proposal, including a proposition to merge or consolidate the cooperative with one (1) or more other cooperatives, or to dissolve it as an incident of their proposal for a sale or lease-sale, be accepted and approved by the members at such meeting, in which event the board shall cause a printed copy of the petition, including the printing of the names of the member signatories thereof, together with a printed copy of the statement, to be transmitted to all of the cooperative's members via the United States mail not less than thirty (30) days prior to such member meeting, with the cost of such printing and mailing to be borne by the cooperative. If so mailed, such petition and statement shall constitute sufficient notice of any such recommended competing or alternative proposal for the same to be considered and acted upon at such meeting, but not until if and after the proposal recommended by the board shall have first been considered and rejected by vote of the members;
(3) If the bylaws provide for voting on such proposals by proxy or by mail balloting, neither proxy forms nor printed ballots with respect to such member meeting shall be mailed or otherwise be made available to, or be capable of being validly executed or voted by, the members sooner than twenty (20) days prior to the date of such meeting, and the bylaws shall contain appropriate provisions assuring that: (A) If the same is not executed sooner than twenty (20) days prior to the date of such meeting, any otherwise legally sufficient proxy shall be honored by the cooperative, notwithstanding that the board may have prescribed and mailed or otherwise made available the form and content for proxies; and (B) Only official mail ballots which as to form and content shall have been prescribed by the board shall be allowed, but such ballots shall, clearly and fairly, identify the proposal being recommended by the board and separately, if such be the case, any competing or alternative proposal being recommended by any member-filed petition, and will contain on the front or back thereof clear and accurate instructions as to how the ballots may validly be voted.
(A) If the same is not executed sooner than twenty (20) days prior to the date of such meeting, any otherwise legally sufficient proxy shall be honored by the cooperative, notwithstanding that the board may have prescribed and mailed or otherwise made available the form and content for proxies; and
(B) Only official mail ballots which as to form and content shall have been prescribed by the board shall be allowed, but such ballots shall, clearly and fairly, identify the proposal being recommended by the board and separately, if such be the case, any competing or alternative proposal being recommended by any member-filed petition, and will contain on the front or back thereof clear and accurate instructions as to how the ballots may validly be voted.
(b) Compliance with the requirements of subdivisions (a)(1) and (2) shall not be required if the sale or lease-sale is to be to or with one (1) or more other cooperatives which have the primary purpose and the effect thereof will be essentially the same as if a merger or consolidation were being consummated with such one (1) or more other cooperatives. In such case, the proposal and plan therefor shall be first approved by the cooperative's board and recommended and submitted by the board to the members for their consideration and action at a special member meeting called by the board for that purpose or at the next annual member meeting, the notice of which shall contain or be accompanied by a copy of such proposal and plan; and such a sale or lease-sale shall be approved and authorized if it receives the affirmative votes of a majority of the members of the cooperative; provided, that a proposal and plan for such a sale or lease-sale need not be first approved and recommended by the board if so recommended by three hundred (300) or more members and noticed to all of the members, all as provided for in subdivision (a)(2)(D), in which event the provisions of subdivision (a)(3) shall also be applicable.
(c) A proposal for the sale or lease-sale by a cooperative having the primary purpose and one (1) or more secondary purposes of all or a substantial portion of its assets and properties devoted to and used or useful in the pursuance of one (1) or more such secondary purposes may be approved, authorized and consummated by action of its board only, unless the bylaws require the approval by the members. If the cooperative has secondary purposes only, such proposal shall be first approved by the cooperative's board and recommended and submitted to the members for their consideration and action at a special member meeting called for that purpose or at the next annual member meeting, the notice of which shall contain or be accompanied by a copy of the proposal. Such proposal shall be approved and authorized if it receives the affirmative votes of as many as but not fewer than two-thirds (2/3) of the members of the cooperative voting thereon.
(d) Notwithstanding any other provision of this section: (1) A substantial portion of a cooperative's assets and properties may be sold solely upon approval and authorization of the board if such sale is in the nature of a forced sale for the reason that the purchaser possesses and otherwise would exercise the legal right to acquire, damage, relocate or destroy the same by condemnation or otherwise without the cooperative's consent; (2) The board may sell or otherwise dispose of property no longer used or useful in conducting the business of the cooperative; and (3) No offer to purchase or lease-purchase and no offer to sell or lease-sell all or a substantial portion of a cooperative's assets and properties shall be valid or, if made and accepted, enforceable unless the total consideration to be paid or otherwise furnished therefor, to the extent that the same is in excess of the amounts necessary to discharge or to provide for the discharge of the cooperative's liabilities, or is in excess of that portion of such discharge or provision for discharge that may be a necessary precedent to or incident of a sale or lease-sale of a substantial portion but less than all of such assets and properties, shall be distributed to, or if such be the case allocated and assigned to, the patrons or former patrons of the cooperative in the manner provided for in its articles or bylaws or applicable law.
(1) A substantial portion of a cooperative's assets and properties may be sold solely upon approval and authorization of the board if such sale is in the nature of a forced sale for the reason that the purchaser possesses and otherwise would exercise the legal right to acquire, damage, relocate or destroy the same by condemnation or otherwise without the cooperative's consent;
(2) The board may sell or otherwise dispose of property no longer used or useful in conducting the business of the cooperative; and
(3) No offer to purchase or lease-purchase and no offer to sell or lease-sell all or a substantial portion of a cooperative's assets and properties shall be valid or, if made and accepted, enforceable unless the total consideration to be paid or otherwise furnished therefor, to the extent that the same is in excess of the amounts necessary to discharge or to provide for the discharge of the cooperative's liabilities, or is in excess of that portion of such discharge or provision for discharge that may be a necessary precedent to or incident of a sale or lease-sale of a substantial portion but less than all of such assets and properties, shall be distributed to, or if such be the case allocated and assigned to, the patrons or former patrons of the cooperative in the manner provided for in its articles or bylaws or applicable law.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-213 .
Tenn. Code Ann. § 65-7-101 — TN Code / Title 65 / Chapter 7 / Section 65-7-101
Power of locality to become stockholder
Status: in_force

Any county, incorporated city, or town may become a stockholder in any railroad company incorporated under the general laws of this state, to an amount not exceeding, in the aggregate, one-tenth ( 1 / 10 ) of its taxable property, by complying with the requirements of this chapter. Acts 1887, ch. 3, § 1; Shan., § 1558; Code 1932, § 2612; T.C.A. (orig. ed.), § 65-701.
Any county, incorporated city, or town may become a stockholder in any railroad company incorporated under the general laws of this state, to an amount not exceeding, in the aggregate, one-tenth ( 1 / 10 ) of its taxable property, by complying with the requirements of this chapter.
Acts 1887, ch. 3, § 1; Shan., § 1558; Code 1932, § 2612; T.C.A. (orig. ed.), § 65-701.
Tenn. Code Ann. § 65-5-107 — TN Code / Title 65 / Chapter 5 / Section 65-5-107
Universal service - Funding
Status: in_force

(a) In order to ensure the availability of affordable residential basic local exchange telephone service, the commission shall formulate policies, promulgate rules and issue orders which require all telecommunications service providers to contribute to the support of universal service. (b) The commission shall create an alternative universal service support mechanism that replaces current sources of universal service support only if it determines that the alternative will preserve universal service, protect consumer welfare, be fair to all telecommunications service providers, and prevent the unwarranted subsidization of any telecommunications service provider's rates by consumers or by another telecommunications service provider. To accomplish these objectives, the commission, if it creates or subsequently modifies an alternative universal service support mechanism, shall: (1) Restrict recovery from the mechanism by any telecommunications service provider to an amount equal to the support necessary to provide universal service; (2) Consider provision of universal service by incumbent local exchange telephone companies and by other telecommunications service providers; (3) Order only such contributions to the universal service support mechanism as are necessary to support universal service and fund administration of the mechanism; (4) Administer the universal service support mechanism in a competitively neutral manner, and in accordance with established commission rules and federal statutes; (5) Determine the financial effect on each universal service provider caused by the creation or a modification of the universal service support mechanism, and rebalance the effect through a one-time adjustment of equal amount to the rates of that provider; (6) When ordering a modification, include changes in the cost of providing universal service in the rebalancing required by subdivision (b)(5); (7) When performing its duties under subdivisions (b)(5) and (6), order no increase in the rates for any interconnection services; and (8) Consider, at a minimum: (A) The amount by which the embedded cost of providing residential basic local exchange telephone service exceeds the revenue received from the service, including the cost of the carrier-of-last-resort obligation, for both high- and low-density service areas; (B) The extent to which rates for residential basic local exchange telephone service should be required to meet the standards of § 65-5-108(c) ; and (C) Intrastate access rates and the appropriateness of such rates as a significant source of universal service support. (c) The commission shall monitor the continued functioning of universal service mechanisms and shall conduct investigations, issue show cause orders, entertain petitions or complaints, or adopt rules in order to assure that the universal service mechanism is modified and enforced in accordance with the criteria set forth in this section. (d) Nothing in this section shall be construed to require the commission to raise residential basic local exchange telephone service rates. (e) Any universal service support mechanism created pursuant to this part shall hereafter be known as the universal service program. To implement any such universal service program, there is established a special reserve account in the state's general fund to be funded and allocated in accordance with this section and rules promulgated by the commission. Such fund shall be known as the universal service program support mechanism fund. Moneys from the fund may be expended in accordance with such universal service program. Any moneys deposited in the fund shall remain in such account until expended for purposes consistent with such program and shall not revert to the general fund on any June 30. Any interest earned by deposits in such account shall not revert to the general fund on any June 30 but shall remain in such account until expended for purposes consistent with the universal service program. Amended by 2013 Tenn. Acts, ch. 61,s 1, eff. 3/26/2013. Acts 1995, ch. 408, § 4; 2001, ch. 124, § 1; T.C.A. § 65-5-207.
(a) In order to ensure the availability of affordable residential basic local exchange telephone service, the commission shall formulate policies, promulgate rules and issue orders which require all telecommunications service providers to contribute to the support of universal service.
(b) The commission shall create an alternative universal service support mechanism that replaces current sources of universal service support only if it determines that the alternative will preserve universal service, protect consumer welfare, be fair to all telecommunications service providers, and prevent the unwarranted subsidization of any telecommunications service provider's rates by consumers or by another telecommunications service provider. To accomplish these objectives, the commission, if it creates or subsequently modifies an alternative universal service support mechanism, shall: (1) Restrict recovery from the mechanism by any telecommunications service provider to an amount equal to the support necessary to provide universal service; (2) Consider provision of universal service by incumbent local exchange telephone companies and by other telecommunications service providers; (3) Order only such contributions to the universal service support mechanism as are necessary to support universal service and fund administration of the mechanism; (4) Administer the universal service support mechanism in a competitively neutral manner, and in accordance with established commission rules and federal statutes; (5) Determine the financial effect on each universal service provider caused by the creation or a modification of the universal service support mechanism, and rebalance the effect through a one-time adjustment of equal amount to the rates of that provider; (6) When ordering a modification, include changes in the cost of providing universal service in the rebalancing required by subdivision (b)(5); (7) When performing its duties under subdivisions (b)(5) and (6), order no increase in the rates for any interconnection services; and (8) Consider, at a minimum: (A) The amount by which the embedded cost of providing residential basic local exchange telephone service exceeds the revenue received from the service, including the cost of the carrier-of-last-resort obligation, for both high- and low-density service areas; (B) The extent to which rates for residential basic local exchange telephone service should be required to meet the standards of § 65-5-108(c) ; and (C) Intrastate access rates and the appropriateness of such rates as a significant source of universal service support.
(1) Restrict recovery from the mechanism by any telecommunications service provider to an amount equal to the support necessary to provide universal service;
(2) Consider provision of universal service by incumbent local exchange telephone companies and by other telecommunications service providers;
(3) Order only such contributions to the universal service support mechanism as are necessary to support universal service and fund administration of the mechanism;
(4) Administer the universal service support mechanism in a competitively neutral manner, and in accordance with established commission rules and federal statutes;
(5) Determine the financial effect on each universal service provider caused by the creation or a modification of the universal service support mechanism, and rebalance the effect through a one-time adjustment of equal amount to the rates of that provider;
(6) When ordering a modification, include changes in the cost of providing universal service in the rebalancing required by subdivision (b)(5);
(7) When performing its duties under subdivisions (b)(5) and (6), order no increase in the rates for any interconnection services; and
(8) Consider, at a minimum: (A) The amount by which the embedded cost of providing residential basic local exchange telephone service exceeds the revenue received from the service, including the cost of the carrier-of-last-resort obligation, for both high- and low-density service areas; (B) The extent to which rates for residential basic local exchange telephone service should be required to meet the standards of § 65-5-108(c) ; and (C) Intrastate access rates and the appropriateness of such rates as a significant source of universal service support.
(A) The amount by which the embedded cost of providing residential basic local exchange telephone service exceeds the revenue received from the service, including the cost of the carrier-of-last-resort obligation, for both high- and low-density service areas;
(B) The extent to which rates for residential basic local exchange telephone service should be required to meet the standards of § 65-5-108(c) ; and
(C) Intrastate access rates and the appropriateness of such rates as a significant source of universal service support.
(c) The commission shall monitor the continued functioning of universal service mechanisms and shall conduct investigations, issue show cause orders, entertain petitions or complaints, or adopt rules in order to assure that the universal service mechanism is modified and enforced in accordance with the criteria set forth in this section.
(d) Nothing in this section shall be construed to require the commission to raise residential basic local exchange telephone service rates.
(e) Any universal service support mechanism created pursuant to this part shall hereafter be known as the universal service program. To implement any such universal service program, there is established a special reserve account in the state's general fund to be funded and allocated in accordance with this section and rules promulgated by the commission. Such fund shall be known as the universal service program support mechanism fund. Moneys from the fund may be expended in accordance with such universal service program. Any moneys deposited in the fund shall remain in such account until expended for purposes consistent with such program and shall not revert to the general fund on any June 30. Any interest earned by deposits in such account shall not revert to the general fund on any June 30 but shall remain in such account until expended for purposes consistent with the universal service program.
Amended by 2013 Tenn. Acts, ch. 61,s 1, eff. 3/26/2013.
Acts 1995, ch. 408, § 4; 2001, ch. 124, § 1; T.C.A. § 65-5-207.
Tenn. Code Ann. § 65-1-102 — TN Code / Title 65 / Chapter 1 / Section 65-1-102
Commissioners - Prohibited activities
Status: in_force

(a) No commissioner shall hold any other public office, under either the government of the United States or the government of this or any other state, nor shall any commissioner, while acting as such, engage in any business or occupation inconsistent with such person's duties as a commissioner. No commissioner shall be eligible to qualify as a candidate for any elected office unless such commissioner resigns from the commission prior to qualifying as a candidate. For the purposes of this section, "qualify as a candidate" means filing a statement certifying the name and address of a political treasurer pursuant to § 2-10-105(e) . (b) No person who owns, in an individual capacity or jointly with another person, any bonds, stocks, equity interest or other property in any business or entity regulated by the Tennessee public utility commission, or who is an agent or employee in any way of any such business or entity, shall be eligible to serve as a commissioner of the Tennessee public utility commission. (c) (1) No commissioner shall raise funds or solicit contributions for any political candidate or political party, or, except as provided in subdivision (c)(2), actively campaign for any candidate for public office. (2) (A) A commissioner shall be permitted to actively campaign for an "immediate family member" as that phrase is defined in § 8-50-502(8) . (B) The mere attendance of a commissioner at a political event or politically oriented event shall not constitute a violation of subdivision (c)(1). (C) A commissioner's alleged violation of this subsection (c) shall be treated in the same manner as if such commissioner were a judge covered by Rule 10 of the Rules of the Supreme Court. (d) No commissioner shall enter into an employment relationship, a consulting or representation agreement, or other similar contract or agreement with either an entity regulated by the commission or a subcontractor of such an entity for a period of one (1) year after the commissioner ceases to serve as a commissioner of the commission. Amended by 2013 Tenn. Acts, ch. 245,s 2, eff. 4/19/2013. Acts 1995, ch. 305, § 5; 1996, ch. 636, § 1; 2001, ch. 450, § 1; T.C.A. § 65-1-202.
(a) No commissioner shall hold any other public office, under either the government of the United States or the government of this or any other state, nor shall any commissioner, while acting as such, engage in any business or occupation inconsistent with such person's duties as a commissioner. No commissioner shall be eligible to qualify as a candidate for any elected office unless such commissioner resigns from the commission prior to qualifying as a candidate. For the purposes of this section, "qualify as a candidate" means filing a statement certifying the name and address of a political treasurer pursuant to § 2-10-105(e) .
(b) No person who owns, in an individual capacity or jointly with another person, any bonds, stocks, equity interest or other property in any business or entity regulated by the Tennessee public utility commission, or who is an agent or employee in any way of any such business or entity, shall be eligible to serve as a commissioner of the Tennessee public utility commission.
(c) (1) No commissioner shall raise funds or solicit contributions for any political candidate or political party, or, except as provided in subdivision (c)(2), actively campaign for any candidate for public office. (2) (A) A commissioner shall be permitted to actively campaign for an "immediate family member" as that phrase is defined in § 8-50-502(8) . (B) The mere attendance of a commissioner at a political event or politically oriented event shall not constitute a violation of subdivision (c)(1). (C) A commissioner's alleged violation of this subsection (c) shall be treated in the same manner as if such commissioner were a judge covered by Rule 10 of the Rules of the Supreme Court.
(1) No commissioner shall raise funds or solicit contributions for any political candidate or political party, or, except as provided in subdivision (c)(2), actively campaign for any candidate for public office.
(2) (A) A commissioner shall be permitted to actively campaign for an "immediate family member" as that phrase is defined in § 8-50-502(8) . (B) The mere attendance of a commissioner at a political event or politically oriented event shall not constitute a violation of subdivision (c)(1). (C) A commissioner's alleged violation of this subsection (c) shall be treated in the same manner as if such commissioner were a judge covered by Rule 10 of the Rules of the Supreme Court.
(A) A commissioner shall be permitted to actively campaign for an "immediate family member" as that phrase is defined in § 8-50-502(8) .
(B) The mere attendance of a commissioner at a political event or politically oriented event shall not constitute a violation of subdivision (c)(1).
(C) A commissioner's alleged violation of this subsection (c) shall be treated in the same manner as if such commissioner were a judge covered by Rule 10 of the Rules of the Supreme Court.
(d) No commissioner shall enter into an employment relationship, a consulting or representation agreement, or other similar contract or agreement with either an entity regulated by the commission or a subcontractor of such an entity for a period of one (1) year after the commissioner ceases to serve as a commissioner of the commission.
Amended by 2013 Tenn. Acts, ch. 245,s 2, eff. 4/19/2013.
Acts 1995, ch. 305, § 5; 1996, ch. 636, § 1; 2001, ch. 450, § 1; T.C.A. § 65-1-202.
Tenn. Code Ann. § 65-4-201 — TN Code / Title 65 / Chapter 4 / Section 65-4-201
Certificate required - Bond or other security required for projects proposed by public utilities providing wastewater service
Status: in_force

(a) No public utility shall establish or begin the construction of, or operate any line, plant, or system, or route in or into a municipality or other territory already receiving a like service from another public utility, or establish service therein, without first having obtained from the commission, after written application and hearing, a certificate that the present or future public convenience and necessity require or will require such construction, establishment, and operation, and no person or corporation not at the time a public utility shall commence the construction of any plant, line, system, or route to be operated as a public utility, or the operation of which would constitute the same, or the owner or operator thereof, a public utility as defined by law, without having first obtained, in like manner, a similar certificate; provided, however, that this section shall not be construed to require any public utility to obtain a certificate for an extension in or about a municipality or territory where it shall theretofore have lawfully commenced operations, or for an extension into territory, whether within or without a municipality, contiguous to its route, plant, line, or system, and not theretofore receiving service of a like character from another public utility, or for substitute or additional facilities in or to territory already served by it. (b) Except as exempted by state or federal law, no individual or entity shall offer or provide any individual or group of telecommunications services, or extend its territorial areas of operations without first obtaining from the Tennessee public utility commission a certificate of convenience and necessity for such service or territory; provided, however, that no telecommunications services provider offering and providing a telecommunications service under the authority of the commission on June 6, 1995, is required to obtain additional authority in order to continue to offer and provide such telecommunications services as it offers and provides as of June 6, 1995. (c) (1) After notice to the incumbent local exchange telephone company and other interested parties and following a hearing, the commission shall grant a certificate of convenience and necessity to a competing telecommunications service provider if after examining the evidence presented, the commission finds: (A) The applicant has demonstrated that it will adhere to all applicable commission policies, rules and orders; and (B) The applicant possesses sufficient managerial, financial and technical abilities to provide the applied for services. (2) A commission order, including appropriate findings of fact and conclusions of law, denying or approving, with or without modification, an application for certification of a competing telecommunications service provider shall be entered no more than sixty (60) days from the filing of the application. (d) Subsection (c) is not applicable to areas served by an incumbent local exchange telephone company with fewer than one hundred thousand (100,000) total access lines in this state unless such company voluntarily enters into an interconnection agreement with a competing telecommunications service provider or unless such incumbent local exchange telephone company applies for a certificate to provide telecommunications services in an area outside its service area existing on June 6, 1995. (e) (1) The commission shall direct the posting of a bond or other security by a public utility providing wastewater service or for a particular project proposed by a public utility providing wastewater service. The purpose of the bond or other security shall be to ensure the proper operation and maintenance of the public utility or project. The commission shall establish by rule the form of such bond or other security, the circumstances under which a bond or other security may be required, and the manner and circumstances under which the bond or other security may be forfeited. (2) The requirement under this subsection (e) to post a bond or other security by a public utility providing wastewater service shall also satisfy the requirement on such a public utility to provide a bond or other financial security to the department of environment and conservation as required by § 69-3-122 . (3) The commission shall establish by rule the amount of such bond or other security for various sizes and types of facilities. (4) Notwithstanding any other law, posting a bond or other security under this subsection (e) or § 69-3-122 , shall not be required until January 1, 2006, or until the commission's rules become effective, whichever occurs first. Such rules may be promulgated as emergency rules. (f) The commission shall not issue a certificate of public convenience and necessity for a wind energy facility that includes any wind turbine with a total height in excess of three hundred fifty feet (350') as measured from the ground at its base to the maximum height of the blade tip located on a mountain ridge at an elevation above two thousand five hundred feet (2,500') mean sea level or five hundred feet (500') or more above mean sea level of the adjacent valley floor. This subsection (f) shall not apply to single wind turbines less than one hundred feet (100') in height as measured from the ground at its base to the maximum height of the blade tip and used to generate electricity that is consumed on the same site where the wind turbine is located. Amended by 2018 Tenn. Acts, ch. 825, s 16, eff. 4/24/2018. Acts 1923, ch. 87, § 1; Shan. Supp., § 1843a1; Code 1932, § 5502; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-415; Acts 1995, ch. 305, § 20; 1995, ch. 408, § 7; 2005, ch. 62, § 1; 2009 , ch. 566, § 12.
(a) No public utility shall establish or begin the construction of, or operate any line, plant, or system, or route in or into a municipality or other territory already receiving a like service from another public utility, or establish service therein, without first having obtained from the commission, after written application and hearing, a certificate that the present or future public convenience and necessity require or will require such construction, establishment, and operation, and no person or corporation not at the time a public utility shall commence the construction of any plant, line, system, or route to be operated as a public utility, or the operation of which would constitute the same, or the owner or operator thereof, a public utility as defined by law, without having first obtained, in like manner, a similar certificate; provided, however, that this section shall not be construed to require any public utility to obtain a certificate for an extension in or about a municipality or territory where it shall theretofore have lawfully commenced operations, or for an extension into territory, whether within or without a municipality, contiguous to its route, plant, line, or system, and not theretofore receiving service of a like character from another public utility, or for substitute or additional facilities in or to territory already served by it.
(b) Except as exempted by state or federal law, no individual or entity shall offer or provide any individual or group of telecommunications services, or extend its territorial areas of operations without first obtaining from the Tennessee public utility commission a certificate of convenience and necessity for such service or territory; provided, however, that no telecommunications services provider offering and providing a telecommunications service under the authority of the commission on June 6, 1995, is required to obtain additional authority in order to continue to offer and provide such telecommunications services as it offers and provides as of June 6, 1995.
(c) (1) After notice to the incumbent local exchange telephone company and other interested parties and following a hearing, the commission shall grant a certificate of convenience and necessity to a competing telecommunications service provider if after examining the evidence presented, the commission finds: (A) The applicant has demonstrated that it will adhere to all applicable commission policies, rules and orders; and (B) The applicant possesses sufficient managerial, financial and technical abilities to provide the applied for services. (2) A commission order, including appropriate findings of fact and conclusions of law, denying or approving, with or without modification, an application for certification of a competing telecommunications service provider shall be entered no more than sixty (60) days from the filing of the application.
(1) After notice to the incumbent local exchange telephone company and other interested parties and following a hearing, the commission shall grant a certificate of convenience and necessity to a competing telecommunications service provider if after examining the evidence presented, the commission finds: (A) The applicant has demonstrated that it will adhere to all applicable commission policies, rules and orders; and (B) The applicant possesses sufficient managerial, financial and technical abilities to provide the applied for services.
(A) The applicant has demonstrated that it will adhere to all applicable commission policies, rules and orders; and
(B) The applicant possesses sufficient managerial, financial and technical abilities to provide the applied for services.
(2) A commission order, including appropriate findings of fact and conclusions of law, denying or approving, with or without modification, an application for certification of a competing telecommunications service provider shall be entered no more than sixty (60) days from the filing of the application.
(d) Subsection (c) is not applicable to areas served by an incumbent local exchange telephone company with fewer than one hundred thousand (100,000) total access lines in this state unless such company voluntarily enters into an interconnection agreement with a competing telecommunications service provider or unless such incumbent local exchange telephone company applies for a certificate to provide telecommunications services in an area outside its service area existing on June 6, 1995.
(e) (1) The commission shall direct the posting of a bond or other security by a public utility providing wastewater service or for a particular project proposed by a public utility providing wastewater service. The purpose of the bond or other security shall be to ensure the proper operation and maintenance of the public utility or project. The commission shall establish by rule the form of such bond or other security, the circumstances under which a bond or other security may be required, and the manner and circumstances under which the bond or other security may be forfeited. (2) The requirement under this subsection (e) to post a bond or other security by a public utility providing wastewater service shall also satisfy the requirement on such a public utility to provide a bond or other financial security to the department of environment and conservation as required by § 69-3-122 . (3) The commission shall establish by rule the amount of such bond or other security for various sizes and types of facilities. (4) Notwithstanding any other law, posting a bond or other security under this subsection (e) or § 69-3-122 , shall not be required until January 1, 2006, or until the commission's rules become effective, whichever occurs first. Such rules may be promulgated as emergency rules.
(1) The commission shall direct the posting of a bond or other security by a public utility providing wastewater service or for a particular project proposed by a public utility providing wastewater service. The purpose of the bond or other security shall be to ensure the proper operation and maintenance of the public utility or project. The commission shall establish by rule the form of such bond or other security, the circumstances under which a bond or other security may be required, and the manner and circumstances under which the bond or other security may be forfeited.
(2) The requirement under this subsection (e) to post a bond or other security by a public utility providing wastewater service shall also satisfy the requirement on such a public utility to provide a bond or other financial security to the department of environment and conservation as required by § 69-3-122 .
(3) The commission shall establish by rule the amount of such bond or other security for various sizes and types of facilities.
(4) Notwithstanding any other law, posting a bond or other security under this subsection (e) or § 69-3-122 , shall not be required until January 1, 2006, or until the commission's rules become effective, whichever occurs first. Such rules may be promulgated as emergency rules.
(f) The commission shall not issue a certificate of public convenience and necessity for a wind energy facility that includes any wind turbine with a total height in excess of three hundred fifty feet (350') as measured from the ground at its base to the maximum height of the blade tip located on a mountain ridge at an elevation above two thousand five hundred feet (2,500') mean sea level or five hundred feet (500') or more above mean sea level of the adjacent valley floor. This subsection (f) shall not apply to single wind turbines less than one hundred feet (100') in height as measured from the ground at its base to the maximum height of the blade tip and used to generate electricity that is consumed on the same site where the wind turbine is located.
Amended by 2018 Tenn. Acts, ch. 825, s 16, eff. 4/24/2018.
Acts 1923, ch. 87, § 1; Shan. Supp., § 1843a1; Code 1932, § 5502; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-415; Acts 1995, ch. 305, § 20; 1995, ch. 408, § 7; 2005, ch. 62, § 1; 2009 , ch. 566, § 12.
Tenn. Code Ann. § 65-6-203 — TN Code / Title 65 / Chapter 6 / Section 65-6-203
Overhead clearance
Status: in_force

(a) The minimum overhead clearance above railroad tracks which are used or purported to be used for transporting freight cars shall be twenty-two feet (22'). Structures constructed prior to April 13, 1949, may be maintained at such clearance as was lawful at the time of construction. (b) The overhead clearance above the top of the rail of such tracks located inside of buildings may be reduced to seventeen feet (17'); provided, that this clearance shall apply only to tracks operating within the buildings; and provided further, that when an overhead clearance of less than twenty-two feet (22') exists on tracks inside such buildings, all cars, trains, motors, engines or equipment shall be brought to a stop before entering such buildings. Acts 1949, ch. 178, § 3; C. Supp. 1950, § 2670.3; T.C.A. (orig. ed.), § 65-625.
(a) The minimum overhead clearance above railroad tracks which are used or purported to be used for transporting freight cars shall be twenty-two feet (22'). Structures constructed prior to April 13, 1949, may be maintained at such clearance as was lawful at the time of construction.
(b) The overhead clearance above the top of the rail of such tracks located inside of buildings may be reduced to seventeen feet (17'); provided, that this clearance shall apply only to tracks operating within the buildings; and provided further, that when an overhead clearance of less than twenty-two feet (22') exists on tracks inside such buildings, all cars, trains, motors, engines or equipment shall be brought to a stop before entering such buildings.
Acts 1949, ch. 178, § 3; C. Supp. 1950, § 2670.3; T.C.A. (orig. ed.), § 65-625.
Tenn. Code Ann. § 65-5-109 — TN Code / Title 65 / Chapter 5 / Section 65-5-109
Price regulation plan
Status: in_force

(a) Rates for telecommunications services are just and reasonable when they are determined to be affordable as set forth in this section. Using the procedures established in this section, the commission shall ensure that rates for all basic local exchange telephone services and non-basic services are affordable on the effective date of price regulation for each incumbent local exchange telephone company. (b) An incumbent local exchange telephone company shall, upon approval of its application under subsection (c), be empowered to, and shall charge and collect only such rates that are less than or equal to the maximum permitted by this section and subject to the safeguards in § 65-5-108(c) and (d) and the non-discrimination provisions of this title. (c) The commission shall enter an order within ninety (90) days of the application of an incumbent local exchange telephone company implementing a price regulation plan for such company. With the implementation of a price regulation plan, the rates existing on January 1, 2009, for all basic local exchange telephone services and non-basic services, as defined in § 65-5-108 , are deemed affordable if the incumbent local exchange telephone company's earned rate of return on its most recent Tennessee public utility commission 3.01 report as audited by the commission staff pursuant to subsection (j) is equal to or less than the company's current authorized fair rate of return existing at the time of the company's application. If the incumbent local exchange telephone company's earned rate of return on its most recent Tennessee public utility commission 3.01 report as audited by the commission staff pursuant to subsection (j) is greater than the company's current authorized fair rate of return, the commission shall initiate a contested, evidentiary proceeding to establish the initial rates on which the price regulation plan is based. The commission shall initiate such a rate-setting proceeding to determine a fair rate of return on the company's rate base using the actual intrastate operating revenues, expenses, rate base and capital structure from the company's most recent Tennessee public utility commission 3.01 report as audited by the commission staff pursuant to subsection (j). If the incumbent local exchange telephone company's earned rate of return is less than its current authorized fair rate of return, the company may request the commission to initiate a contested, evidentiary proceeding to establish the initial rates upon which the price regulation plan is based. Upon request by the incumbent local exchange telephone company, the commission shall initiate such a contested, evidentiary proceeding using the same rate-setting procedures described above. Rates established pursuant to the above process shall be the initial rates on which a price regulation plan is based, subject to such further adjustment as may be made by the commission pursuant to § 65-5-107 . Nothing in this section shall require a company that has elected price regulation prior to 2009 to reapply for price regulation or to reset its rates under its price regulation plan. Such a company is entitled, in its sole discretion, to the 1995 rates upon which its original election was based or may base its price regulation calculation upon rates in effect as of January 1, 2009. (d) If not resolved by agreement, the commission shall, on petition of the competing telecommunications services provider, hold a contested case proceeding within thirty (30) days to establish initial rates for new interconnection services provided by an incumbent local exchange telephone company subsequent to June 6, 1995, which rates shall be set in accordance with chapter 408 of the Public Acts of 1995. The commission shall issue a final order within twenty (20) days of the proceeding. (e) A price regulation plan shall maintain affordable basic and non-basic rates by permitting a maximum annual adjustment that is capped at the lesser of one-half (½) the percentage change in inflation for the United States using the gross domestic product-price index (GDP-PI) from the preceding year as the measure of inflation, or the GDP-PI from the preceding year minus two (2) percentage points. An incumbent local exchange telephone company may adjust its rates for basic local exchange telephone services or non-basic services only so long as its aggregate revenues for basic local exchange telephone services or non-basic services generated by such changes do not exceed the aggregate revenues generated by the maximum rates permitted by the price regulation plan. (f) Notwithstanding the annual adjustments permitted in subsection (e), the initial basic local exchange telephone service rates of an incumbent local exchange telephone company subject to price regulation shall not increase for a period of four (4) years from the date the incumbent local exchange telephone company becomes subject to such regulation. At the expiration of the four-year period, an incumbent local exchange telephone company is permitted to adjust annually its rates for basic local exchange telephone services in accordance with the method set forth in subsection (e); provided, that the rate for residential basic local exchange telephone service shall not be increased in any one (1) year by more than the percentage change in inflation for the United States using the gross domestic product-price index (GDP-PI) from the preceding year as the measure of inflation. Nothing in this subsection (f) shall be construed to prohibit or limit residential basic local exchange rate increases or aggregate revenues permitted in subsection (e) caused by: (1) Revenue neutral rate proposals that rebalance access revenue or touchtone revenue to residential basic local exchange service; (2) Revenue neutral rate proposals that expand local calling areas; or (3) Rate regrouping when it is based on population growth or expanded local calling such that there is an increase in the number of lines that end-users within the rate group can reach by local calling and the rate group no longer corresponds to the rate group definitions in a carrier's approved tariffs. (g) Notwithstanding any other provision of this section, a price regulation plan shall permit a maximum annual adjustment in the rates for interconnection services that is capped at the lesser of one-half (½) the percentage change in inflation for the United States using the gross domestic product-price index (GDP-PI) from the preceding year as the measure of inflation, or the GDP-PI from the preceding year minus two (2) percentage points. An incumbent local exchange telephone company may adjust its rates for interconnection services only so long as its aggregate revenues generated by such changes do not exceed the aggregate revenues generated by the maximum rates permitted by this subsection (g); provided, that each new rate must comply with the requirements of § 65-5-108 and the non-discrimination provisions of this title. Upon filing by a competing telecommunications service provider of a complaint, such rate adjustment shall become subject to commission review of the adjustment's compliance with this section and rules promulgated under this section. The commission shall stay the adjustment of rates and enter a final order approving, modifying or rejecting such adjustment within thirty (30) days of the complaint. (h) Incumbent local exchange telephone companies subject to price regulation may set rates for non-basic services as the company deems appropriate, subject to the limitations set forth in subsections (e) and (g), the non-discrimination provisions of this title, any rules or orders issued by the commission pursuant to § 65-5-108(c) and upon prior notice to affected customers. Rates for call waiting service provided by an incumbent local exchange telephone company subject to price regulation shall not exceed, for a period of four (4) years from the date the company becomes subject to such regulation, the maximum rate in effect in the state for such service on January 1, 2009; provided, however, that the maximum rate shall not apply to companies becoming subject to that regulation after June 1, 2009. (i) Incumbent local exchange telephone companies subject to price regulation are not required to seek regulatory approval of their depreciation rates or schedules. (j) For any incumbent local exchange telephone company electing price regulation under subsection (c), the commission shall conduct an audit to assure that the Tennessee public utility commission 3.01 report accurately reflects, in all material respects, the incumbent local exchange telephone company's achieved results in accordance with generally accepted accounting principles as adopted in Part 32 of the uniform system of accounts, and the ratemaking adjustments to operating revenues, expenses and rate base used in the commission's most recent order applicable to the incumbent local exchange telephone company. Nothing herein is to be construed to diminish the audit powers of the commission; provided, however, that such an audit shall not be conducted for a local exchange telephone company electing price regulation after June 1, 2009. (k) Incumbent local exchange telephone companies subject to price regulation shall maintain their commitment to the FYI Tennessee master plan to the completion of the funded requirements with any alterations to the plan to be approved by the commission. (l) (1) Any nonincumbent certificated provider of local exchange telephone or intrastate long distance telephone service or any incumbent certificated provider of local exchange or intrastate long distance telephone service that has elected price regulation pursuant to subsections (a)-(k) may, in its sole discretion, elect to operate pursuant to market regulation, by filing notice of its intent to do so with the commission, which shall be effective immediately upon filing. (2) For purposes of the rural exemption under 47 U.S.C. § 251 only, the election to operate pursuant to market regulation by a rural incumbent certificated provider of local exchange or intrastate long distance telephone service, as provided in this section, shall constitute an acknowledgement that a bona fide request for interconnection or services is not unduly economically burdensome, is technically feasible, will not present a risk of a significant adverse economic impact on users of telecommunications services generally, is consistent with 47 U.S.C. § 254 and is consistent with the public interest, convenience and necessity. This subdivision ( l )(2) shall not apply to any telephone cooperative organized pursuant to § 65-29-102 . (m) Upon election of market regulation by a certificated provider, the provider shall be exempt from all commission jurisdiction, including, but not limited to, state-based regulation of retail pricing or retail operations, except as defined in subsection (n). Notwithstanding the limitations on commission jurisdiction over market-regulated companies under state law as set forth in this section, it is the express intent of the general assembly that the Tennessee public utility commission is authorized as a matter of state law to receive any jurisdiction delegated to it by the federal 1996 Telecommunications Act, in 47 U.S.C. § 214(e) , or federal communications commission (FCC) orders or rules, including, without limitation, jurisdiction granted to hear complaints regarding anti-competitive practices, to set rates, terms and conditions for access to unbundled network elements and to arbitrate and enforce interconnection agreements. In addition, the commission shall continue to exercise its jurisdiction in its role as a dispute resolution forum to hear complaints between certificated carriers, including complaints to prohibit anti-competitive practices and to issue orders to resolve such complaints. The commission shall interpret and apply federal, not state, substantive law, which is hereby adopted so that such law is applicable to intrastate services for the purpose of adjudicating such state complaints. The commission shall adjudicate and enforce such claims in accordance with state procedural law and rules, including the enforcement and penalty provisions of § 65-4-120 . No claim shall be brought to the Tennessee public utility commission as to which the FCC has exclusive jurisdiction. All complaints brought between carriers pursuant to this section shall be resolved by final order of the commission within one hundred eighty (180) days of the filing of the complaint. (n) A certificated provider electing market regulation shall be subject to the jurisdiction of the commission only when: (1) The commission is exercising its jurisdiction as described in subsection (m); (2) The commission is acting with respect to enforcement or modification of any wholesale self effectuating enforcement mechanism plan in place as of January 1, 2009; provided, that such actions are consistent with federal telecommunications law; (3) The commission is assessing and collecting inspection fees calculated in accordance with chapter 4, part 3 of this title and election of market regulation shall not alter the character of any intrastate revenue or remove any source of intrastate revenue formerly included within gross receipts and used for purposes of assessment of the fees; (4) The commission is exercising jurisdiction over video service franchises pursuant to the Competitive Cable and Video Services Act, compiled in title 7, chapter 59, part 3; (5) The commission is exercising jurisdiction respecting underground facilities damage prevention; (6) The commission is exercising jurisdiction respecting the Tennessee relay center services or the Tennessee devices access program pursuant to § 65-21-115 ; (7) The commission is exercising jurisdiction respecting the small and minority-owned business participation plan pursuant to § 65-5-112 ; (8) The commission is exercising jurisdiction respecting universal service funding pursuant to § 65-5-107 ; (9) The commission is exercising jurisdiction respecting intrastate switched access service; (10) The commission is exercising jurisdiction respecting extensions of facilities pursuant to § 65-4-114(2) , except that no market-regulated carrier shall be subject to the regulatory commission jurisdiction in this subdivision (n)(10) in any wire center or geographic area the carrier designates by filing notice of such designation with the regulatory commission. Such notice shall be effective immediately upon filing and not subject to regulatory commission review; (11) The commission is exercising jurisdiction pursuant to § 65-4-125 ; provided, however, that the commission shall exercise its jurisdiction under subsections (a) or (b) only in connection with a complaint. (o) Incumbent local exchange providers that have elected market regulation shall not be entitled to the limitation on commission jurisdiction in subsection (n) with respect to those residential local exchange telecommunications services that are offered in exchanges with less than three thousand (3,000) access lines or, for carriers who serve more than one million (1,000,000) access lines in this state, those exchanges with access line counts and calling areas that would result in classification as rate group 1 or 2 under any such carrier's tariff in effect on January 1, 2009, and that are offered as single, individually priced services at a rate-group specific price rather than a state-wide or territory-wide price, except as follows: (1) Upon petition by a market-regulated provider, the commission may order that such services shall be subject to the limitations on jurisdiction in subsection (n) by showing that each exchange has at least two (2) nonaffiliated telecommunications providers that offer service to customers in each zone rate area of each exchange; (2) When counting the number of providers for the purpose of evaluating the competition standard in subdivision (o)(1), cable television providers that offer telephone and broadband services to residential customers may be included. Nonaffiliated providers of wireless service may be included in the count of providers but shall only count as one (1) provider regardless of the number of wireless providers. Nonaffiliated providers of voice over internet protocol service shall not be counted for the purpose of evaluating the competitive exemption for residential service, unless the carrier seeking exemption offers a data service capable of supporting voice over internet protocol service and does not require the purchase of voice telephony products to buy the data service. At least one (1) provider must be facilities-based and currently serving residential customers; (3) When the petitioning party shows facts satisfying the competition standard set forth in subdivision (o)(1), the petitioner shall be entitled to a rebuttable presumption that the competition standard is satisfied; (4) The petition shall be subject to an accelerated schedule. The commission must issue its decision on the petition, including its reasons, within ninety (90) days of the filing of the petition; (5) Unregulated providers of service shall not be required to participate in the commission's docket considering the petition, but, to the extent such competitors intervene, they shall be required to provide discovery responses regarding the activities of the unregulated provider in such rate groups or exchanges. To the extent the petitioner seeks, but is unable to obtain discovery response from intermodal or unregulated providers regarding the competition present in such rate groups or exchanges, the petitioner shall be entitled to a rebuttable presumption that the unregulated provider is offering service in the area that is the subject of the petition; (6) Whether or not such a petition is filed or granted, the limitations on commission jurisdiction set forth in subsection (n) shall automatically become applicable to all services of a market-regulated provider as of January 1, 2015; and (7) The petition provided for in this subsection (o) shall be filed no earlier than one (1) year following May 21, 2009. (p) Notwithstanding this section, providers that elect market regulation shall remain subject to the Tennessee Consumer Protection Act, compiled in title 47, chapter 18. (q) (1) Each year the commission shall prepare and submit to the general assembly a report describing the competitive nature of the communications market in Tennessee. (2) The report shall, at a minimum, contain the following information: (A) The number of telecommunications providers, including the technology used to provide service; (B) The number of providers by county serving residential subscribers; (C) The number of providers by county serving business subscribers; and (D) The number of customers by customer type. (3) In preparing the report, the commission shall rely on information filed with the commission or available as public information. The commission shall invite all providers of telecommunications services, including companies operating under market regulation, price cap regulation pursuant to this section, rate of return regulation, competitive carriers, wireless carriers, carriers offering voice over internet protocol service, cable operators or other carriers known to provide such service in this state, to provide voluntary reports supplying information relating to the items in subdivision (q)(2) and relating to the services and products offered in this state and any other information the provider volunteers concerning future plans for deployment, new services, new technology or the scope of competition. (r) In the event that a carrier has elected market regulation and later chooses to exit the business of providing local exchange telephone service in an exchange by selling all of its network in that exchange to another entity, then the following shall apply: (1) If the purchasing entity is a certificated carrier of local exchange telephone service in this state, then no regulatory requirements shall apply, except that nothing in this section shall preclude the exercise of commission jurisdiction as set forth in subsection (m); and (2) Any purchasing entity that applies for a certificate in connection with a sale of the type described in this section shall be subject to no greater standards than those applied by the commission for other entities seeking certification pursuant to § 65-4-201 ; and a commission order granting or denying the certificate, including appropriate findings of fact and conclusions of law, shall be entered no later than thirty (30) days from the filing of the application. (s) Notwithstanding any other laws to the contrary, including, but not limited to, subsections (c) and (j), the earnings of an incumbent local exchange company operating under rate of return regulation shall not be considered in setting initial rates under this section for an incumbent local exchange company implementing a price regulation plan after January 1, 2009. (t) Notwithstanding any law to the contrary, any certificated provider of local exchange telephone service subject to market regulation may, at its election, file a tariff with the commission governing the rates, terms and conditions of any of its services. Such filed tariff shall become effective upon filing and be deemed approved, unless rejected by the commission upon finding that the tariff violates applicable law within twenty-one (21) days of filing. The approval of a tariff under this subsection (t) shall constitute publication and notice to consumers of the provisions of the tariff, specifically those provisions governing carrier and consumer liability, for purposes of the filed rate doctrine. Unless rejected as provided herein, such tariffs shall constitute binding tariffs to the same extent as tariffs of other providers not subject to market regulation, including application of the filed rate doctrine, and shall be subject to the rules and regulations of the commission governing customer notices to the same extent as such rules apply to providers not subject to market regulation. (u) The regulatory commission is prohibited from creating any new programs mandating discounts on retail telecommunications services or equipment without providing reimbursement to carriers. Any such unfunded discount program mandated by rules or orders of the regulatory commission or public service commission that was in place as of March 26, 2013, shall terminate sixty (60) days following March 26, 2013. Nothing in this subsection (u) shall apply to existing regulatory commission programs providing services for individuals who are deaf or hard of hearing. (v) The regulatory commission shall not impose any requirements relating to issuance or maintenance of a certificate pursuant to § 65-4-201 on any market-regulated entity or on any affiliate of a market-regulated entity. Amended by 2019 Tenn. Acts, ch. 329, s 2, eff. 5/8/2019. Amended by 2013 Tenn. Acts, ch. 61, Secs.s 2, s 3, s 4 eff. 3/26/2013. Acts 1995, ch. 408, § 10; T.C.A. § 65-5-209; Acts 2005, ch. 71, § 1; 2009 , ch. 278, §§ 2, 3; 2010 , ch. 973, § 1.
(a) Rates for telecommunications services are just and reasonable when they are determined to be affordable as set forth in this section. Using the procedures established in this section, the commission shall ensure that rates for all basic local exchange telephone services and non-basic services are affordable on the effective date of price regulation for each incumbent local exchange telephone company.
(b) An incumbent local exchange telephone company shall, upon approval of its application under subsection (c), be empowered to, and shall charge and collect only such rates that are less than or equal to the maximum permitted by this section and subject to the safeguards in § 65-5-108(c) and (d) and the non-discrimination provisions of this title.
(c) The commission shall enter an order within ninety (90) days of the application of an incumbent local exchange telephone company implementing a price regulation plan for such company. With the implementation of a price regulation plan, the rates existing on January 1, 2009, for all basic local exchange telephone services and non-basic services, as defined in § 65-5-108 , are deemed affordable if the incumbent local exchange telephone company's earned rate of return on its most recent Tennessee public utility commission 3.01 report as audited by the commission staff pursuant to subsection (j) is equal to or less than the company's current authorized fair rate of return existing at the time of the company's application. If the incumbent local exchange telephone company's earned rate of return on its most recent Tennessee public utility commission 3.01 report as audited by the commission staff pursuant to subsection (j) is greater than the company's current authorized fair rate of return, the commission shall initiate a contested, evidentiary proceeding to establish the initial rates on which the price regulation plan is based. The commission shall initiate such a rate-setting proceeding to determine a fair rate of return on the company's rate base using the actual intrastate operating revenues, expenses, rate base and capital structure from the company's most recent Tennessee public utility commission 3.01 report as audited by the commission staff pursuant to subsection (j). If the incumbent local exchange telephone company's earned rate of return is less than its current authorized fair rate of return, the company may request the commission to initiate a contested, evidentiary proceeding to establish the initial rates upon which the price regulation plan is based. Upon request by the incumbent local exchange telephone company, the commission shall initiate such a contested, evidentiary proceeding using the same rate-setting procedures described above. Rates established pursuant to the above process shall be the initial rates on which a price regulation plan is based, subject to such further adjustment as may be made by the commission pursuant to § 65-5-107 . Nothing in this section shall require a company that has elected price regulation prior to 2009 to reapply for price regulation or to reset its rates under its price regulation plan. Such a company is entitled, in its sole discretion, to the 1995 rates upon which its original election was based or may base its price regulation calculation upon rates in effect as of January 1, 2009.
(d) If not resolved by agreement, the commission shall, on petition of the competing telecommunications services provider, hold a contested case proceeding within thirty (30) days to establish initial rates for new interconnection services provided by an incumbent local exchange telephone company subsequent to June 6, 1995, which rates shall be set in accordance with chapter 408 of the Public Acts of 1995. The commission shall issue a final order within twenty (20) days of the proceeding.
(e) A price regulation plan shall maintain affordable basic and non-basic rates by permitting a maximum annual adjustment that is capped at the lesser of one-half (½) the percentage change in inflation for the United States using the gross domestic product-price index (GDP-PI) from the preceding year as the measure of inflation, or the GDP-PI from the preceding year minus two (2) percentage points. An incumbent local exchange telephone company may adjust its rates for basic local exchange telephone services or non-basic services only so long as its aggregate revenues for basic local exchange telephone services or non-basic services generated by such changes do not exceed the aggregate revenues generated by the maximum rates permitted by the price regulation plan.
(f) Notwithstanding the annual adjustments permitted in subsection (e), the initial basic local exchange telephone service rates of an incumbent local exchange telephone company subject to price regulation shall not increase for a period of four (4) years from the date the incumbent local exchange telephone company becomes subject to such regulation. At the expiration of the four-year period, an incumbent local exchange telephone company is permitted to adjust annually its rates for basic local exchange telephone services in accordance with the method set forth in subsection (e); provided, that the rate for residential basic local exchange telephone service shall not be increased in any one (1) year by more than the percentage change in inflation for the United States using the gross domestic product-price index (GDP-PI) from the preceding year as the measure of inflation. Nothing in this subsection (f) shall be construed to prohibit or limit residential basic local exchange rate increases or aggregate revenues permitted in subsection (e) caused by: (1) Revenue neutral rate proposals that rebalance access revenue or touchtone revenue to residential basic local exchange service; (2) Revenue neutral rate proposals that expand local calling areas; or (3) Rate regrouping when it is based on population growth or expanded local calling such that there is an increase in the number of lines that end-users within the rate group can reach by local calling and the rate group no longer corresponds to the rate group definitions in a carrier's approved tariffs.
(1) Revenue neutral rate proposals that rebalance access revenue or touchtone revenue to residential basic local exchange service;
(2) Revenue neutral rate proposals that expand local calling areas; or
(3) Rate regrouping when it is based on population growth or expanded local calling such that there is an increase in the number of lines that end-users within the rate group can reach by local calling and the rate group no longer corresponds to the rate group definitions in a carrier's approved tariffs.
(g) Notwithstanding any other provision of this section, a price regulation plan shall permit a maximum annual adjustment in the rates for interconnection services that is capped at the lesser of one-half (½) the percentage change in inflation for the United States using the gross domestic product-price index (GDP-PI) from the preceding year as the measure of inflation, or the GDP-PI from the preceding year minus two (2) percentage points. An incumbent local exchange telephone company may adjust its rates for interconnection services only so long as its aggregate revenues generated by such changes do not exceed the aggregate revenues generated by the maximum rates permitted by this subsection (g); provided, that each new rate must comply with the requirements of § 65-5-108 and the non-discrimination provisions of this title. Upon filing by a competing telecommunications service provider of a complaint, such rate adjustment shall become subject to commission review of the adjustment's compliance with this section and rules promulgated under this section. The commission shall stay the adjustment of rates and enter a final order approving, modifying or rejecting such adjustment within thirty (30) days of the complaint.
(h) Incumbent local exchange telephone companies subject to price regulation may set rates for non-basic services as the company deems appropriate, subject to the limitations set forth in subsections (e) and (g), the non-discrimination provisions of this title, any rules or orders issued by the commission pursuant to § 65-5-108(c) and upon prior notice to affected customers. Rates for call waiting service provided by an incumbent local exchange telephone company subject to price regulation shall not exceed, for a period of four (4) years from the date the company becomes subject to such regulation, the maximum rate in effect in the state for such service on January 1, 2009; provided, however, that the maximum rate shall not apply to companies becoming subject to that regulation after June 1, 2009.
(i) Incumbent local exchange telephone companies subject to price regulation are not required to seek regulatory approval of their depreciation rates or schedules.
(j) For any incumbent local exchange telephone company electing price regulation under subsection (c), the commission shall conduct an audit to assure that the Tennessee public utility commission 3.01 report accurately reflects, in all material respects, the incumbent local exchange telephone company's achieved results in accordance with generally accepted accounting principles as adopted in Part 32 of the uniform system of accounts, and the ratemaking adjustments to operating revenues, expenses and rate base used in the commission's most recent order applicable to the incumbent local exchange telephone company. Nothing herein is to be construed to diminish the audit powers of the commission; provided, however, that such an audit shall not be conducted for a local exchange telephone company electing price regulation after June 1, 2009.
(k) Incumbent local exchange telephone companies subject to price regulation shall maintain their commitment to the FYI Tennessee master plan to the completion of the funded requirements with any alterations to the plan to be approved by the commission.
(l) (1) Any nonincumbent certificated provider of local exchange telephone or intrastate long distance telephone service or any incumbent certificated provider of local exchange or intrastate long distance telephone service that has elected price regulation pursuant to subsections (a)-(k) may, in its sole discretion, elect to operate pursuant to market regulation, by filing notice of its intent to do so with the commission, which shall be effective immediately upon filing. (2) For purposes of the rural exemption under 47 U.S.C. § 251 only, the election to operate pursuant to market regulation by a rural incumbent certificated provider of local exchange or intrastate long distance telephone service, as provided in this section, shall constitute an acknowledgement that a bona fide request for interconnection or services is not unduly economically burdensome, is technically feasible, will not present a risk of a significant adverse economic impact on users of telecommunications services generally, is consistent with 47 U.S.C. § 254 and is consistent with the public interest, convenience and necessity. This subdivision ( l )(2) shall not apply to any telephone cooperative organized pursuant to § 65-29-102 .
(1) Any nonincumbent certificated provider of local exchange telephone or intrastate long distance telephone service or any incumbent certificated provider of local exchange or intrastate long distance telephone service that has elected price regulation pursuant to subsections (a)-(k) may, in its sole discretion, elect to operate pursuant to market regulation, by filing notice of its intent to do so with the commission, which shall be effective immediately upon filing.
(2) For purposes of the rural exemption under 47 U.S.C. § 251 only, the election to operate pursuant to market regulation by a rural incumbent certificated provider of local exchange or intrastate long distance telephone service, as provided in this section, shall constitute an acknowledgement that a bona fide request for interconnection or services is not unduly economically burdensome, is technically feasible, will not present a risk of a significant adverse economic impact on users of telecommunications services generally, is consistent with 47 U.S.C. § 254 and is consistent with the public interest, convenience and necessity. This subdivision ( l )(2) shall not apply to any telephone cooperative organized pursuant to § 65-29-102 .
(m) Upon election of market regulation by a certificated provider, the provider shall be exempt from all commission jurisdiction, including, but not limited to, state-based regulation of retail pricing or retail operations, except as defined in subsection (n). Notwithstanding the limitations on commission jurisdiction over market-regulated companies under state law as set forth in this section, it is the express intent of the general assembly that the Tennessee public utility commission is authorized as a matter of state law to receive any jurisdiction delegated to it by the federal 1996 Telecommunications Act, in 47 U.S.C. § 214(e) , or federal communications commission (FCC) orders or rules, including, without limitation, jurisdiction granted to hear complaints regarding anti-competitive practices, to set rates, terms and conditions for access to unbundled network elements and to arbitrate and enforce interconnection agreements. In addition, the commission shall continue to exercise its jurisdiction in its role as a dispute resolution forum to hear complaints between certificated carriers, including complaints to prohibit anti-competitive practices and to issue orders to resolve such complaints. The commission shall interpret and apply federal, not state, substantive law, which is hereby adopted so that such law is applicable to intrastate services for the purpose of adjudicating such state complaints. The commission shall adjudicate and enforce such claims in accordance with state procedural law and rules, including the enforcement and penalty provisions of § 65-4-120 . No claim shall be brought to the Tennessee public utility commission as to which the FCC has exclusive jurisdiction. All complaints brought between carriers pursuant to this section shall be resolved by final order of the commission within one hundred eighty (180) days of the filing of the complaint.
(n) A certificated provider electing market regulation shall be subject to the jurisdiction of the commission only when: (1) The commission is exercising its jurisdiction as described in subsection (m); (2) The commission is acting with respect to enforcement or modification of any wholesale self effectuating enforcement mechanism plan in place as of January 1, 2009; provided, that such actions are consistent with federal telecommunications law; (3) The commission is assessing and collecting inspection fees calculated in accordance with chapter 4, part 3 of this title and election of market regulation shall not alter the character of any intrastate revenue or remove any source of intrastate revenue formerly included within gross receipts and used for purposes of assessment of the fees; (4) The commission is exercising jurisdiction over video service franchises pursuant to the Competitive Cable and Video Services Act, compiled in title 7, chapter 59, part 3; (5) The commission is exercising jurisdiction respecting underground facilities damage prevention; (6) The commission is exercising jurisdiction respecting the Tennessee relay center services or the Tennessee devices access program pursuant to § 65-21-115 ; (7) The commission is exercising jurisdiction respecting the small and minority-owned business participation plan pursuant to § 65-5-112 ; (8) The commission is exercising jurisdiction respecting universal service funding pursuant to § 65-5-107 ; (9) The commission is exercising jurisdiction respecting intrastate switched access service; (10) The commission is exercising jurisdiction respecting extensions of facilities pursuant to § 65-4-114(2) , except that no market-regulated carrier shall be subject to the regulatory commission jurisdiction in this subdivision (n)(10) in any wire center or geographic area the carrier designates by filing notice of such designation with the regulatory commission. Such notice shall be effective immediately upon filing and not subject to regulatory commission review; (11) The commission is exercising jurisdiction pursuant to § 65-4-125 ; provided, however, that the commission shall exercise its jurisdiction under subsections (a) or (b) only in connection with a complaint.
(1) The commission is exercising its jurisdiction as described in subsection (m);
(2) The commission is acting with respect to enforcement or modification of any wholesale self effectuating enforcement mechanism plan in place as of January 1, 2009; provided, that such actions are consistent with federal telecommunications law;
(3) The commission is assessing and collecting inspection fees calculated in accordance with chapter 4, part 3 of this title and election of market regulation shall not alter the character of any intrastate revenue or remove any source of intrastate revenue formerly included within gross receipts and used for purposes of assessment of the fees;
(4) The commission is exercising jurisdiction over video service franchises pursuant to the Competitive Cable and Video Services Act, compiled in title 7, chapter 59, part 3;
(5) The commission is exercising jurisdiction respecting underground facilities damage prevention;
(6) The commission is exercising jurisdiction respecting the Tennessee relay center services or the Tennessee devices access program pursuant to § 65-21-115 ;
(7) The commission is exercising jurisdiction respecting the small and minority-owned business participation plan pursuant to § 65-5-112 ;
(8) The commission is exercising jurisdiction respecting universal service funding pursuant to § 65-5-107 ;
(9) The commission is exercising jurisdiction respecting intrastate switched access service;
(10) The commission is exercising jurisdiction respecting extensions of facilities pursuant to § 65-4-114(2) , except that no market-regulated carrier shall be subject to the regulatory commission jurisdiction in this subdivision (n)(10) in any wire center or geographic area the carrier designates by filing notice of such designation with the regulatory commission. Such notice shall be effective immediately upon filing and not subject to regulatory commission review;
(11) The commission is exercising jurisdiction pursuant to § 65-4-125 ; provided, however, that the commission shall exercise its jurisdiction under subsections (a) or (b) only in connection with a complaint.
(o) Incumbent local exchange providers that have elected market regulation shall not be entitled to the limitation on commission jurisdiction in subsection (n) with respect to those residential local exchange telecommunications services that are offered in exchanges with less than three thousand (3,000) access lines or, for carriers who serve more than one million (1,000,000) access lines in this state, those exchanges with access line counts and calling areas that would result in classification as rate group 1 or 2 under any such carrier's tariff in effect on January 1, 2009, and that are offered as single, individually priced services at a rate-group specific price rather than a state-wide or territory-wide price, except as follows: (1) Upon petition by a market-regulated provider, the commission may order that such services shall be subject to the limitations on jurisdiction in subsection (n) by showing that each exchange has at least two (2) nonaffiliated telecommunications providers that offer service to customers in each zone rate area of each exchange; (2) When counting the number of providers for the purpose of evaluating the competition standard in subdivision (o)(1), cable television providers that offer telephone and broadband services to residential customers may be included. Nonaffiliated providers of wireless service may be included in the count of providers but shall only count as one (1) provider regardless of the number of wireless providers. Nonaffiliated providers of voice over internet protocol service shall not be counted for the purpose of evaluating the competitive exemption for residential service, unless the carrier seeking exemption offers a data service capable of supporting voice over internet protocol service and does not require the purchase of voice telephony products to buy the data service. At least one (1) provider must be facilities-based and currently serving residential customers; (3) When the petitioning party shows facts satisfying the competition standard set forth in subdivision (o)(1), the petitioner shall be entitled to a rebuttable presumption that the competition standard is satisfied; (4) The petition shall be subject to an accelerated schedule. The commission must issue its decision on the petition, including its reasons, within ninety (90) days of the filing of the petition; (5) Unregulated providers of service shall not be required to participate in the commission's docket considering the petition, but, to the extent such competitors intervene, they shall be required to provide discovery responses regarding the activities of the unregulated provider in such rate groups or exchanges. To the extent the petitioner seeks, but is unable to obtain discovery response from intermodal or unregulated providers regarding the competition present in such rate groups or exchanges, the petitioner shall be entitled to a rebuttable presumption that the unregulated provider is offering service in the area that is the subject of the petition; (6) Whether or not such a petition is filed or granted, the limitations on commission jurisdiction set forth in subsection (n) shall automatically become applicable to all services of a market-regulated provider as of January 1, 2015; and (7) The petition provided for in this subsection (o) shall be filed no earlier than one (1) year following May 21, 2009.
(1) Upon petition by a market-regulated provider, the commission may order that such services shall be subject to the limitations on jurisdiction in subsection (n) by showing that each exchange has at least two (2) nonaffiliated telecommunications providers that offer service to customers in each zone rate area of each exchange;
(2) When counting the number of providers for the purpose of evaluating the competition standard in subdivision (o)(1), cable television providers that offer telephone and broadband services to residential customers may be included. Nonaffiliated providers of wireless service may be included in the count of providers but shall only count as one (1) provider regardless of the number of wireless providers. Nonaffiliated providers of voice over internet protocol service shall not be counted for the purpose of evaluating the competitive exemption for residential service, unless the carrier seeking exemption offers a data service capable of supporting voice over internet protocol service and does not require the purchase of voice telephony products to buy the data service. At least one (1) provider must be facilities-based and currently serving residential customers;
(3) When the petitioning party shows facts satisfying the competition standard set forth in subdivision (o)(1), the petitioner shall be entitled to a rebuttable presumption that the competition standard is satisfied;
(4) The petition shall be subject to an accelerated schedule. The commission must issue its decision on the petition, including its reasons, within ninety (90) days of the filing of the petition;
(5) Unregulated providers of service shall not be required to participate in the commission's docket considering the petition, but, to the extent such competitors intervene, they shall be required to provide discovery responses regarding the activities of the unregulated provider in such rate groups or exchanges. To the extent the petitioner seeks, but is unable to obtain discovery response from intermodal or unregulated providers regarding the competition present in such rate groups or exchanges, the petitioner shall be entitled to a rebuttable presumption that the unregulated provider is offering service in the area that is the subject of the petition;
(6) Whether or not such a petition is filed or granted, the limitations on commission jurisdiction set forth in subsection (n) shall automatically become applicable to all services of a market-regulated provider as of January 1, 2015; and
(7) The petition provided for in this subsection (o) shall be filed no earlier than one (1) year following May 21, 2009.
(p) Notwithstanding this section, providers that elect market regulation shall remain subject to the Tennessee Consumer Protection Act, compiled in title 47, chapter 18.
(q) (1) Each year the commission shall prepare and submit to the general assembly a report describing the competitive nature of the communications market in Tennessee. (2) The report shall, at a minimum, contain the following information: (A) The number of telecommunications providers, including the technology used to provide service; (B) The number of providers by county serving residential subscribers; (C) The number of providers by county serving business subscribers; and (D) The number of customers by customer type. (3) In preparing the report, the commission shall rely on information filed with the commission or available as public information. The commission shall invite all providers of telecommunications services, including companies operating under market regulation, price cap regulation pursuant to this section, rate of return regulation, competitive carriers, wireless carriers, carriers offering voice over internet protocol service, cable operators or other carriers known to provide such service in this state, to provide voluntary reports supplying information relating to the items in subdivision (q)(2) and relating to the services and products offered in this state and any other information the provider volunteers concerning future plans for deployment, new services, new technology or the scope of competition.
(1) Each year the commission shall prepare and submit to the general assembly a report describing the competitive nature of the communications market in Tennessee.
(2) The report shall, at a minimum, contain the following information: (A) The number of telecommunications providers, including the technology used to provide service; (B) The number of providers by county serving residential subscribers; (C) The number of providers by county serving business subscribers; and (D) The number of customers by customer type.
(A) The number of telecommunications providers, including the technology used to provide service;
(B) The number of providers by county serving residential subscribers;
(C) The number of providers by county serving business subscribers; and
(D) The number of customers by customer type.
(3) In preparing the report, the commission shall rely on information filed with the commission or available as public information. The commission shall invite all providers of telecommunications services, including companies operating under market regulation, price cap regulation pursuant to this section, rate of return regulation, competitive carriers, wireless carriers, carriers offering voice over internet protocol service, cable operators or other carriers known to provide such service in this state, to provide voluntary reports supplying information relating to the items in subdivision (q)(2) and relating to the services and products offered in this state and any other information the provider volunteers concerning future plans for deployment, new services, new technology or the scope of competition.
(r) In the event that a carrier has elected market regulation and later chooses to exit the business of providing local exchange telephone service in an exchange by selling all of its network in that exchange to another entity, then the following shall apply: (1) If the purchasing entity is a certificated carrier of local exchange telephone service in this state, then no regulatory requirements shall apply, except that nothing in this section shall preclude the exercise of commission jurisdiction as set forth in subsection (m); and (2) Any purchasing entity that applies for a certificate in connection with a sale of the type described in this section shall be subject to no greater standards than those applied by the commission for other entities seeking certification pursuant to § 65-4-201 ; and a commission order granting or denying the certificate, including appropriate findings of fact and conclusions of law, shall be entered no later than thirty (30) days from the filing of the application.
(1) If the purchasing entity is a certificated carrier of local exchange telephone service in this state, then no regulatory requirements shall apply, except that nothing in this section shall preclude the exercise of commission jurisdiction as set forth in subsection (m); and
(2) Any purchasing entity that applies for a certificate in connection with a sale of the type described in this section shall be subject to no greater standards than those applied by the commission for other entities seeking certification pursuant to § 65-4-201 ; and a commission order granting or denying the certificate, including appropriate findings of fact and conclusions of law, shall be entered no later than thirty (30) days from the filing of the application.
(s) Notwithstanding any other laws to the contrary, including, but not limited to, subsections (c) and (j), the earnings of an incumbent local exchange company operating under rate of return regulation shall not be considered in setting initial rates under this section for an incumbent local exchange company implementing a price regulation plan after January 1, 2009.
(t) Notwithstanding any law to the contrary, any certificated provider of local exchange telephone service subject to market regulation may, at its election, file a tariff with the commission governing the rates, terms and conditions of any of its services. Such filed tariff shall become effective upon filing and be deemed approved, unless rejected by the commission upon finding that the tariff violates applicable law within twenty-one (21) days of filing. The approval of a tariff under this subsection (t) shall constitute publication and notice to consumers of the provisions of the tariff, specifically those provisions governing carrier and consumer liability, for purposes of the filed rate doctrine. Unless rejected as provided herein, such tariffs shall constitute binding tariffs to the same extent as tariffs of other providers not subject to market regulation, including application of the filed rate doctrine, and shall be subject to the rules and regulations of the commission governing customer notices to the same extent as such rules apply to providers not subject to market regulation.
(u) The regulatory commission is prohibited from creating any new programs mandating discounts on retail telecommunications services or equipment without providing reimbursement to carriers. Any such unfunded discount program mandated by rules or orders of the regulatory commission or public service commission that was in place as of March 26, 2013, shall terminate sixty (60) days following March 26, 2013. Nothing in this subsection (u) shall apply to existing regulatory commission programs providing services for individuals who are deaf or hard of hearing.
(v) The regulatory commission shall not impose any requirements relating to issuance or maintenance of a certificate pursuant to § 65-4-201 on any market-regulated entity or on any affiliate of a market-regulated entity.
Amended by 2019 Tenn. Acts, ch. 329, s 2, eff. 5/8/2019.
Amended by 2013 Tenn. Acts, ch. 61, Secs.s 2, s 3, s 4 eff. 3/26/2013.
Acts 1995, ch. 408, § 10; T.C.A. § 65-5-209; Acts 2005, ch. 71, § 1; 2009 , ch. 278, §§ 2, 3; 2010 , ch. 973, § 1.
Tenn. Code Ann. § 65-30-108 — TN Code / Title 65 / Chapter 30 / Section 65-30-108
Duties of radio common carriers
Status: in_force

(a) Each radio common carrier shall provide safe and adequate service, equipment and facilities for the operation of its system. (b) No radio common carrier shall demand or receive a greater or less or different compensation for providing service than the rates and charges specified in the tariff filed and approved by the commission. (c) Every radio common carrier shall obey and comply with every rule and regulation and order adopted by the commission under this chapter. Acts 1972, ch. 641, § 10; T.C.A., § 65-3010; Acts 1995, ch. 305, § 40.
(a) Each radio common carrier shall provide safe and adequate service, equipment and facilities for the operation of its system.
(b) No radio common carrier shall demand or receive a greater or less or different compensation for providing service than the rates and charges specified in the tariff filed and approved by the commission.
(c) Every radio common carrier shall obey and comply with every rule and regulation and order adopted by the commission under this chapter.
Acts 1972, ch. 641, § 10; T.C.A., § 65-3010; Acts 1995, ch. 305, § 40.
Tenn. Code Ann. § 65-10-106 — TN Code / Title 65 / Chapter 10 / Section 65-10-106
Payment into court by railroad
Status: in_force

If, after notice provided for in § 65-10-105 , the principal contractor shall bring suit against the railroad company, the latter may relieve itself by paying into court the amount so claimed, and the person giving such notice shall be summoned to contest the matter with the principal contractor, and such judgment be rendered thereon as the right may appear. Acts 1883, ch. 220, § 3; Shan., § 3575; Code 1932, § 7997; T.C.A. (orig. ed.), § 65-1006.
If, after notice provided for in § 65-10-105 , the principal contractor shall bring suit against the railroad company, the latter may relieve itself by paying into court the amount so claimed, and the person giving such notice shall be summoned to contest the matter with the principal contractor, and such judgment be rendered thereon as the right may appear.
Acts 1883, ch. 220, § 3; Shan., § 3575; Code 1932, § 7997; T.C.A. (orig. ed.), § 65-1006.
Tenn. Code Ann. § 65-4-126 — TN Code / Title 65 / Chapter 4 / Section 65-4-126
State policy on using energy more efficiently
Status: in_force

The general assembly declares that the policy of this state is that the Tennessee public utility commission will seek to implement, in appropriate proceedings for each electric and gas utility, with respect to which the commission has rate making authority, a general policy that ensures that utility financial incentives are aligned with helping their customers use energy more efficiently and that provides timely cost recovery and a timely earnings opportunity for utilities associated with cost-effective measurable and verifiable efficiency savings, in a way that sustains or enhances utility customers' incentives to use energy more efficiently. Acts 2009, ch. 531, § 53.
The general assembly declares that the policy of this state is that the Tennessee public utility commission will seek to implement, in appropriate proceedings for each electric and gas utility, with respect to which the commission has rate making authority, a general policy that ensures that utility financial incentives are aligned with helping their customers use energy more efficiently and that provides timely cost recovery and a timely earnings opportunity for utilities associated with cost-effective measurable and verifiable efficiency savings, in a way that sustains or enhances utility customers' incentives to use energy more efficiently.
Acts 2009, ch. 531, § 53.