reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-114 - Consolidation

Any two (2) or more cooperatives, each of which is hereinafter designated a "consolidating cooperative," may consolidate into a new cooperative, hereinafter designated the "new cooperative," by complying with the following requirements:
(1)
The proposition for the consolidation of the consolidating cooperatives into the new cooperative and proposed articles of consolidation to give effect thereto shall be first approved by the board of directors of each consolidating cooperative. The proposed articles of consolidation shall recite in the caption that they are executed pursuant to this chapter, and shall state:
(A)
The name of each consolidating cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state;
(B)
The name of the new cooperative and the address of its principal office;
(C)
The names and addresses of the persons who shall constitute the first board of directors of the new cooperative;
(D)
The terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner and basis of converting memberships in each consolidating cooperative into memberships in the new cooperative and the issuance of certificates of membership in respect of such converted memberships; and
(E)
Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the new cooperative;
(2)
The proposition for the consolidation of the consolidating cooperatives into the new cooperative and the proposed articles of consolidation approved by the board of directors of each consolidating cooperative shall then be submitted to a vote of the members thereof at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed consolidation. The proposed consolidation and the proposed articles of consolidation shall be deemed to be approved upon the affirmative vote of not less than two-thirds (2/3) of those members of each consolidating cooperative voting thereon at such meeting;
(3)
Upon such approval by the members of the respective consolidating cooperatives, articles of consolidation in the form approved shall be executed and acknowledged on behalf of each consolidating cooperative by its president or vice president and its seal shall be affixed thereto and attested by its secretary. The president or vice president of each consolidating cooperative executing such articles of consolidation shall also make and annex thereto an affidavit stating that this section was duly complied with by such cooperative.
Acts 1961, ch. 330, § 13; T.C.A., §§ 65-2914.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-115 - Merger

Any one (1) or more cooperatives, each of which is hereinafter designated a "merging cooperative," may merge into another cooperative, hereinafter designated the "surviving cooperative," by complying with the following requirements:
(1)
The proposition for the merger of the merging cooperatives into the surviving cooperative and proposed articles of merger to give effect thereto shall be first approved by the board of directors of each merging cooperative and the board of directors of the surviving cooperative. The proposed articles of merger shall recite in the caption that they are executed pursuant to this chapter and shall state:
(A)
The name of each merging cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state;
(B)
The name of the surviving cooperative and the address of its principal office;
(C)
A statement that the merging cooperatives elect to be merged into the surviving cooperative;
(D)
The terms and conditions of the merger and the mode of carrying the same into effect, including the manner and basis of converting the memberships in the merging cooperative or cooperatives into memberships in the surviving cooperative and the issuance of certificates of membership in respect of such converted memberships; and
(E)
Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the surviving cooperative;
(2)
The proposition for the merger of the merging cooperatives into the surviving cooperative and the proposed articles of merger approved by the board of directors of the respective cooperatives, parties to the proposed merger, shall then be submitted to a vote of the members of each such cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed merger. The proposed merger and the proposed articles of merger shall be deemed to be approved upon the affirmative vote of not less than two-thirds (2/3) of those members of each cooperative voting thereon at such meeting;
(3)
Upon such approval by the members of the respective cooperatives, parties to the proposed merger, articles of merger in the form approved shall be executed and acknowledged on behalf of each such cooperative by its president or vice president and its seal shall be affixed thereto and attested by its secretary. The president or vice president of each cooperative executing such articles of merger shall also make and annex thereto an affidavit stating that this section was duly complied with by such cooperative. Such articles of merger and affidavits shall be submitted to the secretary of state for filing as provided in this chapter.
Acts 1961, ch. 330, § 14; T.C.A., § 65-2915.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-116 - Effect of consolidation or merger

The effect of consolidation or merger shall be as follows:
(1)
The several cooperatives, parties to the consolidation or merger, shall be a single cooperative, which, in the case of a consolidation, shall be the new cooperative provided for in the articles of consolidation, and, in the case of a merger, shall be that cooperative designated in the articles of merger as the surviving cooperative, and the separate existence of all cooperatives, parties to the consolidation or merger, except the new or surviving cooperative, shall cease;
(2)
Such new or surviving cooperative shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a cooperative organized under this chapter, and shall possess all the rights, privileges, immunities and franchises as well of a public as of a private nature, and all property, real and personal, applications for membership, all debts due on whatever account, and all other choses in action, of each of the consolidating or merging cooperatives, and furthermore all and every interest of, or belonging or due to, each of the cooperatives so consolidated or merged, shall be taken and deemed to be transferred to and vested in such new or surviving cooperative without further act or deed; and the title to any real estate, or any interest therein, under the laws of this state vested in any such cooperatives shall not revert or be in any way impaired by reason of such consolidation or merger;
(3)
Such new or surviving cooperative shall thenceforth be responsible and liable for all of the liabilities and obligations of each of the cooperatives so consolidated or merged, and any claim existing, or action or proceeding pending, by or against any of such cooperatives may be prosecuted as if such consolidation or merger had not taken place, but such new or surviving cooperatives may be substituted in its place;
(4)
Neither the rights of creditors nor any liens upon the property of any such cooperatives shall be impaired by such consolidation or merger; and
(5)
In the case of a consolidation, the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative; and in the case of a merger, the articles of incorporation of the surviving cooperative shall be deemed to be amended to the extent, if any, that changes in the articles of incorporation of the surviving cooperative are provided for in the articles of merger.
Acts 1961, ch. 330, § 15; T.C.A, § 65-2916.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-119 - Filing of articles of incorporation, etc

Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, as the case may be, when executed and acknowledged and accompanied by such affidavits as may be required by applicable provisions of this chapter, shall be presented to the secretary of state for filing in the records of the office of the secretary of state. If the secretary of state shall find that the articles presented conform to the requirements of this chapter, the secretary of state shall, upon the payment of the fees as in this chapter provided, file the articles so presented in the records of the office of the secretary of state and, upon such filing, the incorporation, amendment, consolidation, merger, conversion or dissolution provided for therein shall be in effect. The secretary of state immediately upon the filing in the office of the secretary of state of any articles pursuant to this chapter shall transmit a certified copy thereof to the county clerk of the county in which the principal office of each cooperative or corporation affected by such incorporation, amendment, consolidation, merger, conversion, or dissolution shall be located. The clerk of any county, upon receipt of any such certified copy, shall file and index the same in the records of the clerk's office, but the failure of the secretary of state or of a clerk of a county to comply with this section shall not invalidate such articles. This section shall also apply to certificates of election to dissolve and affidavits of compliance executed pursuant to §
65-29-118(b)(2)
.
Acts 1961, ch. 330, § 19; T.C.A., § 65-2919.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-120 - Filing fees

The secretary of state shall charge and collect for the filing of:
(1)
Articles of incorporation, twenty-five dollars ($25.00);
(2)
Articles of amendment, fifteen dollars ($15.00);
(3)
Articles of consolidation or merger, fifteen dollars ($15.00);
(4)
Articles of conversion, fifteen dollars ($15.00);
(5)
Certificate of election to dissolve, fifteen dollars ($15.00);
(6)
Articles of dissolution, fifteen dollars ($15.00); and
(7)
Certificate of change of principal office, five dollars ($5.00).
Acts 1961, ch. 330, § 28; T.C.A., § 65-2920.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-121 - Use of revenue

(a)
Revenues of a corporation for any fiscal year may be used to:
(1)
Defray expenses of the cooperative and of the operation and maintenance of its facilities during such fiscal year;
(2)
Pay the interest and principal obligations of the cooperative coming due in such fiscal year;
(3)
Finance, or to provide a reserve for the financing of, the construction or acquisition by, the cooperative of additional facilities to the extent determined by the board of directors;
(4)
Provide a reasonable reserve for working capital;
(5)
Provide a reserve for the payment of indebtedness of the cooperative maturing more than one (1) year after the date of issuance of such indebtedness in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year;
(6)
Provide a fund for education and the dissemination of information concerning the effective use of telephone service and other services made available by the cooperative; and
(7)
Provide reserves against the contingencies of catastrophe or calamity, including, but not limited to, ice breaks, cyclone, tornado, high winds, snows, etc.; reserves for bad debt losses, major service losses, such as discontinuance of service by large plants or government installations with a large number of telephones.
(b)
All operating revenues in excess of the amounts necessary to pay expenses of operating and maintenance of its facilities and interest during the fiscal year shall be distributed by the cooperative to its patrons as either:
(1)
A refund to the patrons, which refund may in the discretion of the governing body be:
(A)
A credit on the books of the cooperative as a capital credit;
(B)
In cash; or
(C)
A combination of subdivisions (b)(1)(A) and (B); or
(2)
A general rate reduction.
(c)
The amount of each individual patron's credit as in subdivision (b)(1) shall be the same percentage of the total funds available for credit to patrons as such patron contributed to the total patronage of the cooperative for the period involved.
Acts 1961, ch. 330, § 20; 1973, ch. 157, § 2; T.C.A., § 65-2921.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-123 - Nonliability of members for debts of cooperative

The private property of the members of a cooperative shall be exempt from execution for the debts of the cooperative, and no member shall be liable or responsible for any debts of the cooperative.
Acts 1961, ch. 330, § 22; T.C.A., § 65-2923.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-124 - Mortgages

Any mortgage, deed of trust, or other instrument executed by a cooperative or foreign corporation transacting business in this state pursuant to this chapter, which, by its terms, creates a lien upon real and personal property then owned or after-acquired, and which is recorded as a mortgage of real property in any county in which such property is located or is to be located, shall have the same force and effect as if the mortgage, deed of trust, or other instrument were also recorded or filed in the proper office in such county as a mortgage of personal property. Recordation of any such mortgage, deed of trust, or other instrument shall cause the lien thereof to attach to all after-acquired property of the mortgagor of the nature therein described as being mortgaged or pledged thereby immediately upon the acquisition of such property by the mortgagor, and such lien shall be superior to all claims of creditors of the mortgagor and purchasers of such property and to all other liens, except liens of prior record and tax liens, affecting such property.
Acts 1961, ch. 330, § 23; T.C.A., § 65-2924.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-125 - Exercise of eminent domain

(a)
No property which is owned or held for public use, nor any interest therein, shall be condemned pursuant to the authority granted in §
65-29-104
if in the judgment of the court the condemnation of such property or interest therein will obstruct, prevent, burden, interfere with, or unduly inconvenience the continued use of such property for the public use of which it is devoted at the time the same is sought to be condemned. Where title to any property sought to be condemned is defective, it shall be passed by decree of court. Where condemnation proceedings become necessary, the court in which such proceedings are filed shall, upon application by the cooperative and upon the posting of a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property, order that the right of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just. In cases where condemnation of property already devoted to a public use is sought, no order as to right of possession shall issue until it is finally determined that the condemnor is entitled to condemn such property.
(b)
(1)
If such cooperative or company has actually taken possession of land, occupying it for the purpose of internal improvement, without condemnation or without the consent of the owner, the owner of such land may petition for a jury of inquest, in which case the same proceedings may be had, as near as may be, as set out in title 29, chapter 16, or amendments thereto; or the owner may sue for damages in the ordinary way, in which case the jury shall lay off the land in metes and bounds and assess the damages, as upon the trial of an appeal from the return of a jury of inquest.
(2)
The owner of land shall, in such cases, commence proceedings within twelve (12) months after the land has been actually taken possession of, and the work of the proposed internal improvement begun; saving, however, to unknown owners and nonresidents, twelve (12) months after actual knowledge of such occupation, not exceeding three (3) years, and saving to persons under the disabilities of infancy and unsoundness of mind, twelve (12) months after such disability is removed, but not exceeding ten (10) years.
Amended by 2014 Tenn. Acts, ch. 927,s 14, eff. 5/16/2014.
Acts 1961, ch. 330, § 24; T.C.A., § 65-2925.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-126 - Waiver of notice

Whenever any notice is required to be given under this chapter or under the articles of incorporation or bylaws of a cooperative, waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time fixed for the giving of such notice, shall be deemed equivalent to such notice. If a person entitled to notice of a meeting shall attend such meeting, such attendance shall constitute a waiver of notice of the meeting, except in case the attendance is for the express purpose of objecting to the transaction of any business because the meeting shall not have been lawfully called or convened.
Acts 1961, ch. 330, § 25; T.C.A., § 65-2926.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-127 - Acknowledgments by officers, directors or members

No person who is authorized to take acknowledgments under the laws of this state shall be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which it is a party, by reason of being an officer, director, or member of such cooperative.
Acts 1961, ch. 330, § 26; T.C.A., § 65-2927.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-128 - Foreign corporations

Any corporation organized on a nonprofit or a cooperative basis for the purpose of supplying telephone service and owning or operating telephone service lines in a state adjacent to this state shall be permitted to construct or acquire extensions of such lines and to transact business in this state without complying with any statute of this state pertaining to the qualification of foreign corporations for the transaction of business in this state. Any such foreign corporation, as a prerequisite to the construction or operation of such extension of its lines into and the transaction of business in this state, shall, by an instrument executed and acknowledged in its behalf by its president or vice president under its corporate seal attested by its secretary, designate the secretary of state its agent to accept service of process in its behalf. In the event any process shall be served upon the secretary of state, the secretary of state shall forthwith forward the same by registered mail to such corporation at the address thereof specified in such instrument. After such designation, such corporation may sue and be sued in the courts of this state and shall have all the rights, powers, privileges and immunities of a cooperative.
Acts 1961, ch. 330, § 27; T.C.A., § 65-2928.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-129 - No exemption from ad valorem taxes

Nothing in this chapter shall be construed to exempt cooperatives and foreign corporations furnishing telephone service in this state pursuant to this chapter from ad valorem property taxes. Assessment schedules for such property shall be filed with the comptroller of the treasury. Cooperatives and foreign corporations shall also be subject to the sales and use tax under title 67, chapter 6. The payment of the above taxes shall be in lieu of all other taxes unless it is otherwise specifically provided by law.
Acts 1961, ch. 330, § 29; T.C.A., § 65-2929; Acts 1989, ch. 312, § 2; 1995, ch. 305, § 38.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-130 - Jurisdiction of Tennessee public utility commission

(a)
Cooperatives and foreign corporations engaged in rendering telephone service in this state pursuant to this chapter fall within the jurisdiction of the Tennessee public utility commission for the sole and specific purposes as set out below:
(1)
The establishment of territorial boundaries;
(2)
The hearing and determining of disputes arising between one (1) telephone cooperative and other telephone cooperatives, and between telephone cooperatives and any other type of person, corporation, association, or partnership rendering telephone service, relative to and concerning territorial disputes; and
(3)
The approval of sales and purchases of operating telephone properties.
(b)
Cooperatives and foreign corporations engaged in rendering telephone service in this state pursuant to this chapter fall within the jurisdiction of the comptroller of the treasury for the sole and specific purpose of assessing the cooperative property for ad valorem taxes as provided in §
65-29-129
.
(c)
Either party shall have the right of appeal from any ruling, order or action by the commission or the comptroller of the treasury under the procedures established by §§
4-5-322
and
4-5-323
.
Amended by 2017 Tenn. Acts, ch. 94, Secs.s 61, s 62eff. 4/4/2017.
Acts 1961, ch. 330, § 30; T.C.A., § 65-2930; Acts 1995, ch. 305, § 39.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-131 - Securities act exemption

Title 48, chapter 16 shall not apply to any note, bond, or other evidence of indebtedness issued by any cooperative or foreign corporation transacting business in this state pursuant to this chapter to the United States or any agency or instrumentality thereof, or to any mortgage or deed of trust executed to secure the same. Title 48, chapter 16, as amended, shall not apply to the issuance of membership certificates or equity certificates by any cooperative or any such foreign corporation.
Acts 1961, ch. 330, § 31; T.C.A., § 65-2931.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-132 - Construction of chapter

This chapter shall be construed liberally. The enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.
Acts 1961, ch. 330, § 32; T.C.A., § 65-2932.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-133 - Cooperative elections - Criminal penalties

(a)
It is a Class C misdemeanor in such cooperative elections to:
(1)
Commit any act prohibited in title 2, chapter 19, part 1;
(2)
Prepare more ballots than the number of accounts or eligible members of the cooperative holding the election;
(3)
Violate the rules or bylaws of the cooperative relative to voting; or
(4)
Otherwise engage in any fraudulent conduct in conducting such elections.
(b)
Any action under this section shall be brought in the criminal court of the county in which the election is conducted, as, notwithstanding title 2, chapter 17, shall any action challenging an action under §
65-29-109
, relative to the filling of an office specified in §
65-29-111
.
Acts 1985, ch. 316, § 1; 1989, ch. 591, § 113.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 30 - RADIO COMMON CARRIERS (§§ 65-30-101 — 65-30-112) › Section 65-30-101 - Short title

This chapter shall be known, and may be cited, as the "State Radio Common Carrier Act."
Amended by 2017 Tenn. Acts, ch. 94,s 63, eff. 4/4/2017.
Acts 1972, ch. 641, § 1; T.C.A., § 65-3001.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 30 - RADIO COMMON CARRIERS (§§ 65-30-101 — 65-30-112) › Section 65-30-102 - Declaration of public policy

Upon investigation, the general assembly has determined that the rates, services and operations of radio common carriers are affected with a public interest, and it is hereby declared to be the policy of this state to provide fair regulation of such carriers in the interest of the public, to promote adequate, economical and efficient radio common carrier service to citizens and residents of this state; to provide just and reasonable rates and charges for radio common carrier services without unjust discrimination, undue preferences or advantages, or unfair or destructive competitive practices; to encourage and promote harmony between radio common carriers and their subscribers; to cooperate with other states and with the federal government in promoting and coordinating efforts to effectively regulate radio common carriers in the public interest; and to these ends, to vest authority in the Tennessee public utility commission to regulate radio common carriers generally and their rates, services and operations, in the manner and in accordance with the policies set forth in this chapter. This chapter shall not apply to operations of radio or television broadcast stations licensed and regulated by the federal communications commission.
Acts 1972, ch. 641, § 2; T.C.A., § 65-3002; Acts 1995, ch. 305, § 40.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 30 - RADIO COMMON CARRIERS (§§ 65-30-101 — 65-30-112) › Section 65-30-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commission" means the Tennessee public utility commission;
(2)
"Radio common carrier" and "carrier" includes any person, firm, corporation, company, association or partnership owning, operating or managing a business of providing radio services to the public on a for-hire basis and under such circumstances as would require a license by the federal communications commission as a miscellaneous common carrier in the domestic public land mobile radio service; provided, that such definition does not include land line telephone or telegraph utilities regulated by the commission or to community antenna television systems; and
(3)
"Radio common carrier system" means any facility within this state which is operated to perform for hire the service of radio communications to members of the public who subscribe to such service; and "facility," as used in this subsection (3), includes all real property, stations, antennae, radios, receivers, transmitters, instruments, appliances, fixtures and other personal property used by a radio common carrier in providing service to its subscribers.
Acts 1972, ch. 641, § 3; T.C.A., § 65-3003; Acts 1995, ch. 305, § 40.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 30 - RADIO COMMON CARRIERS (§§ 65-30-101 — 65-30-112) › Section 65-30-104 - Applicability of chapter

(a)
This chapter relates only to "radio common carriers" as defined in §
65-30-103
and shall not apply to mobile radio telephone service offered by land line telephone or telegraph utilities regulated by the commission.
(b)
This chapter shall not apply to operations of radio or television broadcast stations licensed and regulated by the federal communications commission.
Acts 1972, ch. 641, § 5; T.C.A., § 65-3005; Acts 1995, ch. 305, § 40.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 30 - RADIO COMMON CARRIERS (§§ 65-30-101 — 65-30-112) › Section 65-30-107 - Rates

The commission shall prescribe just and reasonable rates, charges and classifications for the services rendered by a radio common carrier to subscribers. Tariffs shall be in such form and filed and published in such manner and on such notice as the commission may prescribe.
Acts 1972, ch. 641, § 9; T.C.A., § 65-3009; Acts 1995, ch. 305, § 40.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 30 - RADIO COMMON CARRIERS (§§ 65-30-101 — 65-30-112) › Section 65-30-108 - Duties of radio common carriers

(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.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 30 - RADIO COMMON CARRIERS (§§ 65-30-101 — 65-30-112) › Section 65-30-109 - Abandonment

No radio common carrier shall abandon all or any part of its system or other property necessary or useful in the performance of its duties to the public, or discontinue or temporarily suspend all or any part of the service which it is rendering to the public by the use of same, without first obtaining the approval of the commission. In granting such approval, the commission may impose such terms, conditions or requirements as in its judgment are necessary to protect the public interest.
Acts 1972, ch. 641, § 11; T.C.A., § 65-3011; Acts 1995, ch. 305, § 40.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 30 - RADIO COMMON CARRIERS (§§ 65-30-101 — 65-30-112) › Section 65-30-110 - Interconnection with land line telephone utility

Whenever the commission finds that public convenience and necessity require the interconnection of the radio communications facilities of a certificated radio common carrier with the telephone facilities of a land line telephone utility serving all or part of the certificated territory of the radio common carrier, and that such common carrier and land line telephone utility have failed to agree upon such interconnection or the terms and conditions or compensation for the same, the commission may, upon petition of either party, order that such interconnection be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for such interconnection.
Acts 1972, ch. 641, § 12; T.C.A., § 65-3012; Acts 1995, ch. 305, § 40.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 30 - RADIO COMMON CARRIERS (§§ 65-30-101 — 65-30-112) › Section 65-30-111 - Supervision and regulation

The supervision, control and regulation of public utilities are provided for under chapter 4 of this title and these provisions, and specifically, chapter 4, part 3 of this title, shall apply to radio common carriers.
Acts 1972, ch. 641, § 13; T.C.A., § 65-3013.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 30 - RADIO COMMON CARRIERS (§§ 65-30-101 — 65-30-112) › Section 65-30-112 - Penalty

Any person or the officer, agent or employee of any organization who willfully violates any provisions of this chapter or of any rule, regulation or order adopted thereunder, or who willfully procures, aids or abets any violation of such a provision, commits a Class C misdemeanor. Each day's violation is a separate offense.
Acts 1972, ch. 641, § 14; T.C.A., § 65-3014; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-101 - Short title

This chapter may be cited as the "Underground Utility Damage Prevention Act."
Acts 1978, ch. 692, § 1; T.C.A., § 65-3201.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-103 - Permits do not relieve liability

A permit issued pursuant to law authorizing excavation or demolition operations shall not be deemed to relieve a person from the responsibility for complying with this chapter.
Acts 1978, ch. 692, § 3; T.C.A., § 65-3203.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-104 - Excavations without ascertainment of underground utilities prohibited

(a)
Except as provided in §
65-31-109
, no person may excavate in a street, highway, public space, a private easement of an operator or within one hundred feet (100') of the edge of the pavement of a street or highway, or demolish a building, without giving the notice required by §
65-31-106
in the manner prescribed by such section.
(b)
A general DIG certificate shall be issued for agricultural land as defined in §
67-5-1004
that lies outside a street, highway, public space or a private easement of an operator but within one hundred feet (100') of the edge of the pavement of a street or highway when no utilities are located within that area. The general certificate shall be valid until title to the land is transferred or until a utility line is located within the area.
Acts 1978, ch. 692, § 4; T.C.A., § 65-3204; Acts 1993, ch. 223, §4; 2007 , ch. 218, §§ 2, 3, 5.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-105 - Filing requirements for utility operators

(a)
Each operator, except operators participating in a one-call service, having underground facilities in a county, including those facilities that have been abandoned in place by the operator but not yet physically removed, shall file a notice with the register of deeds of the county that states that the operator has underground utilities located in that county, the name of the operator and the name, title, address, telephone number and electronic mail (e-mail address), if the representative has an e-mail address, of its representative designated to receive the written, telephonic or e-mail notice of intent required by §
65-31-106
. It is only necessary that such notice shall consist of the fact that the operator possesses underground facilities in the listed counties. It is not necessary that the operator list the exact physical location of each and every item of its underground facilities in such counties.
(b)
Changes in any of the information contained in the list filed under subsection (a) shall be filed by the operator with the register of deeds of the county, or the register of deeds of each county in which these utilities are located, within thirty (30) working days of the change.
(c)
A filing fee as determined by the register of deeds may accompany the filing. These filings shall be filed and an index shall be maintained and kept up to date by the register's office.
(d)
The register of deeds shall, within one (1) working day, furnish to the party requesting such information, in writing when requested, a list of all operators having filed notices pursuant to subsection (a) and all other information regarding each such operator that has been filed with the register of deeds in accordance with subsection (a). When submitted in writing by the register of deeds, the information shall also include the name of the requesting party, and the date and time the register of deeds received the request from the requesting party.
(e)
After March 27, 1978, operators shall maintain records and drawings of all changes and additions to its underground facilities.
(f)
All underground utilities owned by an operator that are installed on or after January 1, 2017, shall be installed in a manner that will make those underground utilities locatable using a generally accepted electronic locating method.
Amended by 2015 Tenn. Acts, ch. 488, s 2, eff. 5/20/2015.
Acts 1978, ch. 692, § 5; T.C.A., § 65-3205; Acts 1993, ch. 223, §§5-7; 2006, ch. 686, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-109 - Emergency excavation or demolition

(a)
Compliance with the notice requirements of §
65-31-106
is not required of a person responsible for emergency excavation or demolition if such person gives, as soon as practicable, sufficient written, telephonic, or electronic notice of the emergency excavation or demolition to each operator having underground utilities located in the area or to the one-call service that serves an operator where such excavation or demolition is to be performed and requests emergency assistance from each operator so identified in locating and providing immediate protection to the operator's underground utilities.
(b)
An excavator providing a misrepresentation of an emergency relative to a notice of excavation or demolition as stated in subsection (a) is subject to civil penalties under §
65-31-112
.
(c)
For the purposes of this section, repair or replacement of an existing traffic control device at its existing location and existing depth is considered an emergency, and compliance with the notice requirements of this section and §
65-31-106
is not required of any local or state government responding to the emergency repair or replacement of a traffic control device.
Amended by 2024 Tenn. Acts, ch. 628,s 6, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 488, s 4, eff. 5/20/2015.
Acts 1978, ch. 692, § 9; T.C.A., § 65-3209; Acts 1993, ch. 223, § 15; 1999, ch. 73, § 5.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-110 - Precautions to avoid damage

In addition to the notification requirements of §
65-31-106
, each person responsible for any excavation or demolition operation designated in §
65-31-104
shall:
(1)
Plan the excavation or demolition to avoid damage to and minimize interference with underground utilities in and near the construction area;
(2)
Maintain a clearance between an underground utility and the cutting edge or point of any mechanized equipment in accordance with §
65-31-108(b) and (d)
, taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such utility;
(3)
Provide such support and protection for underground utilities in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such utilities; and
(4)
Each utility, regardless of the use or material, shall be installed with sufficient clearance to permit the maintenance of existing utilities, and to protect against damage to existing utilities.
Acts 1978, ch. 692, § 10; T.C.A., § 65-3210; Acts 1993, ch. 223, §§ 16-18; 2001, ch. 120, §§ 1, 2.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-111 - Notice of excavation or demolition damage

(a)
Except as provided by subsection (b), each person responsible for any excavation or demolition operation described in §
65-31-104
that results in any damage to an underground utility shall, immediately upon discovery of the damage, submit a damage notice to the one-call service, notify the operator of the utility of the location and nature of the damage, and allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the utility.
(b)
If an excavation or demolition results in damage to an underground utility that permits the escape of any flammable, toxic, or corrosive gas or liquid, then the person damaging the underground utility shall, immediately upon discovery of the damage, notify the operator, notify police and fire departments through the 911 service or other emergency communications system, submit a damage notice to the one-call service, and take any other action as may be reasonably necessary to protect persons and property and to minimize the hazards until arrival of the operator or police and fire departments.
(c)
The reporting requirements established in subsections (a) and (b) apply equally to all types of excavation or demolition activities. However, persons engaged in activities described in §
65-31-102(9)(B)(i)-(iv)
are not required to submit a damage notice to the one-call service.
(d)
During initial excavation, if an underground utility is found to be unsound due to deterioration, then the person responsible for excavation shall immediately notify the utility company involved and allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the utility.
(e)
The financial impact of all damages to underground utilities must be calculated using generally accepted accounting principles (GAAP).
(f)
Each operator whose utility facilities have been damaged as described in this section shall report the incident using the Damage Information Reporting Tool (DIRT) utilized by Common Ground Alliance or by filing a damage notice with the one-call system. If a report is made by filing a damage notice with the one-call service, then the one-call service may submit a report of the incident report to DIRT.
Amended by 2021 Tenn. Acts, ch. 307, s 6, eff. 7/1/2021.
Amended by 2015 Tenn. Acts, ch. 488, s 5, eff. 5/20/2015.
Acts 1978, ch. 692, § 11; T.C.A., § 65-3211; Acts 1993, ch. 223, §19; 2006, ch. 686, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-113 - Severability

If any provisions of this chapter or the applicability thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
Acts 1993, ch. 223, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-115 - Powers and duties of board

(a)
The board has the power and authority to:
(1)
Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the conduct of the affairs of the board;
(2)
Adopt a seal for the board, prescribe the style of the seal, and alter the seal at the board's pleasure; and
(3)
Make and enter into contracts.
(b)
The board shall:
(1)
Through its executive committee, initiate investigations and conduct hearings as required by §
65-31-116
;
(2)
Meet a minimum of two (2) times per calendar year;
(3)
Examine data regarding underground utility damage and make recommendations to the general assembly for further updates to this chapter;
(4)
Manage the underground damage prevention fund created by §
65-31-117
;
(5)
Assess its annual operating cost to operators in an amount equal to the amount necessary to offset the cost of investigative and administrative services performed by the Tennessee public utility commission at the direction of the board. The annual operating costs shall be apportioned in a proportional manner and collected by the one-call service from the operators; and
(6)
Subject to the availability of funding in the underground damage prevention fund created by §
65-31-117
, contract with appropriate entities or agencies to conduct training and public awareness for damage prevention.
(c)
(1)
Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the board.
(2)
The board's chair shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (c)(1).
(d)
The executive committee shall review the reasonableness of fees and any subsequent changes to the fees charged to violators by the board's designated provider of compliance training ordered pursuant to §
65-31-112
.
Amended by 2018 Tenn. Acts, ch. 716,s 4, eff. 4/12/2018.
Amended by 2017 Tenn. Acts, ch. 117,s 3, eff. 4/12/2017.
Amended by 2017 Tenn. Acts, ch. 94,s 65, eff. 4/4/2017.
Added by 2015 Tenn. Acts, ch. 488,s 8, eff. 5/20/2015.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-116 - Investigation of complaint of violation of chapter - Issuance of citations - Hearing - Appeal - Petition for review

(a)
Upon receipt of a complaint of a violation of this chapter, the executive committee shall initiate an investigation of the complaint by requesting that the Tennessee public utility commission designate an employee of the commission who will investigate the complaint at the executive committee's direction.
(b)
Any investigator acting at the direction of the executive committee may issue citations for violations of this chapter. Any citation may include a recommendation for the penalty to be assessed under §
65-31-112
.
(c)
If the person to whom the citation is issued under subsection (b) does not pay the citation or submit to ordered training, or both, within thirty (30) days, then the executive committee shall appoint a hearing officer to conduct a hearing and issue an initial order pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The hearing shall be held in the Nashville, Davidson County, offices of the Tennessee public utility commission at the time set forth in the citation notice of hearing.
(d)
An appeal of the initial order pursuant to §
4-5-315
shall be heard by the executive committee.
(e)
A person aggrieved by the final order may, within sixty (60) days, file a petition for judicial review pursuant to §
4-5-322
. In the case of a decision involving an excavation in proximity to underground facilities of a municipally-owned utility located in a county having a population of greater than three hundred thousand (300,000), according to the 2010 federal census or any subsequent federal census, the petition for review shall be filed in the chancery court located in that county. In all other cases, the petition for review shall be filed in the chancery court of Davidson County.
(f)
Nothing in this chapter shall grant the executive committee or the board jurisdiction over damage to utilities located above ground.
Amended by 2018 Tenn. Acts, ch. 716,s 9, eff. 4/12/2018.
Amended by 2017 Tenn. Acts, ch. 94,s 66, eff. 4/4/2017.
Added by 2015 Tenn. Acts, ch. 488,s 8, eff. 5/20/2015.