reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 57 - METROPOLITAN HOSPITAL AUTHORITY ACT (§§ 7-57-101 — 7-57-604) › Part 4 - FINANCIAL MATTERS (§§ 7-57-401 — 7-57-404) › Section 7-57-404 - Failure to conduct audit - Court order - Contempt

In the event any hospital authority shall fail or refuse to provide for an annual audit and have such audit prepared and filed as set forth in §§
7-57-402
and
7-57-403
, or should such audit fail to certify whether or not the hospital authority has operated within its approved annual operating budget and capital budget, the governing body or governing bodies of any creating or participating municipality of such authority may petition the circuit or chancery court of the county wherein the authority operates a hospital to require the authority to have such audit and certification prepared and filed as provided in §§
7-57-402
and
7-57-403
. The judge of the court shall set a time for the hearing of such petition and after notice to the authority shall hear and determine the petition. In the event it is determined that the authority has failed to comply with the provisions relative to the preparation and filing of the audit and certification, the judge shall pass such orders as are necessary to effectuate compliance with the provisions. In the event the authority fails to have an audit and certification prepared and filed as required by the court order, the members of the authority shall be subject to contempt proceedings by the court as provided by law.
Acts 1971, ch. 316, § 18; T.C.A., § 6-4021.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 57 - METROPOLITAN HOSPITAL AUTHORITY ACT (§§ 7-57-101 — 7-57-604) › Part 5 - PRIVATE ACT METROPOLITAN HOSPITAL AUTHORITIES (§§ 7-57-501 — 7-57-504) › Section 7-57-501 - Purpose and policy

(a)
The public purpose and policy set forth in §
7-57-102(a)
is also declared to be applicable to any hospital authority created by private act of the general assembly, sometimes referred to in this part as a "private act metropolitan hospital authority", the principal hospital facilities of which are located in a county in this state with a population greater than two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census. For purposes of this part, "hospital authority" means hospital authorities, hospital districts, and hospitals owned and operated by one (1) or more local governments, directly or through an elected or appointed governing board.
(b)
The general assembly hereby finds that the demand for hospital, medical and health care services is rapidly changing, as is the way and manner in which such services are purchased and delivered; that the market for hospital and health care services is becoming increasingly competitive; and that the hospital and other health care providers need flexibility to be able to respond to changing conditions by having the power to develop efficient and cost-effective methods to provide for hospital, medical and health care needs. The general assembly also finds that the increasing competition and changing conditions force hospitals and other health care providers to develop market strategies and strategic plans to effectively compete. The general assembly further finds that public hospitals in metropolitan areas are presently at a competitive disadvantage, and that significant investments in the public assets of private act metropolitan hospital authorities could be jeopardized by inability to compete with private hospitals because of legal constraints upon the scope of their operations and limitations upon the power granted to public hospitals under existing law.
Acts 1995, ch. 119, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 57 - METROPOLITAN HOSPITAL AUTHORITY ACT (§§ 7-57-101 — 7-57-604) › Part 5 - PRIVATE ACT METROPOLITAN HOSPITAL AUTHORITIES (§§ 7-57-501 — 7-57-504) › Section 7-57-503 - Bidding

(a)
Any private act of the general assembly to the contrary notwithstanding, a private act metropolitan hospital authority shall not be required to bid the purchase or procurement of any goods or services that:
(1)
Are not required to be bid by a county under the County Purchasing Law of 1983, compiled in title 5, chapter 14, part 2;
(2)
Are not required to be bid by a municipality under the Municipal Purchasing Law of 1983, compiled in title 6, chapter 56, part 3;
(3)
Are of a nature that is exempt or otherwise not required to be bid by any municipality or county under any other law of general application of this state.
(b)
A private act metropolitan hospital authority shall not be subject to provisions for the letting of public contracts that may be provided in the charter or governing law of a creating municipality.
Acts 1995, ch. 119, § 3.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 57 - METROPOLITAN HOSPITAL AUTHORITY ACT (§§ 7-57-101 — 7-57-604) › Part 5 - PRIVATE ACT METROPOLITAN HOSPITAL AUTHORITIES (§§ 7-57-501 — 7-57-504) › Section 7-57-504 - Implied powers - Construction

In addition to all of the powers conferred upon it by this part or any other law, a private act metropolitan hospital authority may do any and all things necessary and convenient to carry out the powers expressly granted by this part or any other law. This part shall be construed consistent with §
7-57-107
.
Acts 1995, ch. 119, § 4.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 57 - METROPOLITAN HOSPITAL AUTHORITY ACT (§§ 7-57-101 — 7-57-604) › Part 6 - PRIVATE ACT HOSPITAL AUTHORITY ACT OF 1996 (§§ 7-57-601 — 7-57-604) › Section 7-57-601 - Short title

This part shall be known and may be cited as the "Private Act Hospital Authority Act of 1996."
Acts 1996, ch. 778, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 57 - METROPOLITAN HOSPITAL AUTHORITY ACT (§§ 7-57-101 — 7-57-604) › Part 6 - PRIVATE ACT HOSPITAL AUTHORITY ACT OF 1996 (§§ 7-57-601 — 7-57-604) › Section 7-57-602 - "Private act hospital authority" defined

For the purpose of this part, "private act hospital authority" is any hospital owned or operated by one (1) or more local governments or any hospital, hospital authority or hospital district created or authorized by a private act of the general assembly.
Acts 1996, ch. 778, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 57 - METROPOLITAN HOSPITAL AUTHORITY ACT (§§ 7-57-101 — 7-57-604) › Part 6 - PRIVATE ACT HOSPITAL AUTHORITY ACT OF 1996 (§§ 7-57-601 — 7-57-604) › Section 7-57-603 - Rights and powers of authority - Procurement

A private act hospital authority, as defined in this part, in addition to the rights and powers granted to such authority by any private act of the general assembly or its charter of incorporation, has as supplemental and additional rights and powers, all powers granted to private act metropolitan hospital authorities in part 5 of this chapter. Any powers granted under this part to a private act hospital authority shall not limit or reduce any power granted to a private act hospital authority by a private act of the general assembly or its charter of incorporation. The rights and powers granted to a private act hospital authority by this part shall not be applicable to any hospital that ceases to be either owned or operated by the governing authority or entity established under the hospital's private act. Nothing in this part shall require a private act hospital authority to bid the purchase or procurement of any goods or services that are not required to be bid by the private act creating such private act hospital authority or its charter of incorporation.
Acts 1996, ch. 778, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 57 - METROPOLITAN HOSPITAL AUTHORITY ACT (§§ 7-57-101 — 7-57-604) › Part 6 - PRIVATE ACT HOSPITAL AUTHORITY ACT OF 1996 (§§ 7-57-601 — 7-57-604) › Section 7-57-604 - Sale of hospital - Referendum

With respect to the sale of hospital property, this part shall not be construed or implemented in any manner that abolishes or diminishes the public's opportunity to require a public referendum as authorized by a municipal charter.
Acts 1996, ch. 778, § 2.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 58 - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL (§§ 7-58-101 — 7-58-110) › Section 7-58-101 - Chapter definitions - Approval of systems

(a)
As used in this chapter, unless the context otherwise requires:
(1)
"Approved system" means a solid waste disposal facility that has as its primary purpose the creation and recovery of energy from solid waste, as defined in subdivision (a)(4), and has as a secondary or incidental purpose the recovery of recyclable commodities, and which facility has been approved by the department of environment and conservation under authority granted to it by title 68, chapter 211;
(2)
"Department" means the department of environment and conservation;
(3)
"Resource recovery" means the recovery of material physically and economically suitable for further processing, recycling, and ultimate reuse; and
(4)
"Solid waste" means all municipal, commercial, or industrial solid waste normally collected and disposed of by local governments, such as garbage, rubbish, refuse, and other such similar and related materials, except those excluded by the department, which shall designate as "special waste" any hazardous or other waste it determines should not be processed in an approved system for reasons of public health or safety, or because the nature of the waste is such that it is not suitable for processing in an approved system, and such materials as are normally collected or accepted by private industry for the purpose of recycling and are not normally collected or accepted by local governments.
(b)
The department shall approve, under the terms of this chapter, any system that:
(1)
Is planned to handle solid waste in a manner compatible with the public health and safety;
(2)
Converts a substantial percentage of solid waste into fuel; and
(3)
Conserves resources.
Acts 1976, ch. 488, § 8; T.C.A., § 6-4108.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 58 - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL (§§ 7-58-101 — 7-58-110) › Section 7-58-102 - Authority to participate

The counties, cities, and towns of Tennessee are hereby authorized to participate in applicable approved local, joint or regional solid waste recovery disposal systems.
Acts 1976, ch. 488, § 1; T.C.A., § 6-4101.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 58 - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL (§§ 7-58-101 — 7-58-110) › Section 7-58-103 - Contracting with operators of approved systems

(a)
Whenever the operator of an approved system proposes to take the solid wastes collected by the counties, cities and towns of Tennessee for the purpose of resource and fuel recovery, such counties, cities and towns are authorized, wherever the resource and fuel recovery is found to be desirable by the governing body of such political subdivision, to contract for the delivery of solid wastes to such operator at a designated processing plant or transfer station, including a transfer station constructed and operated by local government or private industry.
(b)
The term of any contract authorized by this section may extend beyond the elected term of the members of the governing body of such political subdivision, but in no event may such term exceed forty (40) years.
Acts 1976, ch. 488, § 2; 1979, ch. 266, § 2; T.C.A., § 6-4102.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 58 - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL (§§ 7-58-101 — 7-58-110) › Section 7-58-104 - Contracting with other counties, cities and towns

(a)
The counties, cities and towns of Tennessee in any combination are authorized to contract with each other for purposes of cooperative solid waste operations under the terms of this chapter.
(b)
The term of any contract authorized by this section may extend beyond the elected term of the members of the governing body of the counties, cities or towns involved, but in no event may such term exceed forty (40) years.
Acts 1976, ch. 488, § 3; 1979, ch. 266, § 3; T.C.A., § 6-4103.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 58 - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL (§§ 7-58-101 — 7-58-110) › Section 7-58-105 - Out-of-state hauling - Regulations applying to inbound waste

Wherever the location of processing plants shall require local governments to haul solid wastes across state lines, such out-of-state hauling is hereby declared to be authorized and to be a valid exercise of the authority of the local governments involved, and likewise solid wastes from out-of-state may be brought into the state of Tennessee for processing in approved systems, such inbound solid waste to be subject to the same handling standards and regulations as solid waste produced within the state.
Acts 1976, ch. 488, § 4; T.C.A., § 6-4104.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 58 - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL (§§ 7-58-101 — 7-58-110) › Section 7-58-106 - Property rights in waste

The solid wastes involved shall become the lawful property of the local governments involved at the point of collection, and in the absence of contractual provisions to the contrary, shall become the property of the operator of an approved system upon delivery to such operator, whether delivery be at a transfer station or at a processing plant.
Acts 1976, ch. 488, § 5; T.C.A., § 6-4105.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 58 - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL (§§ 7-58-101 — 7-58-110) › Section 7-58-107 - Construction and operation of transfer stations

The participating local governments may agree to, build and operate the required transfer stations of such types and at such locations within the state as may be agreed upon by the local governments involved and by the department, and that state solid waste grant-in-aid funds made available to local governments by title 68, chapter 211, are authorized to be used for the construction of such approved transfer stations.
Acts 1976, ch. 488, § 6; T.C.A., § 6-4106.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 58 - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL (§§ 7-58-101 — 7-58-110) › Section 7-58-108 - Assistance of department

The department is authorized to assist any operator or potential operator of an approved system and the local governments involved in the design and location of required transfer stations, and in the design and location of sanitary landfills or other disposal facilities in connection with the transfer stations to dispose of special waste.
Acts 1976, ch. 488, § 7; T.C.A., § 6-4107.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 58 - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL (§§ 7-58-101 — 7-58-110) › Section 7-58-109 - Construction - Supplementary nature of chapter

Nothing in this chapter shall be construed to prohibit local governments or private enterprise from the construction or operation of approved sanitary landfills, or of any other heretofore or hereafter approved solid waste disposal system, it being the intent of this chapter that its provisions shall be supplementary to, and not restrictive of, any previously authorized solid waste disposal system, facility, or operation, nor of any other such system, facility or operation that may be authorized in the future. Nor shall this chapter be interpreted as granting any regulatory authority to the department that is not otherwise granted in other statutes.
Acts 1976, ch. 488, § 9; T.C.A., § 6-4109.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 58 - RESOURCE RECOVERY AND SOLID WASTE DISPOSAL (§§ 7-58-101 — 7-58-110) › Section 7-58-110 - Construction - Activities not prohibited

Nothing in this chapter shall be construed to prohibit private enterprise or other agencies from the construction or operation of recycling plants, or to prohibit the sale or gift of solid wastes to private enterprise or other agencies by local governments.
Acts 1976, ch. 488, § 10; T.C.A., § 6-4110.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 1 - CABLE TELEVISION ACT OF 1977 (§§ 7-59-101 — 7-59-109) › Section 7-59-101 - Short title

This part shall be known and may be cited as the "Cable Television Act of 1977."
Acts 1977, ch. 334, § 1; T.C.A., § 6-4301.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 1 - CABLE TELEVISION ACT OF 1977 (§§ 7-59-101 — 7-59-109) › Section 7-59-103 - Above and below ground cables - Permits

Any cable television company, cable service provider or video service provider incorporated under the laws of this state and any other such company incorporated or operating under the laws of any other state, upon complying with the laws of this state regulating the doing of business in this state by foreign corporations or foreign businesses, may, upon approval of the governing body of the city, county or department construct, maintain and operate its cable over or beneath any of the public lands of this state, but not including the freeway system, which is defined as a fully-controlled access facility, or over or beneath or along any of the highways or public roads of the state or over or beneath any of the waters of the state. The cable television company, cable service provider or video service provider shall, unless previously covered by court decree, where possible and practical, enter into an agreement with the telephone company or electric power distribution company whereby the cable television company, cable or video service provider has a right to attach its cable to the poles owned by the telephone company or electric power company or to bury its cables beneath the ground; provided, that the cable is constructed so as not to endanger the safety of persons or to interfere with the use of the public lands, highways or public roads or the navigation of such waters. The agency charged with the maintenance of the public lands, highways, or along the public lands, highways, public roads or waters of the state shall provide that the cable television company, cable or video service provider obtain a permit prior to placing its cables over, under or along the public lands, highways, public roads or waters. If both electrical and telephone facilities in an area are underground, then the cable television, cable service or video service lines in that area shall also be placed underground. If the cable is located in such a manner so as to contribute to interference with the right of ingress or egress to land that is subject to any easement, the cable television company, cable service or video service provider shall obtain the consent of the landowner, the landowner's heirs or assigns from which the original easement was obtained.
Acts 1977, ch. 334, § 2; 1978, ch. 629, § 1; T.C.A., § 6-4303; Acts 2008, ch. 932, § 21.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 1 - CABLE TELEVISION ACT OF 1977 (§§ 7-59-101 — 7-59-109) › Section 7-59-104 - Relocation of cables and apparatus - Damage to public property

Whenever the agency charged with the maintenance of such public lands, highways or public roads or waters of the state deems it necessary to move or remove the poles or underground conduit of the telephone company or electric power distribution company, the cable television company, cable service or video service provider and its apparatus shall be moved or removed at the cost of the cable television company, cable or video service provider. Whenever damage results to the public highways or roads as a result of operation by a cable television company, cable service or video service provider, the company or provider shall repair the highway or road according to department standards and all costs shall be borne by the cable television company, cable service or video service provider.
Acts 1977, ch. 334, § 3; T.C.A., § 6-4304; Acts 2008, ch. 932, § 22.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 1 - CABLE TELEVISION ACT OF 1977 (§§ 7-59-101 — 7-59-109) › Section 7-59-105 - Damage to private property - Underground installation on private property

(a)
No cable television company, cable service provider or video service provider may damage private property on which the utility pole is located without just compensation to the landowner for the damage suffered to the landowner's property.
(b)
No cable television company, cable service provider or video service provider may install underground wires or underground equipment on private property without the written consent of the property owner. A violation of this subsection (b) is a Class A misdemeanor.
Acts 1977, ch. 334, § 5; T.C.A., § 6-4305; Acts 1989, ch. 591, §§ 1, 6; 2008, ch. 932, § 23.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 1 - CABLE TELEVISION ACT OF 1977 (§§ 7-59-101 — 7-59-109) › Section 7-59-106 - Fees payable by companies operating under grandfather clauses

Any cable television company that shall receive the benefits of operating under the grandfather clauses contained in this part shall pay the county governing body or municipality the same fees as would be charged to a new franchise company by the county or municipality. These fees shall not be inconsistent with the requirements and regulations of the federal communications commission.
Acts 1977, ch. 334, § 6; T.C.A., § 6-4306.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 1 - CABLE TELEVISION ACT OF 1977 (§§ 7-59-101 — 7-59-109) › Section 7-59-107 - Customer complaints - Records

Any cable television company, cable service provider or video service provider locally franchised and operating in this state shall maintain a complete service for the purpose of receiving customer complaints concerning service or any other matter relating to its operations. These companies shall keep written records of complaints received, including the name of the complaining party, the nature of the complaint, and the disposition of the complaint. The records shall be subject to inspection by the governing body granting the franchise.
Acts 1977, ch. 334, § 7; T.C.A., § 6-4307; Acts 2008, ch. 932, § 24.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 1 - CABLE TELEVISION ACT OF 1977 (§§ 7-59-101 — 7-59-109) › Section 7-59-108 - Prohibited activities - Penalties

(a)
It is unlawful for any person, firm, or corporation to make or use any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised cable television system for the purpose of enabling such person, firm, or corporation, or others, to receive or use any television signal, radio signal, picture, program or sound, without payment to the owner of the system.
(b)
It is unlawful for any person, without the consent of the franchise owner, to willfully transfer with, remove, or injure in any manner, cables, wires, or equipment used for the distribution of television signals, radio signals, pictures, programs or sound.
(c)
Any person who willfully violates this section commits a Class C misdemeanor.
(d)
Nothing in this section shall be construed to apply to licensed and certified electrical contractors while performing usual and ordinary service in accordance with recognized standards.
Acts 1977, ch. 334, § 8; T.C.A., § 6-4308; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 2 - OVERLAPPING FRANCHISES (§§ 7-59-201 — 7-59-208) › Section 7-59-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Cable service" means:
(A)
The one-way transmission to subscribers of video programming or other programming service; and
(B)
Subscriber interaction, if any, that is required for the selection of such video programming or other programming service;
(2)
"Cable system" means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community; but "cable system" does not include:
(A)
A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations;
(B)
A facility that serves only subscribers in one (1) or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities use any public right-of-way;
(C)
A facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or
(D)
Any facilities of any electric utility used solely for operating its electric utility system;
(3)
"Franchise" means an initial authorization or renewal of an authorization issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction or operation of a cable system;
(4)
"Franchising authority" means any governmental entity empowered by federal, state, or local law to grant a franchise;
(5)
"Person" means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity; and
(6)
"Video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station or cable system.
Acts 1988, ch. 675, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 2 - OVERLAPPING FRANCHISES (§§ 7-59-201 — 7-59-208) › Section 7-59-203 - More favorable terms prohibited

No municipality or county shall grant any overlapping franchises for cable or video service within its jurisdiction on terms or conditions more favorable or less burdensome than those in any existing cable or video franchise within the municipality or county.
Acts 1988, ch. 675, § 1; 2008, ch. 932, § 26.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 2 - OVERLAPPING FRANCHISES (§§ 7-59-201 — 7-59-208) › Section 7-59-206 - Existing franchises

All cable service franchises in existence on July 1, 1988, shall remain in full force and effect according to their terms.
Acts 1988, ch. 675, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 2 - OVERLAPPING FRANCHISES (§§ 7-59-201 — 7-59-208) › Section 7-59-207 - Renewal of franchises

Nothing in this part shall be construed to alter or amend the process or procedure for renewal of franchises in existence on July 1, 1988.
Acts 1988, ch. 675, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 2 - OVERLAPPING FRANCHISES (§§ 7-59-201 — 7-59-208) › Section 7-59-208 - Franchise requests

This part shall not affect any franchise request filed in an area with an existing franchise prior to July 1, 1988.
Acts 1988, ch. 675, § 2.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 3 - COMPETITIVE CABLE AND VIDEO SERVICES ACT (§§ 7-59-301 — 7-59-318) › Section 7-59-301 - Short title

This part shall be known and may be cited as the "Competitive Cable and Video Services Act."
Acts 2008, ch. 932, § 2.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 3 - COMPETITIVE CABLE AND VIDEO SERVICES ACT (§§ 7-59-301 — 7-59-318) › Section 7-59-302 - Scope of part - Construction

This part creates a fair franchising process for cable and video services and codifies the terms of the franchise in state law. This part does not alter existing state law regarding local control of public rights-of-way or the police powers of local government. This part does not alter or restrict the right of any municipality or county to impose ad valorem taxes, sales taxes, or other taxes of general applicability. This part does not alter or restrict in any manner the application of the Broadband Business Certainty Act of 2006, compiled in title 65, chapter 5, part 2. This part does not alter in any manner the provisions contained in chapter 52, part 6 of this title. This part does not alter or apply in any manner to wholesale telecommunications access by competitive local exchange carriers. It is the intent of this part to confer a limited role on the Tennessee public utility commission, referred to in this part as the "department", which will be ministerial and narrowly construed, except to the extent otherwise specifically provided for in this part, and no rulemaking authority is provided by this part.
Amended by 2017 Tenn. Acts, ch. 94,s 16, eff. 4/4/2017.
Acts 2008, ch. 932, § 3.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 3 - COMPETITIVE CABLE AND VIDEO SERVICES ACT (§§ 7-59-301 — 7-59-318) › Section 7-59-307 - Restrictions to specified entities concerning negotiating cable or video services - Retail interconnected voice over Internet protocol service

(a)
Nothing in this part confers authority upon a municipality or county to require any cable or video service provider to negotiate a local cable or video service franchise agreement with a municipality or county.
(1)
The decision to choose whether to utilize either a state-issued certificate of franchise authority or a local franchise is within the sole discretion of the cable or video service provider.
(2)
(A)
In the event an entity or person is providing cable or video service on July 1, 2008, under a local franchise previously granted by a municipality or county that has expired, the entity or person shall, as a condition of continuing to provide cable or video service within the municipality or county, either negotiate a renewal of an expired local franchise agreement or apply for a state-issued certificate of franchise authority.
(B)
In the event that a municipality or county is unable to successfully negotiate a renewal of an expired local franchise with an incumbent provider within one hundred eighty (180) days after July 1, 2008, a municipality or county may require the incumbent provider to seek a state-issued certificate of franchise authority. The submission of an application for a state-issued certificate of franchise authority shall constitute interim authority to continue to provide service pending action by the department.
(b)
Part 1 of this chapter is specifically preserved for providers who seek a local franchise. Parts 1 and 2 of this chapter, including, but not limited to, the provisions prohibiting more favorable terms in §
7-59-203
, shall have no application to the state-issued certificate of franchise authority established in this part, and parts 1 and 2 of this chapter shall not apply in any manner or impose restrictions or obligations upon the holder operating under a state-issued certificate of franchise authority.
(c)
No municipality, county, franchising authority, state agency, or political subdivision of the state may impose any additional requirements or request anything of value not provided under this part or any other state law on the provision of cable or video service by any cable or video service provider operating under a state-issued certificate of franchise authority within its jurisdiction, including, but not limited to, any requirement regulating rates charged by the cable or video service provider or any requirement to deploy any facility or equipment.
(d)
No franchising authority, state agency, municipality, county or political subdivision of the state is authorized to regulate the provision of retail interconnected voice over Internet protocol service.
Acts 2008, ch. 932, § 8.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 3 - COMPETITIVE CABLE AND VIDEO SERVICES ACT (§§ 7-59-301 — 7-59-318) › Section 7-59-315 - [Repealed] [Repealed]

Repealed by 2017 Tenn. Acts, ch. 228, s 5, eff. 4/24/2017.
Amended by 2013 Tenn. Acts, ch. 204, s 5, eff. 4/23/2013.
Acts 2008 , ch. 932, § 16.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 3 - COMPETITIVE CABLE AND VIDEO SERVICES ACT (§§ 7-59-301 — 7-59-318) › Section 7-59-317 - Notices to affected local governments

A holder of a state-issued certificate of franchise authority shall provide affected local governments with notices as provided in this section, which notices shall include at a minimum:
(1)
Notice of filing of an application for a state-issued certificate of franchise authority, contemporaneously with the filing of the application;
(2)
Notice of offering service for purchase in an affected county or municipality, ten (10) days prior to providing service;
(3)
Notice of filing of an amendment to its application or its previously granted state-issued certificate of franchise authority, contemporaneously with the filing of the amendment with the department;
(4)
Notice of its intent to transfer its state-issued certificate of franchise authority to a successor in interest at least ten (10) days prior to the consummation of the transaction; and
(5)
Notice of termination of a state-issued certificate of franchise authority, contemporaneously with the filing of the notice with the department.
Acts 2008, ch. 932, § 18.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 59 - CABLE TELEVISION (§§ 7-59-101 — 7-59-318) › Part 3 - COMPETITIVE CABLE AND VIDEO SERVICES ACT (§§ 7-59-301 — 7-59-318) › Section 7-59-318 - Obligation to indemnify and hold harmless - Exceptions

(a)
The holder of a state-issued certificate of franchise authority agrees to indemnify and hold harmless the state, municipality, county and any employee or representative of the state, municipality or county, individually and collectively referred to in this section and §
7-59-305(c)(4)
as the indemnitee, as well as any political subdivision of the state and any employee or representative of the political subdivision, from all claims, demands, causes of action, liability, judgments, costs and expenses or losses for injury or death to persons or damage to property owned by, and workers' compensation claims, collectively referred to in this section as claims, against any parties indemnified in accordance with this section, arising out of, caused by, or as a result of the holder's exercising its authority granted under a state-issued certificate of franchise authority, except for claims related to public, educational or governmental channels controlled by an indemnitee or other third-party designated by the indemnitee; provided, that the indemnitee shall give the holder written notice of the holder's obligation to indemnify the indemnitee within ten (10) business days of receipt of a claim. Should the indemnitee determine that it is necessary for it to employ separate counsel, the costs for the separate counsel shall be the responsibility of the indemnitee. If the indemnitee determines in good faith that its interests cannot be represented by the holder, the holder shall be excused from any obligation to defend that indemnitee and shall have standing to intervene in any proceeding relating to such claims, but shall remain obligated to indemnify the indemnitee as provided in this section and shall retain the right to participate in the relevant proceeding to protect its own interests.
(b)
Notwithstanding subsection (a), a holder of a state-issued certificate of franchise authority shall not be required to indemnify or hold harmless any indemnitee whose negligence or willful misconduct caused the claims.
(c)
No indemnitee shall settle any claim for which a holder is responsible without the written consent of the holder.
Acts 2008, ch. 932, § 19.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 60 - TENNESSEE HOME MORTGAGE ACT (§§ 7-60-101 — 7-60-217) › Part 1 - GENERAL PROVISIONS (§§ 7-60-101 — 7-60-105) › Section 7-60-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Home Mortgage Act."
Acts 1979, ch. 439, § 1; T.C.A., § 6-4401.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 60 - TENNESSEE HOME MORTGAGE ACT (§§ 7-60-101 — 7-60-217) › Part 1 - GENERAL PROVISIONS (§§ 7-60-101 — 7-60-105) › Section 7-60-104 - Powers conferred as additional and supplemental - Limitations imposed - Effect

The powers conferred by this chapter are in addition and supplemental to, and the limitations imposed by this chapter shall not affect, the powers conferred by any other general statute, special act, charter or ordinance of this state or any county. Home mortgages may be acquired, purchased and financed, and bonds or notes may be issued under this chapter for such purposes, notwithstanding that any other general statute, special act, charter or ordinance may provide for the acquisition, purchase and financing of like home mortgages or the issuance of bonds or notes for like purposes, and without regard to the requirements, restrictions, limitations or other provisions contained in any other such law.
Acts 1979, ch. 439, § 1; T.C.A., § 6-4420; Acts 1981, ch. 504, § 10.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 60 - TENNESSEE HOME MORTGAGE ACT (§§ 7-60-101 — 7-60-217) › Part 1 - GENERAL PROVISIONS (§§ 7-60-101 — 7-60-105) › Section 7-60-105 - Construction - Grandfather clause

(a)
This chapter is necessary for the health, welfare and safety of this state and its inhabitants; therefore, it shall be liberally construed to effect its purposes.
(b)
Any proceedings of the governing body of any county under this chapter prior to June 12, 1981, are hereby validated, ratified, approved and confirmed, and may be continued as adopted or may be readopted or recommenced by such governing body.
Acts 1979, ch. 439, § 1; T.C.A., § 6-4422; Acts 1981, ch. 504, § 32.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 60 - TENNESSEE HOME MORTGAGE ACT (§§ 7-60-101 — 7-60-217) › Part 2 - OPERATION AND POWERS (§§ 7-60-201 — 7-60-217) › Section 7-60-202 - Prerequisites to exercising powers

(a)
No power granted to a county under this chapter may be exercised unless and until the county shall have found and determined by resolution that conditions substantially as described in §
7-60-102
exist in the county, are continuing and may be ameliorated by the exercise of the powers granted under this chapter.
(b)
Such resolution shall include the following findings:
(1)
Persons and families of lower and moderate income in the county are subject to hardship in finding and financing through private banking channels decent, safe and sanitary housing;
(2)
Private enterprise is not adequately meeting the need for providing and financing decent, safe and sanitary housing for such persons and families and the reduction of blight and deterioration;
(3)
There exist in the county conditions of blight and the deterioration of the quality of the environment and living conditions in the county;
(4)
Conditions of unemployment and underemployment exist in the construction industry in the county; and
(5)
The conditions of unemployment and underemployment and the need for decent, safe and sanitary housing shall be diminished and the blight and the deterioration of the quality of the environment and living conditions in the county shall be alleviated by the exercise and full implementation of the powers granted under this chapter.
(c)
(1)
The resolution shall not pass final consideration until after a public hearing on the preliminary findings and determinations on the conditions in such county.
(2)
Not less than thirty (30) days prior to such public hearing, a notice of public hearing shall be published in a newspaper of general circulation in the county.
(3)
Such notice shall include the preliminary findings and determinations on which such resolution was adopted.
Acts 1979, ch. 439, § 1; T.C.A., § 6-4405; Acts 1981, ch. 504, §§ 18, 19.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 60 - TENNESSEE HOME MORTGAGE ACT (§§ 7-60-101 — 7-60-217) › Part 2 - OPERATION AND POWERS (§§ 7-60-201 — 7-60-217) › Section 7-60-204 - Procedure for adoption of resolutions

All action required or authorized to be taken under this chapter by the governing body of any county may be by resolution, which resolution may be adopted at the meeting, regular or special, of the governing body at which such resolution is introduced, and shall take effect immediately upon such adoption. Except as otherwise provided in this chapter, no resolution under this chapter need be published or posted, nor shall any such resolution be subject to veto by the chief executive officer of a county or presiding officer of the governing body. Any such resolution shall require for its passage not less than a two-thirds (2/3) vote of the governing body present at the meeting, regular or special, in which such resolution shall be introduced for passage.
Acts 1979, ch. 439, § 1; T.C.A., § 6-4407; Acts 1981, ch. 504, § 25.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 60 - TENNESSEE HOME MORTGAGE ACT (§§ 7-60-101 — 7-60-217) › Part 2 - OPERATION AND POWERS (§§ 7-60-201 — 7-60-217) › Section 7-60-205 - Recital of issuance pursuant to chapter

Any resolution authorizing bonds or notes under this chapter may provide that such bonds or notes shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Acts 1979, ch. 439, § 1; T.C.A., § 6-4408.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › LOCAL GOVERNMENT FUNCTIONS (§§ 7-51-201 — 7-69-116) › Chapter 60 - TENNESSEE HOME MORTGAGE ACT (§§ 7-60-101 — 7-60-217) › Part 2 - OPERATION AND POWERS (§§ 7-60-201 — 7-60-217) › Section 7-60-206 - Interim certificates - Temporary obligations

Pending the preparation or delivery of the definitive bonds or notes, interim certificates or other temporary obligations may be issued by a county to the purchaser of the bonds or notes. Such interim certificates or other temporary obligations shall be in such form and contain such terms, conditions and provisions as the governing body of such county issuing the interim certificates or other temporary obligations may determine.
Acts 1979, ch. 439, § 1; T.C.A., § 6-4409; Acts 1981, ch. 504, § 25.