reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 3 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-4-301 — 65-4-309) › Section 65-4-301 - Fees required

(a)
(1)
Every public utility doing business in this state and subject to the control and jurisdiction of the commission to which this chapter applies, shall pay to the state on or before April 1 of each year, a fee for the inspection, control and supervision of the business, service and rates of such public utility.
(2)
Fees collected by the commission pursuant to this part shall be expended by the commission for the inspection, control and supervision of the business service and rates of such public utilities as established in subdivision (a)(1). In addition, the Tennessee public utility commission may grant, on a one-time basis, an amount not to exceed four hundred thousand dollars ($400,000) from the public utilities account, as defined in §
65-4-307
, to the 2-1-1 collaborative for the purpose of defraying start-up costs associated with the establishment of 2-1-1 telephone service to cover all parts of the state. Such grant may be made only after public notice is provided by the Tennessee public utility commission, specifically giving all public utilities, which are currently doing business in this state and subject to the control and jurisdiction of the commission, the opportunity to raise objection to such grant. The commission shall consider any objection timely filed in response to the commission notice prior to making such grant.
(b)
Every owner or operator of a public pay telephone service who is not a public utility paying a fee in accordance with subsection (a), and who is authorized to provide such service pursuant to commission regulation, shall pay an annual inspection and supervision fee of ten dollars ($10.00) for each service location. Such fee shall be paid on or before July 1 of each year.
Acts 1921, ch. 107, § 2; Shan. Supp., § 3059a99; Code 1932, § 5459; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-425; Acts 1990, ch. 676, § 1; 1995, ch. 305, § 20; 2004, ch. 762, § 3.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 3 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-4-301 — 65-4-309) › Section 65-4-302 - Fee in addition to other taxes and fees

The fee provided for in this part shall be paid by the public utility in addition to any and all property, franchise, license, and other taxes, fees, and charges fixed, assessed, or charged by law against such utility.
Acts 1921, ch. 107, § 2; Shan. Supp., § 3059a100; Code 1932, § 5460; T.C.A. (orig. ed.), § 65-426.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 3 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-4-301 — 65-4-309) › Section 65-4-304 - Minimum fees

In no case shall the fee to be paid be less than one hundred dollars ($100), which will be the minimum inspection, control and supervision fee to be paid by any public utility subject to such fee.
Acts 1921, ch. 107, § 1; Shan. Supp., § 3059a102; Code 1932, § 5462; Acts 1935, ch. 139, § 2; C. Supp. 1950, § 5462; T.C.A. (orig. ed.), § 65-428; Acts 1993, ch. 461, § 2; 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 3 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-4-301 — 65-4-309) › Section 65-4-305 - Information required of utility

Annually, every such public utility doing business in this state shall file with the commission a statement under oath, in such form and substance as may be prescribed by the commission, setting forth accurately the amount of its gross receipts from all sources for the preceding calendar year. Any such public utility failing to file such statement as required, or failing to give such other information as may be reasonably required of such public utility, commits a Class C misdemeanor for each day of such failure to comply.
Acts 1921, ch. 107, § 3; Shan. Supp., § 3059a103; Code 1932, § 5463; T.C.A. (orig. ed.), § 65-429; Acts 1989, ch. 591, § 113; 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 3 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-4-301 — 65-4-309) › Section 65-4-306 - Time for payment of fees

The inspection, control, and supervision fees provided for in this part shall become due and payable on April 1 of each year.
Acts 1921, ch. 107, § 4; Shan. Supp., § 3059a104; Code 1932, § 5464; T.C.A. (orig. ed.), § 65-430.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 3 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-4-301 — 65-4-309) › Section 65-4-307 - Collection and disposition of fees

The inspection, control and supervision fees provided for in this part shall be collected by the commission. Such fees, when collected, shall be deposited in the state treasury but shall be kept in a separate account, to be known as the "public utilities account" and the funds so raised shall thus be segregated.
Acts 1921, ch. 107, § 5; Shan. Supp., § 3059a105; Code 1932, § 5465; Acts 1947, ch. 17, § 2; C. Supp. 1950, § 5465; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-431; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 3 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-4-301 — 65-4-309) › Section 65-4-308 - Default

In case of default in the payment of any fee, or part thereof, when the same shall become due, as provided in §
65-4-306
, any such public utility in default shall be liable for a penalty of ten percent (10%) per month or fraction thereof, on the amount of the fee, which may be recovered by suit of the state for every month it remains in default, and any such penalty, when collected, shall be deposited into the state treasury as a part of the utilities account; provided, that out of any such penalty, the commission may employ and pay counsel, who shall have power to institute suit in any court of competent jurisdiction for the recovery of such penalty, but in no event shall anything more than the penalty be allowed to such counsel for making such collections.
Acts 1921, ch. 107, § 5; Shan. Supp., § 3059a106; Code 1932, § 5466; modified; Acts 1973, ch. 250, § 1; T.C.A. (orig. ed.), § 65-432; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 3 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-4-301 — 65-4-309) › Section 65-4-309 - Lien for fees and penalties

A lien is declared, and shall exist, upon all the property of each public utility in default, for the payment of the fee prescribed, together with all penalties accruing under this part, which liens shall be superior to all other liens, except those for federal, state, county and municipal taxes.
Acts 1921, ch. 107, § 5; Shan. Supp., § 3059a107; Code 1932, § 5467; T.C.A. (orig. ed.), § 65-433.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 4 - TELEPHONE SOLICITATION (§§ 65-4-401 — 65-4-410) › Section 65-4-402 - Identity of caller or texter - Authorized times for solicitation

A person or entity who makes a telephone or text message solicitation to a residential subscriber in this state shall, at the beginning of the call or text, state clearly the identity of the person initiating the call and the entity or organization the person represents. Without the permission of the residential subscriber, a person or entity who makes a telephone or text message solicitation shall not call or text the subscriber at any time other than between the hours of eight o'clock a.m. (8:00 a.m.) to nine o'clock p.m. (9:00 p.m.), prevailing time.
Amended by 2023 Tenn. Acts, ch. 126, s 2, eff. 7/1/2023.
Acts 1999, ch. 478, § 2.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 4 - TELEPHONE SOLICITATION (§§ 65-4-401 — 65-4-410) › Section 65-4-403 - Circumvention of caller identification service prohibited

A person or entity who makes a telephone or text message solicitation to the telephone of a residential subscriber in this state shall not knowingly utilize any method to block or otherwise circumvent the subscriber's use of a caller identification service.
Amended by 2023 Tenn. Acts, ch. 126,s 3, eff. 7/1/2023.
Acts 1999, ch. 478, § 3.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 4 - TELEPHONE SOLICITATION (§§ 65-4-401 — 65-4-410) › Section 65-4-404 - Calls or text messaging to persons objecting to solicitation

A person or entity shall not knowingly make or cause to be made a telephone or text message solicitation to a residential subscriber in this state who has given notice to the commission, in accordance with rules promulgated pursuant to this part, of such subscriber's objection to receiving telephone or text message solicitations.
Amended by 2023 Tenn. Acts, ch. 126, s 4, eff. 7/1/2023.
Acts 1999, ch. 478, § 4.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 4 - TELEPHONE SOLICITATION (§§ 65-4-401 — 65-4-410) › Section 65-4-406 - Remedies not exclusive

The remedies, duties, prohibitions, and penalties of this part are not exclusive and are in addition to the Consumer Telemarketing Protection Act of 1990, compiled in title 47, chapter 18, part 15, and all other causes of action, remedies, and penalties provided by law.
Acts 1999, ch. 478, § 6.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 4 - TELEPHONE SOLICITATION (§§ 65-4-401 — 65-4-410) › Section 65-4-407 - Liability of caller identification service providers

No provider of telephone caller identification service shall be held liable for violations of this part committed by other persons or entities.
Acts 1999, ch. 478, § 7.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 4 - TELEPHONE SOLICITATION (§§ 65-4-401 — 65-4-410) › Section 65-4-408 - Defenses

It shall be a defense in any action or proceeding brought under this part that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone or text message solicitations in violation of this part.
Amended by 2023 Tenn. Acts, ch. 126,s 8, eff. 7/1/2023.
Acts 1999, ch. 478, § 8.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 4 - TELEPHONE SOLICITATION (§§ 65-4-401 — 65-4-410) › Section 65-4-409 - Portability of telephone number

The local exchange company shall provide notice to the customer at the time the customer signs up for new service of the availability of number portability of the customer's telephone number.
Acts 2006, ch. 769, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 4 - TELEPHONE SOLICITATION (§§ 65-4-401 — 65-4-410) › Section 65-4-410 - Do Not Call Register

(a)
Residential telephone subscribers may enroll on the Tennessee Do Not Call Register in the manner prescribed by the commission. Enrollment shall take effect thirty (30) days following the first day of the succeeding month of enrollment by the subscriber.
(b)
State government telephone subscribers may enroll on the Tennessee Do Not Call Register in a manner prescribed by the commission; provided, that only the administrative head, or such person's designee, for each state department, agency, board, commission and other entity of the state, including the legislative branch and the judicial branch, may designate telephone numbers for such department, agency, board, commission or other entity of the state to be enrolled on the register. Enrollment shall take effect thirty (30) days following the first succeeding month of enrollment.
Acts 2006, ch. 769, § 2; 2011, ch. 177, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 5 - UNSOLICITED FACSIMILES (§§ 65-4-501 — 65-4-506) › Section 65-4-501 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commission" means the Tennessee public utility commission;
(2)
"Fax" or "facsimile" means:
(A)
Every process in which electronic signals are transmitted by telephone lines for conversion into written text or other graphic images; but
(B)
"Fax" or "facsimile" does not include:
(i)
Electronic mail or "e-mail" as regulated pursuant to title 47, chapter 18, part 25; or
(ii)
Any transmission of electronic signals by a local exchange company to the extent that the local exchange company merely carries that transmission over its network;
(3)
"Local exchange company" includes telecommunications service providers as defined in §
65-4-101
, competing telecommunications service providers as such term is defined in §
65-4-101
, telephone cooperatives, and cellular or other wireless telecommunications providers, or interactive computer service provider as defined by
47 U.S.C. § 230(f)
;
(4)
"Person" means a natural person, individual, partnership, trust, estate, incorporated or unincorporated association, any corporation, parent, subsidiary or affiliate thereof, or any other legal or commercial entity however organized and wherever located;
(A)
"Affiliate" of a specific person means a person that directly or indirectly through one or more intermediaries, controls, or is controlled by, is under common control with, the person specified;
(B)
"Parent" means a company owning more than fifty percent (50%) of the voting shares, or otherwise a controlling interest, of another company; and
(C)
"Subsidiary" means a corporation with more than fifty percent (50%) of its outstanding voting shares being owned by its parent or the parent's other subsidiaries; and
(5)
"Unsolicited facsimile advertisement" means any material advertising the commercial availability or quality of any property, goods, or services, that is transmitted by fax to any person located within this state without such person's prior express invitation or permission, and is transmitted from Tennessee or elsewhere for the purpose of offering the extension of credit or encouraging the purchase or rental of, or investment in, property, goods, or services.
Acts 2003 , ch. 15, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 5 - UNSOLICITED FACSIMILES (§§ 65-4-501 — 65-4-506) › Section 65-4-502 - Unsolicited facsimile advertisements prohibited - Information required on transmissions

(a)
No person shall transmit or cause another person to transmit an unsolicited facsimile advertisement; provided, that a not-for-profit membership organization exempt from paying taxes under § 501(c) of the Internal Revenue Code (
26 U.S.C. § 501(c)
) is exempt from this subsection (a), if the facsimile is made by a bona fide member, volunteer, or direct employee of the organization to its current membership.
(b)
Any transmission by facsimile machine shall include in a margin at the top or bottom of each transmitted page or on the first page of the transmission the date and time of the transmission; an identification of the business, other entity, or individual sending the message; and the telephone number of the sending machine or of such business, other entity or individual.
Acts 2003, ch. 15, § 1; 2004, ch. 502, § 1; 2006, ch. 510, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 5 - UNSOLICITED FACSIMILES (§§ 65-4-501 — 65-4-506) › Section 65-4-503 - Implementation

The commission is authorized to promulgate any rules and regulations necessary to implement and effectuate this part.
Acts 2003, ch. 15, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 5 - UNSOLICITED FACSIMILES (§§ 65-4-501 — 65-4-506) › Section 65-4-504 - Commission - Penalties - Investigations - Notice and hearing

(a)
The commission is authorized to initiate proceedings relative to a violation of this part or any rules and regulations promulgated pursuant to this part. Such proceedings include, without limitation, proceedings to: issue a cease and desist order; issue an order imposing a civil penalty up to a maximum of two thousand dollars ($2,000) for each violation; and to seek additional relief in any court of competent jurisdiction. Violations shall be calculated in a liberal manner to deter violators and to protect consumers. Each page of each unsolicited facsimile advertisement may constitute a separate violation.
(b)
In the course of investigating an alleged violation of this part, the commission is authorized to issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in accordance with this title. After proper notice, any such hearing shall be conducted in conformance with commission rules and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. All civil penalties assessed pursuant to this part shall be deposited in the public utilities account in the state treasury.
Acts 2003, ch. 15, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 5 - UNSOLICITED FACSIMILES (§§ 65-4-501 — 65-4-506) › Section 65-4-505 - Remedies - Construction

(a)
This part shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
(b)
This part shall not be construed to restrict or apply to communications to and from citizens and their elected representatives.
Acts 2003, ch. 15, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 5 - UNSOLICITED FACSIMILES (§§ 65-4-501 — 65-4-506) › Section 65-4-506 - Violations

(a)
A violation of this part also constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1.
(b)
For the purpose of application of the Tennessee Consumer Protection Act, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting trade or commerce and subject to the penalties and remedies as provided in that act, in addition to the penalties and remedies set forth in this part as well as that of
47 U.S.C. § 227
, or any other cause of action, civil remedy or penalty provided by law.
Acts 2003, ch. 15, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 1 - PUBLIC UTILITIES (§§ 65-5-101 — 65-5-114) › Section 65-5-102 - Commission may require filing of schedules

The commission has the power to require every such public utility to file with it complete schedules of every classification employed and of every individual or joint rate, toll, fare, or charge made or exacted by it for any product supplied or service rendered within this state as specified in such requirement.
Acts 1919, ch. 49, § 4; Shan. Supp., § 3059a87; Code 1932, § 5450; T.C.A. (orig. ed.), § 65-519; Acts 1995, ch. 305, § 23; T.C.A. §
65-5-202
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 1 - PUBLIC UTILITIES (§§ 65-5-101 — 65-5-114) › Section 65-5-104 - Unjust rate, fare, schedule or classification prohibited

(a)
No public utility shall:
(1)
Make, impose, or exact any unreasonable, unjustly discriminatory or unduly preferential individual or joint rate, or special rate, toll, fare, charge, or schedule for any product, or service supplied or rendered by it within this state; or
(2)
Adopt or impose any unjust or unreasonable classification in the making or as the basis of any rate, toll, charge, fare, or schedule for any product or service rendered by it within this state.
(b)
Any measure taken by any public utility to avoid discrimination in rates, charges, fees and in the availability and quality of energy against consumers using solar- or wind-powered equipment as a source of energy shall not be considered unreasonable, unjust, or unduly preferential in violation of this section, unless such customers do not have sufficient safety equipment to protect the suppliers from damage.
Acts 1919, ch. 49, § 6; Shan. Supp., § 3059a89; Code 1932, § 5452; Acts 1980, ch. 756, § 3; T.C.A. (orig. ed.), § 65-521; Acts 1995, ch. 305, § 23; T.C.A. § 65-5-204.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 1 - PUBLIC UTILITIES (§§ 65-5-101 — 65-5-114) › Section 65-5-105 - Intrastate rate reductions reflecting tax savings

Any public utility, the maximum rates of which are fixed by the commission, shall reduce its intrastate rates to reflect any tax savings resulting from chapter 312 of the Public Acts of 1989. Such rate reduction shall be implemented contemporaneously with the effective date of the tax savings.
Acts 1989, ch. 312, § 1; 1995, ch. 305, § 23; T.C.A. § 65-5-205.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 1 - PUBLIC UTILITIES (§§ 65-5-101 — 65-5-114) › Section 65-5-106 - Operator-assisted telephone services - Carriers whose rates exceed maximum approved rates

(a)
Any telephone carrier offering or providing operator-assisted services in Tennessee whose intrastate rates exceed the maximum rate approved by the Tennessee public utility commission or whose interstate rates exceed the maximum rates approved by the federal communications commission (FCC) shall before providing the service:
(1)
Identify by name the carrier providing the service;
(2)
State all costs for providing the service; and
(3)
Offer to switch the customer to any other carrier offering operator-assisted services and inform the customer that the switch will be made without charge.
(b)
As used in this section:
(1)
"Maximum rate approved by the federal communications commission (FCC)" means the highest legal rate charged for handling an identical call by a carrier which has been classified by the FCC as a dominant, interstate carrier or, if no carrier has been so classified, means the highest rate approved by the FCC as just and reasonable for an identical call;
(2)
"Maximum rate approved by the Tennessee public utility commission" means the highest legal rate charged for handling an identical call by a carrier whose rates have been fixed by the commission based on the carrier's cost of providing service; and
(3)
"Operator-assisted services" means all telephone calls in which the customer is assisted by either a human or mechanical operator and includes, but is not limited to, calls billed to credit cards or third parties and all collect or person-to-person calls.
(c)
The commission may exempt any carrier from some or all of the provisions of this section upon a finding that the requirements are no longer necessary to protect the public interest.
(d)
Any telephone carrier violating this section is guilty of violating the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1, and shall be punished accordingly.
Acts 1990, ch. 675, § 1; 1995, ch. 305, § 23; T.C.A. § 65-5-206.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 1 - PUBLIC UTILITIES (§§ 65-5-101 — 65-5-114) › Section 65-5-108 - Classification of services - Exempt services - Price floor - Maximum rates for non-basic services

(a)
Services of incumbent local exchange telephone companies who apply for price regulation under §
65-5-109
are classified as follows:
(1)
"Basic local exchange telephone services" are telecommunications services which are comprised of an access line, dial tone, touch-tone and usage provided to the premises for the provision of two-way switched voice or data transmission over voice grade facilities of residential customers or business customers within a local calling area, Lifeline, Link-Up Tennessee, 911 Emergency Services and educational discounts existing on June 6, 1995, or other services required by state or federal statute. These services shall, at a minimum, be provided at the same level of quality as is being provided on June 6, 1995. Rates for these services shall include both recurring and nonrecurring charges;
(2)
"Nonbasic services" are telecommunications services which are not defined as basic local exchange telephone services and are not exempted under subsection (b). Rates for these services shall include both recurring and nonrecurring charges.
(b)
The commission, after notice and opportunity for hearing, may find that the public interest and the policies set forth in this part are served by exempting a service or group of services from all or a portion of the requirements of this part. Upon making such a finding, the commission may exempt telecommunications service providers from such requirements as appropriate. The commission shall in any event exempt a telecommunications service for which existing and potential competition is an effective regulator of the price of those services.
(c)
Effective January 1, 1996, an incumbent local exchange telephone company shall adhere to a price floor for its competitive services subject to such determination as the commission shall make pursuant to §
65-5-107
. The price floor shall equal the incumbent local exchange telephone company's tariffed rates for essential elements utilized by competing telecommunications service providers plus the total long-run incremental cost of the competitive elements of the service. When shown to be in the public interest, the commission shall exempt a service or group of services provided by an incumbent local exchange telephone company from the requirement of the price floor. The commission shall, as appropriate, also adopt other rules or issue orders to prohibit cross-subsidization, preferences to competitive services or affiliated entities, predatory pricing, price squeezing, price discrimination, tying arrangements or other anticompetitive practices.
(d)
The maximum rate for any new nonbasic service first offered after June 6, 1995, shall not exceed the stand-alone cost of the service.
Acts 1995, ch. 408, § 9; T.C.A. § 65-5-208.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 1 - PUBLIC UTILITIES (§§ 65-5-101 — 65-5-114) › Section 65-5-110 - Commission jurisdiction

(a)
In addition to any other jurisdiction conferred, the commission shall have the original jurisdiction to investigate, hear and enter appropriate orders to resolve all contested issues of fact or law arising as a result of the application of chapter 408 of the Public Acts of 1995.
(b)
The consumer advocate shall retain all powers with respect to chapter 408 of the Public Acts of 1995 as is provided in §
65-4-118
, or any future legislation.
(c)
Nothing in chapter 408 of the Public Acts of 1995 shall be construed as removing the powers of the former commission pursuant to §
65-5-102
.
(d)
Nothing in chapter 408 of the Public Acts of 1995 shall affect the authority and duty of the former commission to complete any investigation pending as of June 6, 1995.
(e)
Nothing in chapter 408 of the Public Acts of 1995 shall be construed to affect the assessment for ad valorem taxation of property used to provide telecommunications services, and to that end it is declared that the fifty-five percent (55%) level of assessments shall remain applicable to property used in whole or in part to provide telecommunications services other than cellular telephone services, radio common carrier services, or long distance telephone services.
Acts 1995, ch. 408, §§ 11-14; T.C.A. § 65-5-210.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 1 - PUBLIC UTILITIES (§§ 65-5-101 — 65-5-114) › Section 65-5-111 - Evaluation - Reports by commission

The general assembly shall evaluate the implementation of chapter 408 of the Public Acts of 1995, every two (2) years for not less than the next six (6) years by requiring the submission of a report prepared by the commission consisting of the following information:
(1)
The compliance of market participants with chapter 408 of the Public Acts of 1995;
(2)
The status of universal service in Tennessee;
(3)
The availability of service capabilities and service offerings, subdivided by facilities-based and non-facilities-based, for each telecommunications services provider;
(4)
The number of customers, access lines served, and revenues, subdivided by residential and business, for each telecommunications services provider;
(5)
The impact of federal telecommunications initiatives;
(6)
The degree of technological change in the marketplace;
(7)
The technical compatibility between providers;
(8)
The service performance of providers; and
(9)
Any other information the commission considers necessary for proper oversight and evaluation.
Acts 1995, ch. 408, § 15; T.C.A. § 65-5-211.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 1 - PUBLIC UTILITIES (§§ 65-5-101 — 65-5-114) › Section 65-5-112 - Small and minority-owned telecommunications business participation plan

Each telecommunications service provider shall file with the commission a small and minority-owned telecommunications business participation plan within sixty (60) days of June 6, 1995. Competing telecommunications service providers shall file such plan with the commission with their application for a certificate. Such plan shall contain such entity's plan for purchasing goods and services from small and minority telecommunications businesses and information on programs, if any, to provide technical assistance to such businesses. All providers shall update plans filed with the commission annually. For purposes of chapter 408 of the Public Acts of 1995, "minority business" means a business which is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls the daily operations of such business, and who is impeded from normal entry into the economic mainstream because of race, religion, sex or national origin and such business has annual gross receipts of less than four million dollars ($4,000,000). For purposes of chapter 408 of the Public Acts of 1995, "small business" means a business with annual gross receipts of less than four million dollars ($4,000,000).
Acts 1995, ch. 408, § 16; T.C.A. § 65-5-212.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 2 - BROADBAND BUSINESS CERTAINTY ACT OF 2006 (§§ 65-5-201 — 65-5-203) › Section 65-5-201 - Short title

This part shall be known and may be cited as the "Broadband Business Certainty Act of 2006."
Acts 2006, ch. 681, § 2.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 2 - BROADBAND BUSINESS CERTAINTY ACT OF 2006 (§§ 65-5-201 — 65-5-203) › Section 65-5-202 - Part definitions - Treatment of telecommunications services to avoid federal law prohibited - Jurisdiction of regulatory commission maintained - Regulation of cable television not affected

(a)
(1)
As used in this part, "broadband services" means any service that consists of or includes a high-speed access capability to transmit at a rate that is not less than two hundred kilobits per second (200 Kbps), either in the upstream or downstream direction and either:
(A)
Is used to provide access to the internet; or
(B)
Provides computer processing, information storage, information content or protocol conversion, including any service applications or information service provided over the high-speed access service.
(2)
"Broadband services" does not include intrastate service that was tariffed with the Tennessee public utility commission and in effect as of May 15, 2006; furthermore, the intrastate service shall not be reclassified, bundled, detariffed, declared obsolete or otherwise recharacterized to avoid the imposition of inspection fees by the Tennessee public utility commission.
(b)
Nothing in this part shall permit any carrier to treat services that constitute telecommunications services under federal law as nontelecommunications services for any purpose under state law.
(c)
Nothing in this part shall alter or affect the jurisdiction of the Tennessee public utility commission to arbitrate or hear complaints related to anticompetitive pricing of regulated services or interconnection agreements between carriers pursuant to §§ 251 and 252 of the federal Telecommunications Act (
47 U.S.C. §§ 251
and
252
).
(d)
Nothing in this part shall alter or affect any jurisdiction or authority of the Tennessee public utility commission to act in accordance with federal laws or regulations of the federal communications commission, including, but not limited to, jurisdiction granted to set rates, terms, and conditions for access to unbundled network elements and to arbitrate and enforce interconnection agreements.
(e)
Nothing in this part shall alter or affect in any manner the regulation of cable television as established elsewhere in state law.
Acts 2006, ch. 681, § 3.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 2 - BROADBAND BUSINESS CERTAINTY ACT OF 2006 (§§ 65-5-201 — 65-5-203) › Section 65-5-203 - Federal preemption

In order to ensure that this state provides an attractive environment for investment in broadband technology by establishing certainty regarding the regulatory treatment of that technology, consistent with the decisions of the federal communications commission to preempt certain state actions that are not in accordance with the policies developed by the federal communications commission, the Tennessee public utility commission shall not exercise jurisdiction of any type over or relating to broadband services, regardless of the entity providing the service, except as provided in §
65-5-202(a)
.
Acts 2006, ch. 681, § 4.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 3 - UNIFORM ACCESS, COMPETITION, AND CONSUMER FAIRNESS ACT OF 2011 (§§ 65-5-301 — 65-5-302) › Section 65-5-301 - Short title

This part shall be known and may be cited as the "Uniform Access, Competition, and Consumer Fairness Act of 2011."
Acts 2011, ch. 68, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 4 (§§ 65-5-401 — 65-5-403) › Section 65-5-401 - Part definitions

As used in this part:
(1)
"Connection cost":
(A)
Means a rate, fee, or charge, or an estimate of a rate, fee, or charge, for a connection of utility service that is necessary for the customer or a potential customer to pay to the utility system to receive a utility service from the utility system to an unserved location or to upgrade a service to a location on or after the effective date of this act; and
(B)
Does not include the cost for the construction of utility system improvements when the utility's rules, regulations, or policies require the customer to hire a qualified contractor at the customer's expense to construct the necessary utility system improvements and to dedicate the utility system improvements constructed to the utility system upon their completion by the customer; and
(2)
"Utility" means:
(A)
An entity subject to the jurisdiction of the Tennessee board of utility regulation in accordance with §
7-82-701
;
(B)
A county-owned or municipal-owned utility that provides electric, broadband, or propane services to the public;
(C)
A public utility, as defined in §
65-4-101
; and
(D)
A cooperative, as defined in §
65-25-102
.
Amended by 2023 Tenn. Acts, ch. 463, s 28, eff. 7/1/2023.
Added by 2022 Tenn. Acts, ch. 1129, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 4 (§§ 65-5-401 — 65-5-403) › Section 65-5-402 - Description of costs relative to rates, fees, charges, or estimates

(a)
Upon request or application for a connection of utility service by a customer, a utility system shall promptly provide the customer the connection cost.
(b)
A customer may request the utility system provide the customer connection cost in writing along with a written itemized and detailed description of the costs that comprise the connection cost. Upon receipt of a request, the utility system shall promptly provide the customer the connection cost in writing along with a written itemized and detailed description of the costs that comprise the connection cost.
(c)
If a utility cannot promptly provide to the customer the connection cost, the connection cost in writing, or a written itemized and detailed description of the costs that comprise the connection cost, then the utility shall within fourteen (14) days from completion of the approved design:
(1)
Provide to the customer in writing the connection cost and a written itemized and detailed description of the costs that comprise the connection cost;
(2)
Provide to the customer in writing the time reasonably necessary to calculate or determine the connection cost or to provide a written itemized and detailed description of the connection cost; or
(3)
Request from the customer information necessary to calculate or determine the connection cost and to provide a written itemized and detailed description to the customer as soon as practicable.
(d)
To aid a customer, a utility may provide the customer a verbal or unofficial initial approximation of the connection cost. However, an approximation is not considered an attempt to comply with subsections (a)-(c).
Added by 2022 Tenn. Acts, ch. 1129, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 5 - REGULATION OF RATES (§§ 65-5-101 — 65-5-403) › Part 4 (§§ 65-5-401 — 65-5-403) › Section 65-5-403 - Violations

(a)
If a utility:
(1)
As defined in §
65-5-401(2)(A)
, fails to comply with §
65-5-402
, then the Tennessee board of utility regulation shall order reasonable sanctions against the utility;
(2)
As described in §
65-5-401(2)(B) or (2)(D)
, fails to comply with §
65-5-402
, then the comptroller of the treasury, or the comptroller's designee, shall order reasonable sanctions against the utility; and
(3)
As described in §
65-5-401(C)
, fails to comply with §
65-5-402
, then the Tennessee public utility commission shall order reasonable sanctions against the utility.
(b)
A utility may receive sanctions from only one (1) of the entities listed in subsection (a) that is authorized to order sanctions.
Amended by 2023 Tenn. Acts, ch. 463, s 29, eff. 7/1/2023.
Added by 2022 Tenn. Acts, ch. 1129, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-101 - Acquisition or construction of railroads - Acquisition and disposition of stocks or bonds

All railroad companies of this state, and any other state or states, are empowered to build, lease or let, acquire by purchase, lease, or otherwise, and operate, hold, or dispose of any railroad or railroads in any state or states, or any parts or portions of any such railroad or railroads, and the distribution thereof, as may be determined by their stockholders, and to acquire by purchase or otherwise, and hold or dispose of any bonds or shares of the capital stock of any railroad company or companies in any state or states, and to endorse and guarantee the bonds of any railroad company or companies in any state or states, whose original charter of incorporation was granted by the state; provided, that the same should be approved by a vote of the holders of a majority of all of the outstanding shares entitled to vote thereon or upon receiving two-thirds (2/3) of the votes which members present or represented at such meeting are entitled to cast, at a regular or called meeting of the stockholders of the company; and provided further, that ten (10) days' notice be given in a Memphis, Knoxville, Chattanooga and Nashville daily newspaper, of the time, place, and purpose of the meeting.
Acts 1881, ch. 9, § 2; 1891, ch. 61, § 1; Shan., § 1540; Acts 1921, ch. 71, § 1; Code 1932, § 2610; T.C.A. (orig. ed.), § 65-601; Acts 1984, ch. 739, §§ 1, 2.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-102 - Issuance of bonds and stock

Railroad companies existing under the laws of this state, or of this state and any other state or states, are empowered to issue bonds, and secure the payment thereof by mortgage upon their franchises and property in any state or states, or upon any part of such franchises and property, or to issue income or debenture bonds, and such guaranteed, preferred, and common stock as may be determined upon by the stockholders; provided, the same be approved by the votes of the holders of three-fourths (3/4) in amount of the entire stock of the company, at a regular or called meeting of the stockholders of the company, and that ten (10) days' notice be given in a Memphis, Knoxville, and Nashville daily newspaper, of the time, place, and purpose of the meeting.
Acts 1881, ch. 9, § 1; Shan., § 1542; impl. am. Acts 1921, ch. 71, § 1; mod. Code 1932, § 2611; T.C.A. (orig. ed.), § 65-602.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-103 - Subscription for or purchase of stocks and bonds of other companies - Contracts for construction or lease

It is lawful for any railroad company created by and existing under the laws of this state, and for any lessees of a railroad of such company, from time to time, to subscribe for or purchase the stock and bonds, or either, of any other railroad company or companies chartered by or of which the road or roads are authorized to extend into this state, when their roads shall be directly, or by means of intervening railroads, connected with each other; and to make contract with such company or companies for the construction, maintenance, repairs, or equipments, as well as lease of such other railroad or railroads, upon such terms as may be agreed upon by the companies owning the same, or by the companies and such lessees.
Acts 1869-1870 Private, ch. 49, § 4; Shan., § 1520; Code 1932, § 2595; T.C.A. (orig. ed.), § 65-603.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-104 - Limitation of time removed from original franchise

Any railroad corporation or other body heretofore granted the right or power to build and maintain a railroad in this state, for a limited number of years, and which now owns a railroad in this state, built and maintained pursuant to such grant or power, has all the rights and privileges as are conferred by any general statutes of this state upon railroad corporations, and may exercise the same without regard to and despite any limitations of years contained in any such original franchise or grant.
Acts 1929, ch. 52, § 1; mod. Code 1932, § 4013; T.C.A. (orig. ed.), § 65-604.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-105 - Adoption of electricity for motive power

Any company authorized to operate a railroad by steam is empowered to adopt electricity as its motive power, whether such railroad be wholly or only partly in the state.
Acts 1903, ch. 59, § 1; Shan., § 2425a1; Code 1932, § 4010; T.C.A. (orig. ed.), § 65-605.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-106 - Entry upon private lands for certain purposes

The company, by its officers and agents, may enter upon the lands of private persons for the purpose of making surveys, estimates, and location of route.
Acts 1875, ch. 142, § 6; Shan., § 2425; Code 1932, § 4009; T.C.A. (orig. ed.), § 65-606.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-107 - Preference in location of line

No railroad company shall have the right, by surveying or locating its line of railroad, to defer building its line of railroad to the exclusion of other companies that may sooner and more certainly build upon such line of route, but the company which, in good faith, first actually constructs its road over such route, shall have preference in the location of the route.
Acts 1899, ch. 399, § 1; Shan., § 1880a2; Code 1932, § 3147; T.C.A. (orig. ed.), § 65-607.