Part definitions — Treatment of telecommunications services to avoid federal law prohibited — Jurisdiction of regulatory commission maintained — Regulation of cable television not affected

Tenn. Code Ann. § 65-5-202, under Broadband Business Certainty Act of 2006.

Tenn. Code Ann. § 65-5-202

(a) As used in this part:(1) “Broadband internet access service”:(A) Has the same meaning as defined in 47 CFR 8.1, or a successor federal rule; and(B) Does not include intrastate service that was tariffed with the public utility commission and in effect as of May 15, 2006; furthermore, the intrastate service shall not be reclassified, bundled, de-tariffed, declared obsolete, or otherwise recharacterized to avoid the imposition of inspection fees by the public utility commission; and(2) “Interconnected VoIP service” has the same meaning as provided in 47 U.S.C. § 153, or a successor federal law.

(1) “Broadband internet access service”:(A) Has the same meaning as defined in 47 CFR 8.1, or a successor federal rule; and(B) Does not include intrastate service that was tariffed with the public utility commission and in effect as of May 15, 2006; furthermore, the intrastate service shall not be reclassified, bundled, de-tariffed, declared obsolete, or otherwise recharacterized to avoid the imposition of inspection fees by the public utility commission; and

(A) Has the same meaning as defined in 47 CFR 8.1, or a successor federal rule; and

(B) Does not include intrastate service that was tariffed with the public utility commission and in effect as of May 15, 2006; furthermore, the intrastate service shall not be reclassified, bundled, de-tariffed, declared obsolete, or otherwise recharacterized to avoid the imposition of inspection fees by the public utility commission; and

(2) “Interconnected VoIP service” has the same meaning as provided in 47 U.S.C. § 153, or a successor federal law.

(b) (1) Broadband internet access services are not telecommunications services under the laws of this state.(2) This part does not:(A) Restrict any authority delegated to the public utility commission or another state agency to administer a federal grant program under federal statute, rule, or order;(B) Restrict the application to broadband internet access service, or providers thereof, of any law that applies generally to the conduct of business in this state related to consumer protection and fair competition;(C) Modify or affect the rights or obligations of any carrier under the federal Telecommunications Act of 1996 (47 U.S.C. § 151, et seq.); or(D) Restrict the assessment of nondiscriminatory fees against interconnected VoIP service associated with enhanced 911 service, telecommunications relay services, or universal service assessments under § 65-5-107.

(1) Broadband internet access services are not telecommunications services under the laws of this state.

(2) This part does not:(A) Restrict any authority delegated to the public utility commission or another state agency to administer a federal grant program under federal statute, rule, or order;(B) Restrict the application to broadband internet access service, or providers thereof, of any law that applies generally to the conduct of business in this state related to consumer protection and fair competition;(C) Modify or affect the rights or obligations of any carrier under the federal Telecommunications Act of 1996 (47 U.S.C. § 151, et seq.); or(D) Restrict the assessment of nondiscriminatory fees against interconnected VoIP service associated with enhanced 911 service, telecommunications relay services, or universal service assessments under § 65-5-107.

(A) Restrict any authority delegated to the public utility commission or another state agency to administer a federal grant program under federal statute, rule, or order;

(B) Restrict the application to broadband internet access service, or providers thereof, of any law that applies generally to the conduct of business in this state related to consumer protection and fair competition;

(C) Modify or affect the rights or obligations of any carrier under the federal Telecommunications Act of 1996 (47 U.S.C. § 151, et seq.); or

(D) Restrict the assessment of nondiscriminatory fees against interconnected VoIP service associated with enhanced 911 service, telecommunications relay services, or universal service assessments under § 65-5-107.

(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.