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Tennessee Statutes, Title 65

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Tennessee/Statutes

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Title 65, Public Utilities and Carriers

37 chapters · 601 sections in this title.

All chapters in Title 65601 Ch 4, Regulation of Public Utilities by Co…61 Ch 13, Subterranean Transportation Infrastr…54 Ch 6, Railroads — Powers — Construction an…45 Ch 15, Motor Carriers35 Ch 29, Telephone Cooperatives34 Ch 25, Rural Electric and Community Service…33 Ch 3, Regulation of Railroads by Departmen…31 Ch 2, Procedure Before the Tennessee Publi…22 Ch 5, Regulation of Rates22 Ch 21, Telegraphs and Telephones22 Ch 10, Liens on Railroad Property20 Ch 31, Underground Utility Damage Preventio…20 Ch 28, Pipeline Corporations19 Ch 7, Subscription to Railroad Stock by Co…16

61 sections·Filtered byTitle 65✕Ch 4✕

Tenn. Code Ann. § 65-4-101 Chapter definitions
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As used in this chapter, unless the context otherwise requires: (1) “Competing telecommunications service provider” means any individual or entity that offers or provides any two-way communications service, telephone service, telegraph service, paging service, or communications s…
Tenn. Code Ann. § 65-4-102 Railroads excluded
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None of the provisions of this chapter and none of the powers conferred upon the commission shall apply to any railroad, whether operated by an incorporated company or individual, which is operated in this state and which is regulated and governed by chapter 3 of this title.
Tenn. Code Ann. § 65-4-103 Interstate commerce excepted
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This chapter shall be construed to apply to and affect only public utilities which furnish products or services within the state, and this chapter shall not be construed to extend to any public utility engaged in interstate commerce the government or regulation of which jurisdict…
Tenn. Code Ann. § 65-4-104 Commission's jurisdiction and control of public utilities
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(a) The commission has general supervisory and regulatory power, jurisdiction, and control over all public utilities, and also over their property, property rights, facilities, and franchises, so far as may be necessary for the purpose of carrying out the provisions of this chapt…

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Tenn. Code Ann. § 65-4-105 Extent of regulatory power of commission

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(a) In addition to the power conferred by this chapter on the commission, it shall possess with reference to all public utilities within its jurisdiction all the other powers conferred with reference to railroads regulated by the department of transportation or transportation com…

Tenn. Code Ann. § 65-4-106 Construction of chapter

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This chapter shall not be construed as being in derogation of the common law, but shall be given a liberal construction, and any doubt as to the existence or extent of a power conferred on the commission by this chapter or chapters 1, 3 and 5 of this title shall be resolved in fa…

Tenn. Code Ann. § 65-4-107 Approval of privilege or franchise

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(a) No privilege or franchise hereafter granted to any public utility by the state or by any political subdivision of the state shall be valid until approved by the commission, such approval to be given when, after hearing, the commission determines that such privilege or franchi…

Tenn. Code Ann. § 65-4-108 Appeal to commission from local regulation

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Any such public utility may appeal to the commission from any order or regulation made by any local, municipal, or county governing body, and the commission is given power and jurisdiction to hear such appeal and to determine the matter in question on the merits and make such ord…

Tenn. Code Ann. § 65-4-109 Issuance of stocks or other evidences of indebtedness

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No public utility shall issue any stocks, stock certificates, bonds, debentures, or other evidences of indebtedness payable in more than one (1) year from the date thereof, until it shall have first obtained authority from the commission for such proposed issue. It shall be the d…

Tenn. Code Ann. § 65-4-110 Depreciation account for protection of holders of securities

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The commission has the power, after hearing, upon notice, by order in writing, to require every public utility as defined in § 65-4-101 to carry for the protection of stockholders, bondholders or holders of securities a proper and adequate depreciation account in accordance with …

Tenn. Code Ann. § 65-4-111 Uniform system of accounting — Reports

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(a) The commission has the power, after hearing, upon notice, by order in writing, to require every public utility as defined in § 65-4-101 to keep its books, records, and accounts so as to afford an intelligent understanding of the conduct of its business, and to that end to req…

Tenn. Code Ann. § 65-4-112 Utilities leasing, merging, or consolidating property

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(a) No lease of its property, rights, or franchises, by any such public utility, and no merger or consolidation of its property, rights and franchises by any such public utility with the property, rights and franchises of any other such public utility of like character shall be v…

Tenn. Code Ann. § 65-4-113 Transfer of authority to provide utility services

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(a) No public utility, as defined in § 65-4-101, shall transfer all or any part of its authority to provide utility services, derived from its certificate of public convenience and necessity issued by the commission, to any individual, partnership, corporation or other entity wit…

Tenn. Code Ann. § 65-4-114 Service requirements

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(1) The commission has the power, after hearing, upon notice, by order in writing, to require every public utility, as defined in § 65-4-101, to:(1) Furnish safe, adequate, and proper service and to keep and maintain its property and equipment in such condition as to enable it to…

Tenn. Code Ann. § 65-4-115 Unjust practices and unsafe services prohibited

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No public utility shall adopt, maintain, or enforce any regulation, practice, or measurement which is unjust, unreasonable, unduly preferential or discriminatory, nor shall any public utility provide or maintain any service that is unsafe, improper, or inadequate, or withhold or …

Tenn. Code Ann. § 65-4-116 Penalties

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(a) The penalties prescribed by chapter 3 of this title shall be and remain in full force and effect, and shall in every case apply to any public utility within this chapter in the same manner and to the same extent as they are made applicable to and imposed on railroad and trans…

Tenn. Code Ann. § 65-4-117 Regulatory powers of commission — The 2-1-1 collaborative — Statewide 2-1-1 advisory council

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(a) The commission has the power to:(1) Investigate, upon its own initiative or upon complaint in writing, any matter concerning any public utility as defined in § 65-4-101;(2) Request the comptroller of the treasury, from time to time, appraise and value the property of any publ…

Tenn. Code Ann. § 65-4-118 Consumer advocate division

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(a) There is created a consumer advocate division in the office of the attorney general and reporter which shall consist of various positions which may include attorneys, accountants/financial analysts, support personnel and other personnel as determined by the attorney general a…

Tenn. Code Ann. § 65-4-119 Complaints referred to employees

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Any person employed by the commission in the consumer advocate division may be assigned by the commission to investigate, hear, and, wherever possible, adjust any individual or general complaint made by any person against any such public utility, wherein its investment, property,…

Tenn. Code Ann. § 65-4-120 Penalty for noncompliance with commission

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Any public utility which violates or fails to comply with any lawful order, judgment, finding, rule, or requirement of the commission, shall in the discretion of the commission be subject to a penalty of fifty dollars ($50.00) for each day of any such violation or failure, which …

Tenn. Code Ann. § 65-4-121 Appeals

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Any appeal, order, decision, ruling or action of the commission affecting any utility as defined in § 65-4-101, exclusive of railroads or common carriers, or any company engaged in the transmission of intelligence or communications, shall be filed in a court of record of competen…

Tenn. Code Ann. § 65-4-122 Discriminatory charges — Reasonableness of rates — Unreasonable preferences — Penalties

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(a) If any common carrier or public service company, directly or indirectly, by any special rate, rebate, drawback, or other device, charges, demands, collects, or receives from any person a greater or less compensation for any service within this state than it charges, demands, …

Tenn. Code Ann. § 65-4-123 Declaration of telecommunications services policy

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The general assembly declares that the policy of this state is to foster the development of an efficient, technologically advanced, statewide system of telecommunications services by permitting competition in all telecommunications services markets, and by permitting alternative …

Tenn. Code Ann. § 65-4-124 Administrative rules

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(a) All telecommunications services providers shall provide nondiscriminatory interconnection to their public networks under reasonable terms and conditions; and all telecommunications services providers shall, to the extent that it is technically and financially feasible, be pro…

Tenn. Code Ann. § 65-4-125 Changes in telecommunications service provider — Regulation — Enforcement — Surety bond or irrevocable letter of credit

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(a) No telecommunications service provider, and no person acting on behalf of any telecommunications service provider, shall designate or change the provider of telecommunications services to a subscriber if the provider or person acting on behalf of the provider knows or reasona…

Tenn. Code Ann. § 65-4-126 State policy on using energy more efficiently

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The general assembly declares that the policy of this state is that the Tennessee public utility commission will seek to implement, in appropriate proceedings for each electric and gas utility, with respect to which the commission has rate making authority, a general policy that …

Tenn. Code Ann. § 65-4-127 Cyber security plan

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(a) As used in this section:(1) “Commission” means the Tennessee public utilities commission; and(2) “Utility” means a public utility that provides electric, water, wastewater, or natural gas services. (1) “Commission” means the Tennessee public utilities commission; and (2) “Uti…

Tenn. Code Ann. § 65-4-201 Certificate required — Bond or other security required for projects proposed by public utilities providing wastewater service

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(a) No public utility shall establish or begin the construction of, or operate any line, plant, or system, or route in or into a municipality or other territory already receiving a like service from another public utility, or establish service therein, without first having obtain…

Tenn. Code Ann. § 65-4-202 Complaint of interference — Limited certificate

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If any public utility, in establishing, constructing, reconstructing, or extending its route, line, plant or system, shall interfere or be about to interfere with the existing route, line, plant, or system of any other public utility, the commission, on complaint of the public ut…

Tenn. Code Ann. § 65-4-203 Basis for granting certificate — Notice of hearing

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(a) The commission shall not grant a certificate for a proposed route, plant, line, or system, or extension thereof, which will be in competition with any other route, plant, line, or system, unless it shall first determine that the facilities of the existing route, plant, line, …

Tenn. Code Ann. § 65-4-204 Public hearing on certificate — Plans and information required of applicant

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The commission may, upon its own initiative, or shall upon written application of any party in interest, order a public hearing with due notice to all interested parties, at which hearing the person proposing to create the development of water power or other plant or equipment, o…

Tenn. Code Ann. § 65-4-205 Evidence

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All evidence taken by the commission in any such hearing or hearings shall be taken under oath and may be treated as evidence in any court.

Tenn. Code Ann. § 65-4-206 Agreement to permit other entity to operate within same geographic boundaries

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Notwithstanding an investor-owned water utility's exclusive right to furnish services in the geographic boundaries set forth in its certificate of convenience and necessity as issued by the Tennessee public utility commission, an investor-owned water utility may enter into an agr…

Tenn. Code Ann. § 65-4-207 Law inapplicable at local option

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(a) This part does not apply where any municipality or county by resolution or ordinance declares that a public necessity requires a competing company in that municipality or county. (b) This section shall not apply to telecommunications service providers; provided, that this sec…

Tenn. Code Ann. § 65-4-208 Interstate transmission of electric power

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(a) Notwithstanding any other law, no person, firm or corporation not engaged on March 22, 1955, in the business of generating, transmitting, distributing, or furnishing electric power shall extend or construct transmission or distribution lines or other works into or within the …

Tenn. Code Ann. § 65-4-301 Fees required

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(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, serv…

Tenn. Code Ann. § 65-4-302 Fee in addition to other taxes and fees

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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.

Tenn. Code Ann. § 65-4-303 Fee measured by gross receipts from intrastate operations — Rates

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(a) The amount of the fee provided for in this section shall be measured by the amount of the gross receipts from intrastate operations of each public utility in excess of five thousand dollars ($5,000). (b) (1) Except as provided in subdivision (b)(2), “gross receipts from intra…

Tenn. Code Ann. § 65-4-304 Minimum fees

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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.

Tenn. Code Ann. § 65-4-305 Information required of utility

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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 …

Tenn. Code Ann. § 65-4-306 Time for payment of fees

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The inspection, control, and supervision fees provided for in this part shall become due and payable on April 1 of each year.

Tenn. Code Ann. § 65-4-307 Collection and disposition of fees

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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…

Tenn. Code Ann. § 65-4-308 Default

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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 re…

Tenn. Code Ann. § 65-4-309 Lien for fees and penalties

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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…

Tenn. Code Ann. § 65-4-401 Part definitions

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(1) As used in this part, unless the context otherwise requires:(1) “Caller identification service” means telephone service which notifies telephone subscribers of the telephone number of incoming telephone calls;(2) “Commission” means the Tennessee public utility commission;(3) …

Tenn. Code Ann. § 65-4-402 Identity of caller or texter — Authorized times for solicitation

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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 …

Tenn. Code Ann. § 65-4-403 Circumvention of caller identification service prohibited

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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.

Tenn. Code Ann. § 65-4-404 Calls or text messaging to persons objecting to solicitation

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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…

Tenn. Code Ann. § 65-4-405 Database of persons objecting to solicitation — Regulations — Enforcement actions

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(a) The commission shall establish and provide for the operation of a database to compile a list of telephone numbers of residential subscribers who object to receiving telephone or text message solicitations. It shall be the duty of the commission to have such database in operat…

Tenn. Code Ann. § 65-4-406 Remedies not exclusive

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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.