Title 65, Public Utilities and Carriers

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.

(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…

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.

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 …

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

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…

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…

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…

(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) …

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 …

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.

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…

(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…

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.

No provider of telephone caller identification service shall be held liable for violations of this part committed by other persons or entities.

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.

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.

(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 t…

(a) (1) A person or entity that makes telephone solicitations using an automated telephone dialing system to deliver artificial or prerecorded voice messages to residential subscribers in this state shall maintain a record of the number of such telephone solicitations made each m…

(1) 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…

(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 subsectio…

The commission is authorized to promulgate any rules and regulations necessary to implement and effectuate this part.

(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 ci…

(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.

(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 cons…

(a) The Tennessee public utility commission has the power after hearing upon notice, by order in writing, to fix just and reasonable individual rates, joint rates, tolls, fares, charges or schedules thereof, as well as commutation, mileage, and other special rates which shall be …

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 …

(a) When any public utility shall increase any existing individual rates, joint rates, tolls, fares, charges, or schedules thereof, or change or alter any existing classification, the commission shall have power either upon written complaint, or upon its own initiative, to hear a…

(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…

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 th…

(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 com…

(a) In order to ensure the availability of affordable residential basic local exchange telephone service, the commission shall formulate policies, promulgate rules and issue orders which require all telecommunications service providers to contribute to the support of universal se…

(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 us…

(a) Rates for telecommunications services are just and reasonable when they are determined to be affordable as set forth in this section. Using the procedures established in this section, the commission shall ensure that rates for all basic local exchange telephone services and n…

(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 19…

(1) 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 co…

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 t…

(a) The department of the treasury shall develop by rule an assistance program for small and minority-owned businesses, as defined in § 65-5-112, which may include loans and loan guarantees, technical assistance and services, and consulting and educational services to be funded s…

(a) This section is known and may be cited as the “Tennessee Natural Gas Innovation Act.” (b) As used in this section:(1) “Biogas” means gas produced by the anaerobic digestion of biomass, gasification of biomass, or other effective conversion processes;(2) “Commission” means the…

This part shall be known and may be cited as the “Broadband Business Certainty Act of 2006.”

(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; furth…

Except as provided in § 65-5-202, a government entity within this state, including the public utility commission and any agency or subdivision of this state, shall not enact, adopt, or enforce any law, rule, regulation, ordinance, standard, order, or other provision with the forc…

This part shall be known and may be cited as the “Uniform Access, Competition, and Consumer Fairness Act of 2011.”

(a) For the purposes of this part:(1) “Entity” means an entity that provides switched access service and is a public utility as defined in § 65-4-101 or a telephone cooperative governed by chapter 29 of this title;(2) “Interstate switched access charges” means charges for switche…

(1) 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…

(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…