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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

601 sections·Filtered byTitle 65✕

Tenn. Code Ann. § 65-3-114 Witness failing to obey subpoena
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In case any witness fails or refuses to obey a subpoena, the department of transportation may issue an attachment for such witness, directed to any sheriff or constable of the state, and compel the witness to attend before the department of transportation and give testimony upon …
Tenn. Code Ann. § 65-3-115 Witness failing to attend or answer questions
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If a witness, after being duly summoned, fails or refuses to attend, or to answer any question propounded to such witness, which such witness would be required to answer if in court, the department of transportation shall have power to fine and imprison such witness for contempt …
Tenn. Code Ann. § 65-3-116 Officers or employees testifying exempt from indictment
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No officer, agent, servant, or employee of any such company, who appears and testifies before the department of transportation under this chapter or chapter 5 of this title or in any civil or criminal proceedings instituted by the department of transportation under this chapter o…
Tenn. Code Ann. § 65-3-117 Depositions
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The department of transportation shall, in all cases, have a right in its discretion to issue proper process and take depositions instead of compelling personal attendance of witnesses.

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Tenn. Code Ann. § 65-3-118 Fees of sheriff or constable executing process

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The sheriff or constable executing any process issued under this chapter and chapter 5 of this title shall receive such compensation as may be allowed by the department of transportation, not to exceed the fees prescribed by law for similar services.

Tenn. Code Ann. § 65-3-119 Penalties generally

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(a) It is the duty of the district attorneys general to bring suit in the name of the state on the relation of the department of transportation, in any court having jurisdiction thereof, to recover any penalty imposed by this chapter and chapter 5 of this title. (b) If any compan…

Tenn. Code Ann. § 65-3-120 Civil and criminal suits

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(a) The circuit, chancery courts and courts of general sessions have jurisdiction of all suits of a civil nature arising under this chapter and chapter 5 of this title, according to the nature of the suit and the amount involved, and the circuit and criminal courts have jurisdict…

Tenn. Code Ann. § 65-3-121 Indictments — Prosecutor

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(a) Indictments or presentments under this chapter and chapter 5 of this title shall be only upon recommendation or request of the department of transportation, filed in the court having jurisdiction of the offense. (b) The department of transportation or any member thereof, or a…

Tenn. Code Ann. § 65-3-122 Limitation of actions

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All prosecutions or actions under this chapter and chapter 5 of this title shall be commenced within one (1) year after the offense has been committed or the cause of action has accrued, or the same shall be barred.

Tenn. Code Ann. § 65-3-123 Abatement of dangerous or unhealthy conditions

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(a) The department of transportation has the power and authority relative to commercial railroads, interurban railroads, and street railroads to inspect the conditions existing on all trains operating in Tennessee, along the rail rights-of-way, in rail yards and terminals, and at…

Tenn. Code Ann. § 65-3-124 Report on blocked highway-rail grade crossings

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On or before November 1, 2021, and on or before November 1 of each year between 2022 – 2026, the department of transportation shall report to the transportation committee of the house of representatives and the transportation and safety committee of the senate on the data collect…

Tenn. Code Ann. § 65-3-201 General provisions

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(a) Every railroad which is doing business in this state and subject to the control and jurisdiction of the department of transportation and to which this chapter applies, shall pay to the state on or before July 1 of each year, a fee for the inspection, control and supervision o…

Tenn. Code Ann. § 65-3-202 Collection and disposition of fee

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The inspection, control and supervision fees provided for in this part shall be collected by the department of transportation. Such fees, when collected, shall be deposited in the state treasury but shall be kept in a separate account, to be known as the “railroad account,” and t…

Tenn. Code Ann. § 65-3-203 Default

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In case of default in the payment of any such fee, or part thereof, when the same shall become due, as provided in this part, any railroad in default shall be liable to a penalty of ten percent (10%) per month on the amount of the fee, which may be recovered by suit of the state …

Tenn. Code Ann. § 65-3-204 Lien for fees and penalties

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A lien is declared and shall exist upon all the property of each railroad in default for the payment of the fee prescribed, together with all penalties accruing hereunder, which liens shall be superior to all other liens, except those for federal, state, county and municipal taxe…

Tenn. Code Ann. § 65-3-205 Employees

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The commissioner of transportation is empowered to employ such rate experts, engineers, attorneys, accountants, auditors, inspectors, examiners, clerks, agents or other employees, and assign to them such duties as shall be necessary to enable the department of transportation to f…

Tenn. Code Ann. § 65-3-206 Railroads to file statements

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Every such railroad doing business in this state shall file with the department of transportation a statement under oath, in such form and substance as may be prescribed by the department of transportation, setting forth accurately the ton miles operated in the state, together wi…

Tenn. Code Ann. § 65-3-207 Use of fees

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The inspection, control and supervision fees generated by this part shall be used only to support railroad-related programs administered by the department of transportation and assessment functions performed by the comptroller of the treasury under title 67, chapter 5, part 13.

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…

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.