Tennessee § 13-24-406 - Prohibited activities.

§ 13-24-406. Prohibited activities.

An authority shall not: Enter into an exclusive arrangement with any person for use of a ROW for the construction, operation, marketing, or maintenance of small wireless facilities; Discriminate by prohibiting an applicant from making any type of installation that is generally permitted when performed by other entities entitled to deploy infrastructure in a ROW or by imposing any maintenance or repair obligations not generally applicable to all entities entitled to deploy infrastructure in a ROW; Impose discriminatory prohibitions against deploying a new PSS for small wireless facilities in a ROW. Only requirements imposed generally to other entities entitled to deploy infrastructure in a ROW may be applied to prohibit an applicant's deployment of a new PSS in a ROW; or Except as provided in this part or otherwise specifically authorized by state law, adopt or enforce any regulations or requirements on the placement or operation of communications facilities in a ROW by a communications service provider authorized by state or local law to operate in a ROW; regulate any communications services; or impose or collect any tax, fee, or charge for the provision of communications service over the communications service provider's communications facilities in a ROW. Acts 2018, ch. 819, § 1. Compiler's Notes. For the Preamble to the act concerning supporting emerging wireless technologies, please refer to Acts 2018, ch. 819. Acts 2018, ch. 819, § 4 provided that: (a) All applications to deploy or colocate small wireless facilities that are pending on April 24, 2018, shall be granted or denied consistent with the substantive requirements of this act within either ninety (90) days of April 24, 2018, or ninety (90) days from the date such applications were originally submitted, whichever is later. For all applications submitted after April 24, 2018, but before July 1, 2018, the applicable review periods shall not begin to run until July 1, 2018. Beginning on July 1, 2018, and thereafter, the review periods established herein shall be calculated consistent with the actual date such applications are filed.