Tennessee § 65-25-130 - Subsidies by electric cooperatives to cable joint ventures — Antitrust provisions — Remedies.

§ 65-25-130. Subsidies by electric cooperatives to cable joint ventures — Antitrust provisions — Remedies.

An electric cooperative may not provide subsidies to a cable joint venture. Notwithstanding that limitation, an electric cooperative participating in a cable joint venture may: Dedicate a reasonable portion of the electric plant to the provision of such service, the costs of which shall be allocated to such services by agreement of the parties to the joint venture; and Lend funds, at a rate of interest not less than the highest rate then earned by the electric cooperative on invested electric plant funds, to acquire, construct, and provide working capital for the system, plant, and equipment necessary to provide any such services; provided, that such interest costs shall be allocated to the cost of such service for regulatory purposes, and further provided that no financing for a cable joint venture shall come from loans from the rural utility service of the United States department of agriculture unless and until such loans are specifically authorized by federal statute. To the extent that an electric cooperative offers services through a cable joint venture, such cooperative shall have all the powers, obligations, and authority granted other entities providing such services under the applicable laws of the United States, the state of Tennessee, or local governments; provided, that the franchise under which the joint venture shall operate shall in no way be considered an overlapping franchise nor in any way modify or amend § 7-59-203. Nothing in this chapter shall be construed to alter or amend the process or procedure for renewal of franchises. It is unlawful during the negotiation of the joint venture or thereafter for any party to a cable joint venture or the local franchising authority, as defined in title 7, chapter 59, to use unfair or anti-competitive practices under any applicable state or federal law. Such practices shall include, but are not limited to, predatory pricing, collusion, and price tying. The parties to a cable joint venture or the local franchising authority, as defined in title 7, chapter 59, may bring a civil action for injunctive or declaratory relief in chancery court to enforce subsection (d). Venue for such action may be in any county where the unfair or anti-competitive practice is alleged to have occurred or to be threatened. If the cable joint venture or any member of the cable joint venture providing such service is exempt from paying federal, state, or local taxes, then, for regulatory purposes, the cable joint venture shall allocate to the costs of such services an amount equal to a reasonable determination of the state, local and federal taxes which would be required to be paid if the cable joint venture were not exempt and each of its members were not exempt from paying such taxes. Acts 1999, ch. 430, § 2; T.C.A. § 65-25-230 ; Acts 2017, ch. 228, § 10. Code Commission Notes. Former part 1 of this chapter was deleted and former part 2 was renumbered as T.C.A. §§ 65-25-101 to 65-25-135 by authority of the Code Commission in 2015. Compiler's Notes. Acts 1999, ch. 430, § 9 provided that that act supersedes any conflicting general law, charter or metropolitan charter provisions. Acts 2017, ch. 228, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Tennessee Broadband Accessibility Act.” Amendments. The 2017 amendment substituted “services through a cable joint venture” for “ the services authorized by § 65-25-105 in a joint venture” in (b). Effective Dates. Acts 2017, ch. 228, § 16. April 24, 2017.