Tennessee § 7-52-401 - Authority in relation to telecommunications equipment and services.

§ 7-52-401. Authority in relation to telecommunications equipment and services.

Every municipality operating an electric plant, whether pursuant to this chapter, any other public or private act or the provisions of the charter of the municipality, county or metropolitan government, has the power and is authorized, on behalf of its municipality acting through the authorization of the board or supervisory body having responsibility for the municipal electric plant, to acquire, construct, own, improve, operate, lease, maintain, sell, mortgage, pledge or otherwise dispose of any system, plant or equipment for the provision of telephone, telegraph, telecommunications services, or any other like system, plant, or equipment within or without the corporate or county limits of such municipality, and, with the consent of such other municipality, within the corporate or county limits of any other municipality, in compliance with title 65, chapters 4 and 5, and all other applicable state and federal laws, rules and regulations. A municipality shall only be authorized to provide telephone, telegraph or telecommunications services through its board or supervisory body having responsibility for the municipality's electric plant. A municipality providing any of the services authorized by this section may not dispose of all or substantially all of the system, plant and equipment used to provide such services except upon compliance with the procedures set forth in § 7-52-132 . Notwithstanding § 65-4-101 (6)(B) or any other provision of this code or of any private act, to the extent that any municipality provides any of the services authorized by this section, such municipality shall be subject to regulation by the Tennessee public utility commission in the same manner and to the same extent as other certificated providers of telecommunications services, including, but not limited to, rules or orders governing anti-competitive practices, and shall be considered as and have the duties of a public utility, as defined in § 65-4-101 , but only to the extent necessary to effect such regulation and only with respect to such municipality's provision of telephone, telegraph and communication services. Acts 1997, ch. 531, § 2; 2017, ch. 94, § 14. Amendments. The 2017 amendment substituted “Tennessee public utility commission” for “Tennessee regulatory authority” in the last sentence. Effective Dates. Acts 2017, ch. 94, § 83. April 4, 2017. Cross-References. Tennessee regulatory authority, title 65, ch. 1. Attorney General Opinions. Authority of municipal electric boards to provide telecommunications services. OAG 12-34, 2012 Tenn. AG LEXIS 34 (3/12/12).