(a) For the purposes of this section, unless the context otherwise requires:

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Terms Used In Tennessee Code 7-59-313

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Department: means the Tennessee public utility commission. See Tennessee Code 7-59-303
  • Franchise: has the meaning set forth in 47 U. See Tennessee Code 7-59-303
  • Franchise authority: means "franchising authority" as set forth in 47 U. See Tennessee Code 7-59-303
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) “Minority-owned business” means a business that is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls the daily operations of the business and who is impeded from normal entry into the economic mainstream because of:

(A) Past practices of discrimination based on race, religion, ethnic background or sex, including, but not limited to, women;
(B) A disability as defined in § 4-26-102, including, but not limited to, disabled veterans; or
(C) Past practices of racial discrimination against African-Americans; and
(2) “Minority-owned business participation plan” means a business plan for actively soliciting bids from minority-owned businesses and letting contracts to such businesses when establishing, providing or expanding cable or video services and related support facilities. The plan shall include the following information:

(A) A proposal for purchasing goods and services from minority-owned businesses;
(B) Information on programs to provide technical assistance to such businesses; and
(C) A statement of intent to follow its minority-owned business participation plan.
(b) A minority-owned business participation plan shall strive to maximize participation of minority-owned businesses through both prime and second tier business contracting opportunities and shall strive to achieve a level of minority-owned business participation representative of the population demographics of this state.
(c) Notwithstanding any provision of this part to the contrary, a state-issued certificate of franchise authority shall not be issued by the department to any applicant that fails to include a minority-owned business participation plan in the applicant’s application. The department shall review each application to confirm that the minority-owned business participation plan includes all information required pursuant to this section.
(d) Notwithstanding any provision of this part to the contrary, the department shall annually review each holder of a state-issued certificate of franchise authority to determine compliance with the holder’s minority-owned business participation plan. In conjunction with the review, by January 31 of each year, each holder of a state-issued certificate of franchise authority shall prepare and submit an annual report to the department concerning the holder’s minority-owned business participation plan and compliance with the plan. The department shall annually prepare a compliance report to be delivered to the governor and the clerks of the senate and the house of representatives. The compliance report shall also be posted on the web site of the department.
(e) Notwithstanding any provision of this part to the contrary, a holder of a state-issued certificate of franchise authority determined by the department not to be in compliance with the holder’s minority business participation plan shall be found in violation of this section and shall be subject to § 7-59-312(d)(2).
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