(a) An authority shall not:

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Terms Used In Tennessee Code 13-24-406

  • Applicant: means any person who submits an application pursuant to this part. See Tennessee Code 13-24-402
  • Authority: means :
    (i) Within a municipal boundary, the municipality, regardless of whether such municipality is a metropolitan government. See Tennessee Code 13-24-402
  • Communications service: means cable service as defined in 47 U. See Tennessee Code 13-24-402
  • Communications service provider: means a cable operator as defined in 47 U. See Tennessee Code 13-24-402
  • Fee: means a one-time, nonrecurring charge. See Tennessee Code 13-24-402
  • new PSS: means a PSS that does not exist at the time the application is submitted, including, but not limited to, a PSS that will replace an existing pole. See Tennessee Code 13-24-402
  • Person: means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority. See Tennessee Code 13-24-402
  • PSS: means a pole or other structure used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, including poles installed solely for the colocation of a small wireless facility. See Tennessee Code 13-24-402
  • ROW: means the space, in, upon, above, along, across, and over all public streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skywalks under the control of the authority, and any unrestricted public utility easement established, dedicated, platted, improved, or devoted for utility purposes and accepted as such public utility easement by the authority, but excluding lands other than streets that are owned by the authority. See Tennessee Code 13-24-402
  • 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
(1) Enter into an exclusive arrangement with a person for use of a ROW for the construction, operation, marketing, or maintenance of small wireless facilities;
(2) Discriminate by prohibiting an applicant from making an installation that is generally permitted when performed by other entities entitled to deploy infrastructure in a ROW or by imposing maintenance or repair obligations not generally applicable to all entities entitled to deploy infrastructure in a ROW;
(3) 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
(4) Except as provided in this part or otherwise specifically authorized by state law, adopt or enforce 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 communications services; or impose or collect a tax, fee, or charge for the provision of communications service over the communications service provider‘s communications facilities in a ROW.
(b) With respect to aesthetic plans, this section does not prohibit an authority from reasonably differentiating among providers of functionally equivalent services.
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