§ 13-24-405 — Existing law unaffected

This part does not: (1) Create regulatory jurisdiction for any subdivision of the state regarding communications services that does not exist under applicable law, regardless of the technology used to deliver the services; (2) Restrict access granted by § 65-21-201 or expand access authorized under § 54-16-112 ; (3) Authorize the creation of local taxation in the form of ROW taxes, rates, or fees that exceed the cost-based fees authorized under existing law, except that the specific fees or rates established pursuant to this part do not exceed cost; (4) Alter or exempt any entity from the franchising requirements for providing video services or cable services set forth in title 7, chapter 59; (5) Apply to any segment of the statewide P25 interoperable communications system governed by § 4-3-2018 ; (6) Alter the requirements or exempt any entity from the requirements to relocate facilities, including any PSS, small wireless facility, or other related infrastructure, to the same extent as any facility pursuant to title 54, chapter 5, part 8, or other similar generally applicable requirement imposed on entities who deploy infrastructure in ROW; (7) Prohibit a local authority from the nondiscriminatory enforcement of breakaway sign post requirements and safety restrictions generally imposed for all structures within a ROW; (8) Prohibit a local authority from the nondiscriminatory enforcement of vegetation control requirements that are imposed upon entities that deploy infrastructure in a ROW for the purpose of limiting the chances of damage or injury as a result of infrastructure that is obscured from view due to vegetation; or (9) Prohibit a local authority from the nondiscriminatory enforcement of generally applicable local rules regarding removal of unsafe, abandoned, or inoperable obstructions in a ROW.

Legislative History

Added by 2018 Tenn. Acts, ch. 819,s 1, eff. 4/24/2018.