§ 65-4-501 — Part definitions

As used in this part, unless the context otherwise requires: (1) "Commission" means the Tennessee public utility commission; (2) "Fax" or "facsimile" means: (A) Every process in which electronic signals are transmitted by telephone lines for conversion into written text or other graphic images; but (B) "Fax" or "facsimile" does not include: (i) Electronic mail or "e-mail" as regulated pursuant to title 47, chapter 18, part 25; or (ii) Any transmission of electronic signals by a local exchange company to the extent that the local exchange company merely carries that transmission over its network; (3) "Local exchange company" includes telecommunications service providers as defined in § 65-4-101 , competing telecommunications service providers as such term is defined in § 65-4-101 , telephone cooperatives, and cellular or other wireless telecommunications providers, or interactive computer service provider as defined by 47 U.S.C. § 230(f) ; (4) "Person" means a natural person, individual, partnership, trust, estate, incorporated or unincorporated association, any corporation, parent, subsidiary or affiliate thereof, or any other legal or commercial entity however organized and wherever located; (A) "Affiliate" of a specific person means a person that directly or indirectly through one or more intermediaries, controls, or is controlled by, is under common control with, the person specified; (B) "Parent" means a company owning more than fifty percent (50%) of the voting shares, or otherwise a controlling interest, of another company; and (C) "Subsidiary" means a corporation with more than fifty percent (50%) of its outstanding voting shares being owned by its parent or the parent's other subsidiaries; and (5) "Unsolicited facsimile advertisement" means any material advertising the commercial availability or quality of any property, goods, or services, that is transmitted by fax to any person located within this state without such person's prior express invitation or permission, and is transmitted from Tennessee or elsewhere for the purpose of offering the extension of credit or encouraging the purchase or rental of, or investment in, property, goods, or services.

Legislative History

Acts 2003 , ch. 15, § 1.