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Current as of January 02, 2024 | Updated by FindLaw Staff
(a) An authority shall not:
(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.
Cite this article: FindLaw.com - Tennessee Code Title 13. Public Planning and Housing § 13-24-406 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-13-public-planning-and-housing/tn-code-sect-13-24-406/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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