Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2024 | Updated by Findlaw Staff
(a) For the purposes of this section, unless the context otherwise requires:
(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).
Cite this article: FindLaw.com - Tennessee Code Title 7. Consolidated Governments and Local Governmental Functions and Entities § 7-59-313 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-7-consolidated-governments-and-local-governmental-functions-and-entities/tn-code-sect-7-59-313/
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 before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)