TN
Tennessee House Bill HB1136

Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1136 Compare Versions

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8-~tate of \!renne%%ee
9-PUBLIC CHAPTER NO. 107
10-HOUSE BILL NO. 1136
11-By Representatives Boyd, Vital, Howell
12-Substituted for: Senate Bill No. 556
13-By Senator Reeves
14-AN ACT to amend Tennessee Code Annotated, Title 7 and Title 65, relative to
15-broadband enabled services.
1+
2+SENATE BILL 556
3+ By Reeves
4+
5+HOUSE BILL 1136
6+By Boyd
7+
8+
9+HB1136
10+002436
11+- 1 -
12+
13+AN ACT to amend Tennessee Code Annotated, Title 7 and
14+Title 65, relative to broadband enabled services.
15+
1616 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17-SECTION 1. Tennessee Code Annotated, Section 65-5-202, is amended by deleting
18-subsections (a) and (b) and substituting:
17+ SECTION 1. Tennessee Code Annotated, Section 65-5-202(a), is amended by deleting
18+the subsection and substituting:
1919 (a) As used in this part:
2020 (1) "Broadband internet access service":
2121 (A) Has the same meaning as defined in 47 CFR 8.1, or a
2222 successor federal rule; and
23-(8) Does not include intrastate service that was tariffed with the
23+ (B) Does not include intrastate service that was tariffed with the
2424 public utility commission and in effect as of May 15, 2006; furthermore,
2525 the intrastate service shall not be reclassified, bundled, de-tariffed,
2626 declared obsolete, or otherwise recharacterized to avoid the imposition of
2727 inspection fees by the public utility commission; and
2828 (2) "Interconnected VoIP service" has the same meaning as provided in
29-47 U.S.C. § 153, or a successor federal law.
30-(b)
31-(1) Broadband internet access services are not telecommunications
32-services under the laws of this state.
33-(2) This part does not:
34-{A) Restrict any authority delegated to the public utility
35-commission or another state agency to administer a federal grant
36-program under federal statute, rule, or order;
37-(B) Restrict the application to broadband internet access service,
38-or providers thereof, of any law that applies generally to the conduct of
39-business in this state related to consumer protection and fair competition;
40-(C) Modify or affect the rights or obligations of any carrier under
41-the federal Telecommunications Act of 1996 (47 U.S.C. § 151, et seq.); or
42-(D) Restrict the assessment of nondiscriminatory fees against
29+the federal Telecommunications Act of 1996 (47 U.S.C. § 151, et seq.), or a
30+successor federal law.
31+ SECTION 2. Tennessee Code Annotated, Section 65-5-202(b), is amended by deleting
32+the subsection and substituting:
33+ (b) This part does not:
34+
35+
36+ - 2 - 002436
37+
38+ (1) Restrict any authority delegated to the public utility commission or
39+another state agency to administer a federal grant program under federal statute,
40+rule, or order;
41+ (2) Restrict the application to broadband internet access service, or
42+providers thereof, of any law that applies generally to the conduct of business in
43+this state related to consumer protection and fair competition;
44+ (3) Modify or affect the rights or obligations of any carrier under the
45+federal Telecommunications Act of 1996 (47 U.S.C. § 151, et seq.); or
46+ (4) Restrict the assessment of nondiscriminatory fees against
4347 interconnected VoIP service associated with enhanced 911 service,
44-telecommunications relay services, or universal service assessments
45-under § 65-5-107.
46-SECTION 2. Tennessee Code Annotated, Section 65-5-203, is amended by deleting the
48+telecommunications relay services, or universal service assessments under § 65-
49+5-107.
50+ SECTION 3. Tennessee Code Annotated, Section 65-5-203, is amended by deleting the
4751 section and substituting:
4852 Except as provided in § 65-5-202, a government entity within this state, including
49-the public utility commission and any agency or subdivision of this state, shall not enact, HB1136
53+the public utility commission and any agency or subdivision of this state, shall not enact,
5054 adopt, or enforce any law, rule, regulation, ordinance, standard, order, or other provision
5155 with the force of law that has the effect of regulating the entry, rates, terms, or conditions
5256 of any broadband internet access service or interconnected VoIP service, or otherwise
5357 treating a provider of either broadband internet access service or interconnected VoIP
5458 service as a carrier.
55-SECTION 3. Tennessee Code Annotated, Section 65-5-109(q), is amended by deleting
59+ SECTION 4. Tennessee Code Annotated, Section 65-5-109(q), is amended by deleting
5660 the subsection.
57-SECTION 4. Tennessee Code Annotated, Section 65-4-101 (6), is amended by adding
58-the following as a new subdivision:
59-( ) "Public utility" does not include a provider, owner, operator, or manager of
60-broadband internet access services, as defined in § 65-5-202;
61-SECTION 5. Tennessee Code Annotated, Section 65-4-101, is amended by deleting
62-subdivision (7) and substituting:
63-(7) "Telecommunications service provider":
64-(A) Means any incumbent local exchange telephone company or
65-certificated individual or entity, or individual or entity operating pursuant to the
66-approval by the former public service commission of a franchise within § 65-4-
67-207(b), authorized by law to provide, and offering or providing for hire, any
68-telecommunications service, telephone service, telegraph service, paging
69-service, or communications service similar to such services unless otherwise
70-exempted from this definition by state or federal law; and
71-(8) Does not include an individual or entity that constructs, owns,
72-operates, manages, offers, or maintains broadband internet access services, as
73-defined in § 65-5-202.
74-SECTION 6. Tennessee Code Annotated, Section 65-25-102(13), is amended by
75-inserting "broadband internet access service, as defined in § 65-5-202, or" between "does not
76-include" and "the furnishing of telephone service".
77-SECTION 7. This act takes effect upon becoming a law, the public welfare requiring it.
78-2 HOUSE BILL NO. 1136
79-PASSED: March 10, 2025
80-n
81-CAMERON..S,!XTON,SPEAKER
82-HOUSE OF REPRESENTATIVES
83-4,.'-\_ ~~~\,a
84- RANDY MC ~
85-SPEAKER OF THE SENATE
86-APPROVED this ag tl2.. day of Mc.uah 2025
87-4c -
88-BILL LEE, GOVERNOR
61+ SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it.