{"data":{"id":"us-tn/tenn.-code-ann.-13-24-406","jurisdiction":"us-tn","citation":"Tenn. Code Ann. § 13-24-406","heading":"Prohibited activities","body":"(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. Amended by 2022 Tenn. Acts, ch. 799, s 3, eff. 4/8/2022. Added by 2018 Tenn. Acts, ch. 819, s 1, eff. 4/24/2018.\n(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.\n(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;\n(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;\n(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\naintenance or repair obligations not generally applicable to all entities entitled to deploy infrastructure in a ROW;\n(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\n(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.\n(b) With respect to aesthetic plans, this section does not prohibit an authority from reasonably differentiating among providers of functionally equivalent services.","path":["TN Code","Title 13","Chapter 24"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_tn_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:26Z","sha256":"d4110fc366f4ee90362c6b1f17536d9569f2e664a96fa35b876e0087147e2bd6","source_id":"us-tn","stale":false,"prev":"us-tn/tenn.-code-ann.-13-24-405","next":"us-tn/tenn.-code-ann.-13-24-407"},"notice":"GroundRules: Original legal text. Not legal advice."}