§ 13-24-401. Short Title
This part shall be known and may be cited as the “Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018.”
§ 13-24-402. Part Definitions
As used in this part: “Aesthetic plan” means any publicly available written resolution, regulation, policy, site plan, or approved plat establishing generally applicable aesthetic requirements within the authority or designated area within the authority. An aesthetic plan may include a provision that limits the plan’s application to construction or deployment that occurs after adoption of […]
§ 13-24-403. Construction and Applicability of Part
This part shall be construed to maximize investment in wireless connectivity across the state by creating a uniform and predictable framework that limits local obstacles to deployment of small wireless facilities in the ROW and to encourage, where feasible, shared use of public infrastructure and colocation in a manner that is the most technology neutral […]
§ 13-24-404. Local Option and Local Preemption
Nothing in this part requires any local authority to promulgate any limits, permitting requirements, zoning requirements, approval policies, or any process to obtain permission to deploy small wireless facilities. However, any local authority that promulgates limits, permitting requirements, zoning requirements, approval policies, or processes relative to deployment of small wireless facilities shall not impose limits, […]
§ 13-24-405. Existing Law Unaffected
This part does not: Create regulatory jurisdiction for any subdivision of the state regarding communications services that does not exist under applicable law, regardless of the technology used to deliver the services; Restrict access granted by § 65-21-201 or expand access authorized under § 54-16-112; Authorize the creation of local taxation in the form of […]
§ 13-24-406. Prohibited Activities
An authority shall not: Enter into an exclusive arrangement with any person for use of a ROW for the construction, operation, marketing, or maintenance of small wireless facilities; Discriminate by prohibiting an applicant from making any type of installation that is generally permitted when performed by other entities entitled to deploy infrastructure in a ROW […]
§ 13-24-407. Uniform Local Authority Fees for Deployment of Small Wireless Facilities — Exceptions
The following are the maximum fees and rates that may be charged to an applicant by a local authority for deployment of a small wireless facility: The maximum application fee is one hundred dollars ($100) each for the first five (5) small wireless facilities and fifty dollars ($50.00) each for additional small wireless facilities included […]
§ 13-24-408. Uniform Local Authority Requirements for Deployment and Maintenance of Small Wireless Facilities — Exceptions
No local authority shall restrict the size, height, or otherwise regulate the appearance or placement of small wireless facilities, or prohibit colocation on PSSs, except a local authority shall require that: A new PSS installed or an existing PSS replaced in the ROW not exceed the greater of: Ten feet (10′) in height above the […]
§ 13-24-409. Uniform Application Procedures for Local Authorities
A local authority may require an applicant to seek permission by application to colocate a small wireless facility or install a new or modified PSS associated with a small wireless facility and obtain one (1) or more work permits, as long as the work permits are of general applicability and do not apply exclusively to […]
§ 13-24-410. Provisions Applicable Solely to the State as an Authority
Notwithstanding any other provision in this part to the contrary, the deployment of small wireless facilities in state ROW is subject to this section, as follows: In those instances in which an applicant seeks to deploy a small wireless facility or new PSS within a state ROW under the control of the department of transportation […]
§ 13-24-411. Authority Powers Preserved
Consistent with the limitations in this part, an authority may require applicants to: Follow generally applicable and nondiscriminatory requirements for entities that deploy infrastructure or perform construction in a ROW: Requiring structures and facilities placed within a ROW to be constructed and maintained as not to obstruct or hinder the usual travel upon pedestrian or […]
§ 13-24-412. Private Right of Action
Any party aggrieved by the failure of an authority to act in accordance with this part may seek remedy in the chancery court for the county in which the applicant attempted to deploy or has deployed a small wireless facility, unless the claim seeks a remedy against the state, in which case the claim must […]
§ 13-24-413. Study on Impact of Deployment of Broadband — Best Practices — Recommendations — Report
The Tennessee advisory commission on intergovernmental relations shall study and prepare a report on the impact of this part, including: The impact on deployment of broadband; The fiscal impact on authorities resulting from the administrative process required by this part; Best practices from the perspective of applicants and authorities; Best practices in other states and […]