Tennessee Code Annotated
Tenn. Code Ann. § 65-5-203 (2026)
Federal preemption
✓ current as of May 2026
In order to ensure that this state provides an attractive environment for investment in broadband technology by establishing certainty regarding the regulatory treatment of that technology, consistent with the decisions of the federal communications commission to preempt certain state actions that are not in accordance with the policies developed by the federal communications commission, the Tennessee public utility commission shall not exercise jurisdiction of any type over or relating to broadband services, regardless of the entity providing the service, except as provided in § 65-5-202(a).
Acts 2006, ch. 681, § 4.
Notes of Decisions
Cited in 8
cases, 1984–2002 · leading case: Consum. Advocate Div., Off. of the Attorney Gen. v. Greer, 967 S.W.2d 759 (Tenn. 1998).
Consum. Advocate Div., Off. of the Attorney Gen. v. Greer, 967 S.W.2d 759 (Tenn. 1998). “In determining that the Advocate had filed a written complaint in accordance with Tenn. Code Ann. § 65-5-203 (a), the Court of Appeals made no mention of the above-quoted rules of procedure.”
S. Motor Carriers Rate Conf., Inc. v. United States, 471 U.S. 48 (1985). “§§ 77-7-217 and 77-7-219 (1972); Tenn. Code Ann. § 65-5-203 (a) (Supp. 1984).”
Tennessee Cable Television Ass'n v. Tennessee Pub. Serv. Comm'n, 844 S.W.2d 151 (Tenn. Ct. App. 1992). “Thus, when the Commission determines that a telephone company's earnings will be excessive if the company is permitted to continue to charge the same rate for the same services, the Commission, exercising its regulatory discretion and expertise, may (1) reduce the rate…”
Bellsouth Telecomm., Inc. v. Tennessee Regulatory Auth., 98 S.W.3d 666 (Tenn. Ct. App. 2002). “Subsection (a) of the act allows the TRA to suspend the rates for three months, and more if needed, while the TRA investigates to determine if the change or alteration is just and reasonable.”
South Cent. Bell Tel. Co. v. Tennessee Pub. Serv. Comm'n, 675 S.W.2d 718 (Tenn. Ct. App. 1984). “Upon a study of the applicable statutes, especially TCA § 65-5-203, this Court concludes that the Legislature never intended to extend retroactive rate-making power (ordering refunds) beyond that expressly stated in § 65-5-203.”
Am. Ass'n of Retired Persons v. Tennessee Pub. Serv. Comm'n, 896 S.W.2d 127 (Tenn. Ct. App. 1994). “1984); Tenn.Code Ann. § 65-5-203. The order provides: If the first year forecasted rate of return is outside the rate of return range, rates will be adjusted to the nearest end of the range.”
TN. Consum. Advocate v. TN. Regulatory Auth. (Tenn. 1998). “In determining that the Advocate had filed a written complaint in accordance with Tenn. Code Ann. § 65-5-203 (a), the Court of Appeals made no mention of the above-quoted rules of procedure.”
Consum. Advocate Div. v. Tennessee Regulatory Auth. Nashville Gas Co. (Tenn. Ct. App. 1998). “Tenn. Code Ann. § 65-5-203 (a). See Consumer Advocate Division v.”
— Tenn. Code Ann. § 65-5-203(a) — 2 cases
Consum. Advocate Div., Off. of the Attorney Gen. v. Greer, 967 S.W.2d 759 (Tenn. 1998). “In determining that the Advocate had filed a written complaint in accordance with Tenn. Code Ann. § 65-5-203 (a), the Court of Appeals made no mention of the above-quoted rules of procedure.”
Bellsouth Telecomm., Inc. v. Tennessee Regulatory Auth., 98 S.W.3d 666 (Tenn. Ct. App. 2002). “Subsection (a) of the act allows the TRA to suspend the rates for three months, and more if needed, while the TRA investigates to determine if the change or alteration is just and reasonable.”
— Tenn. Code Ann. § 65-5-203(c) — 1 case
Bellsouth Telecomm., Inc. v. Tennessee Regulatory Auth., 98 S.W.3d 666 (Tenn. Ct. App. 2002). “Subsection (a) of the act allows the TRA to suspend the rates for three months, and more if needed, while the TRA investigates to determine if the change or alteration is just and reasonable.”
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