65-30-106 - General jurisdiction of authority. - Tennessee Statutes

65-30-106. General jurisdiction of authority.

(a)  The authority has the power and jurisdiction to supervise and regulate every radio common carrier operating within this state and its property, property rights, equipment, facilities, contracts, certificates and franchises so far as may be necessary to carry out the purposes of this chapter, and to do all things, whether specifically designated in this chapter or in addition thereto, which are necessary or convenient in the exercise of such power and jurisdiction. Without limiting the generality of the foregoing, the authority is authorized to adopt and enforce such reasonable rules and regulations and orders as it may deem necessary with respect to rates, charges and classifications, issuance of certificates, territory of operation, abandonment, suspension, or failure to offer service, adequacy of service prevention or elimination of unjust discrimination between subscribers, financial responsibility, insurance covering personal injury and property damage, uniform system of accounts, records, reports, safety of operation and equipment, and to otherwise accomplish the purposes of this chapter and to implement its provisions.

(b)  The authority may, after affording an opportunity for hearing, order a radio common carrier to:

     (1)  Construct and operate any reasonable extension of its existing system within the certificated territory; or

     (2)  Make any reasonable repair or improvement of or addition to such system.

(c)  The authority may from time to time visit the places of business and other premises and examine the records, and facilities of all radio common carriers to ascertain if there has been compliance with all rules and regulations and orders of the authority, and shall have the power to examine all officers, agents and employees of such radio common carriers, and all other persons, under oath, and to compel the production of papers and the attendance of witnesses to obtain the information necessary for administering the provisions of this chapter.

(d)  The authority has the power and authority to institute all proceedings and investigations, hear all complaints, issue all process and orders, and render all decisions necessary to enforce the provisions of this chapter or of the rules, regulations and orders adopted thereunder, or to otherwise accomplish the purposes of this chapter.

(e)  With respect to borderline jurisdiction between Tennessee and adjacent state jurisdictions, the 37 dBu contour of any base station located in Tennessee and operated from the base station in Tennessee is construed to mean that area within thirty-five (35) miles of the Tennessee base station. The authority shall have full power and authority to negotiate with other state commissions in an effort to determine and work out the conflict, if any, between Tennessee base stations and the base stations certificated and located in other adjoining states.

(f)  The authority has the right to institute, or to intervene as a party in, any action in any court of competent jurisdiction seeking mandamus, injunctive or other relief to compel compliance with any provision of this chapter or of any rule, regulation or order adopted thereunder, or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection with this chapter.

[Acts 1972, ch. 641, § 8; T.C.A., § 65-3008; Acts 1995, ch. 305, § 40.]