65-4-303 - Fee measured by gross receipts from intrastate operations Rates.
65-4-303. Fee measured by gross receipts from intrastate operations Rates.
(a) The amount of the fee provided for in this section is to be measured by the amount of the gross receipts from intrastate operations of each public utility in excess of five thousand dollars ($5,000).
(b) Gross receipts from intrastate operations means total revenues, before any deductions, which are recognized by the authority as utility revenue for the purpose of setting intrastate rates under chapter 5 of this title. These receipts shall not include any revenues from directory operations; provided, that the exclusion of these revenues from directory operations shall not affect the power of the authority to include or exclude these revenues in setting intrastate rates.
(c) (1) Except as set forth in subdivision (c)(2), the fee fixed and assessed against and to be paid by each public utility shall be due and payable on or before April 1, 2010, and each April 1 thereafter and be based on the previous calendar year's gross receipts from intrastate operations. The fee shall be as follows:
(A) Four dollars and twenty-five cents ($4.25) per one thousand dollars ($1,000) for the first one million dollars ($1,000,000) or less of such gross receipts over five thousand dollars ($5,000); and
(B) For public utility gross receipts over and above one million dollars ($1,000,000), three dollars and twenty-five cents ($3.25) per one thousand dollars ($1,000).
(2) (A) The fee fixed and assessed against and to be paid by each telecommunications public utility that has, as of July 1, 2009, over one million (1,000,000) telephone access lines in this state and elects to operate under market regulation pursuant to § 65-5-109 by the date that the fee is due and payable shall be as follows:
(i) Three dollars ($3.00) per one thousand dollars ($1,000) for the first one million dollars ($1,000,000) or less of gross receipts from intrastate operations over five thousand dollars ($5,000); and
(ii) For such public utility gross receipts over and above one million dollars ($1,000,000), two dollars and seventy-three cents ($2.73) per one thousand dollars ($1,000) of gross receipts from intrastate operations.
(B) The fee shall be due and payable on or before April 1, 2010, and each April 1 thereafter.
(d) The fee provided for in this section may be recovered by a public utility operating under rate of return regulation through either a rate case proceeding pursuant to § 65-5-103 or through a separate recovery mechanism to be determined by the authority. Nothing in this section shall alter the manner in which public utilities that operate under price regulation or market regulation, pursuant to § 65-5-109, may set rates. Nothing in this section shall alter the limitations on the jurisdiction of the authority over market-regulated companies as set forth in § 65-5-109. A public utility may recoup its inspection fees by including a line item on its subscribers' bills.
[Acts 1921, ch. 107, § 2; Shan. Supp., § 3059a101; Code 1932, § 5461; Acts 1935, ch. 139, § 1; C. Supp. 1950, § 5461; T.C.A. (orig. ed.), § 65-427; Acts 1986, ch. 862, § 5; 1987, ch. 53, § 1; 1993, ch. 461, § 1; 1995, ch. 305, § 20; 2009, ch. 531, § 54.]