Section 65-4-303 - Fee measured by gross receipts from intrastate operations - Rates(a) The amount of the fee provided for in this section shall 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)(1) Except as provided in subdivision (b)(2), "gross receipts from intrastate operations": (A) Means total revenues, before any deductions, which are recognized by the commission as utility revenue for the purpose of setting intrastate rates under chapter 5 of this title; and(B) Does not include any revenues from directory operations; provided, that the exclusion of these revenues from directory operations shall not affect the power of the commission to include or exclude these revenues in setting intrastate rates.(2) For companies that elect market regulation pursuant to § 65-5-109(m), "gross receipts from intrastate operations" means the total revenue derived from the provision of intrastate services to non-affiliated telecommunications carriers, including specifically revenue from interconnection, collocation, billing and collection, inter-carrier compensation, services sold for resale and carrier access; provided, that revenue derived from the provision of retail services and products to consumers that are not telecommunications carriers is excluded.(c)(1) The fee fixed and assessed against and to be paid by each public utility shall be due and payable on or before April 1, 2014, and each April 1 thereafter, and shall be based on the previous calendar year's gross receipts from intrastate operations. The fee shall be four dollars and twenty-five cents ($4.25) per one thousand dollars ($1,000) of such gross receipts over five thousand dollars ($5,000), except as set forth in subdivision (c)(2) for companies that provide telecommunications services.(2)(A) Notwithstanding the calculations in subdivision (c)(1), the minimum inspection fee for companies that elect market regulation pursuant to § 65-5-109(m) shall be forty-nine percent (49%) of the inspection fee that was due by such company on April 1, 2012. Such companies shall file with their fee payments a calculation of both the fee as calculated under subdivision (c)(1) and the alternative minimum calculation established in this subdivision (c)(2)(A).(B) Notwithstanding the calculation in subdivision (c)(1), the maximum inspection fee for a company providing telecommunications services that does not elect to enter market regulation shall be the inspection fee that was due by such company on April 1, 2012.(C) In no event, however, shall the minimum inspection fee for any telecommunications service company be less than one hundred dollars ($100).(d) The fee shall be due and payable on or before April 1, 2014, and each April 1 thereafter.(e) 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 a separate recovery mechanism to be determined by the commission. 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 commission over market-regulated companies in § 65-5-109. A public utility may recoup its inspection fees by including a line item on its subscribers' bills.Amended by 2013 Tenn. Acts, ch. 245, s 4, eff. 4/19/2013.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.