SB2857113th GA (Historical)Introduced

Amends TCA Title 4; Title 7; Title 13; Title 49 and Title 65.

This bill requires that all critical telecommunications infrastructure within this state be constructed without the use of equipment or equipment with critical or necessary components manufactured by a federally banned corporation, a foreign adversary, an entity owned by a foreign adversary, or a company domiciled within a foreign adversary. Critical telecommunications infrastructure currently operating within this state, including any critical telecommunications infrastructure that is not permanently disabled, must have all prohibited equipment removed and replaced by December 1, 2025, with equipment that is not prohibited. A telecommunications provider that removes, discontinues, or replaces any prohibited telecommunications equipment or service is not required to obtain any additional permits from any state agency or political subdivision for the removal, discontinuance, or replacement of the communications equipment or service if the state agency or political subdivision is properly notified of the necessary replacements and the replacement communications equipment is similar to the existing communications equipment. For purposes of this bill, "federally banned corporation" means a company or designated equipment currently banned by the federal government, including a ban resulting from the following federal agencies or acts: (1) The FCC, including equipment or service deemed to pose a threat to national security identified on the covered list developed pursuant to federal regulations; (2) The department of commerce, including the department's bureau of industry and security; (3) The cybersecurity and infrastructure security agency; (4) The federal acquisition security council; or (5) Relevant portions of the John S. McCain National Defense. For purposes of this bill, "foreign adversary" mean (i) the People's Republic of China; (ii) the Russian Federation; (iii) the Islamic Republic of Iran; (iv) the Democratic People's Republic of Korea; (v) the Republic of Cuba; (vi) the Venezuelan regime of Nicolás Maduro; (vii) the Syrian Arab Republic; an agent or another entity under the control of a country listed in this provision; or another entity designated by the governor in consultation with the department of safety ("department"). REGISTRATION This bill requires a telecommunications provider, by September 1, 2024, and then by January 1 of each subsequent year, to (i) register with the department prior to providing services within this state on a form prescribed by the department; and (ii) concurrently with the registration, pay an annual registration fee, as prescribed by the department, that does not exceed $50. This bill additionally requires a telecommunications provider to do the following: (1) Provide the department with the name, address, telephone number, and email address of an individual with managerial responsibility for the provider's operations within this state; (2) Ensure that the information required for registration is current; (3) Notify the department of any changes to the information required within 60 days of the date on which the change occurred; and (4) Certify to the department by January 1 of each year that all critical telecommunications equipment and infrastructure within its operation do not use or provide any communications equipment prohibited by this bill. PENALTIES This bill requires the department to impose a fine against a telecommunications provider for (i) committing a violation as described in this bill, with a fine of $10,000-$100,000 per violation; or (ii) knowingly submitting a false registration form, with a fine of not less than $10,000 per day and no more than $100,000 per form. Each day of noncompliance constitutes a separate violation. WITHDRAWAL OF FUNDING FOR VIOLATIONS This bill prohibits a telecommunications provider that fails to comply with this bill from receiving (i) state or local funds for the development or support of new or existing critical telecommunications infrastructure; or (ii) federal funds subject to distribution by state or local governments for the development or support of new or existing critical telecommunications infrastructure. RULEMAKING This bill authorizes the department to promulgate rules to effectuate this bill.

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Overview

This bill requires that all critical telecommunications infrastructure within this state be constructed without the use of equipment or equipment with critical or necessary components manufactured by a federally banned corporation, a foreign adversary, an entity owned by a foreign adversary, or a company domiciled within a foreign adversary. Critical telecommunications infrastructure currently operating within this state, including any critical telecommunications infrastructure that is not permanently disabled, must have all prohibited equipment removed and replaced by December 1, 2025, with equipment that is not prohibited. A telecommunications provider that removes, discontinues, or replaces any prohibited telecommunications equipment or service is not required to obtain any additional permits from any state agency or political subdivision for the removal, discontinuance, or replacement of the communications equipment or service if the state agency or political subdivision is properly notified of the necessary replacements and the replacement communications equipment is similar to the existing communications equipment. For purposes of this bill, "federally banned corporation" means a company or designated equipment currently banned by the federal government, including a ban resulting from the following federal agencies or acts: (1) The FCC, including equipment or service deemed to pose a threat to national security identified on the covered list developed pursuant to federal regulations; (2) The department of commerce, including the department's bureau of industry and security; (3) The cybersecurity and infrastructure security agency; (4) The federal acquisition security council; or (5) Relevant portions of the John S. McCain National Defense. For purposes of this bill, "foreign adversary" mean (i) the People's Republic of China; (ii) the Russian Federation; (iii) the Islamic Republic of Iran; (iv) the Democratic People's Republic of Korea; (v) the Republic of Cuba; (vi) the Venezuelan regime of Nicolás Maduro; (vii) the Syrian Arab Republic; an agent or another entity under the control of a country listed in this provision; or another entity designated by the governor in consultation with the department of safety ("department"). REGISTRATION This bill requires a telecommunications provider, by September 1, 2024, and then by January 1 of each subsequent year, to (i) register with the department prior to providing services within this state on a form prescribed by the department; and (ii) concurrently with the registration, pay an annual registration fee, as prescribed by the department, that does not exceed $50. This bill additionally requires a telecommunications provider to do the following: (1) Provide the department with the name, address, telephone number, and email address of an individual with managerial responsibility for the provider's operations within this state; (2) Ensure that the information required for registration is current; (3) Notify the department of any changes to the information required within 60 days of the date on which the change occurred; and (4) Certify to the department by January 1 of each year that all critical telecommunications equipment and infrastructure within its operation do not use or provide any communications equipment prohibited by this bill. PENALTIES This bill requires the department to impose a fine against a telecommunications provider for (i) committing a violation as described in this bill, with a fine of $10,000-$100,000 per violation; or (ii) knowingly submitting a false registration form, with a fine of not less than $10,000 per day and no more than $100,000 per form. Each day of noncompliance constitutes a separate violation. WITHDRAWAL OF FUNDING FOR VIOLATIONS This bill prohibits a telecommunications provider that fails to comply with this bill from receiving (i) state or local funds for the development or support of new or existing critical telecommunications infrastructure; or (ii) federal funds subject to distribution by state or local governments for the development or support of new or existing critical telecommunications infrastructure. RULEMAKING This bill authorizes the department to promulgate rules to effectuate this bill.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

February 1, 2024

Subjects
41855025

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