Other/Miscellaneous:
Tennessee Supreme Court Says Local Franchise Fees Do Not Apply to Streaming Companies
Case No. M2021-01107-SC-R23-CV, Tenn. (certified question of law 11/22/22). Responding to a “Certified Question of Law” from the US District Court for the Eastern District of Tennessee in an underlying federal lawsuit filed by a Tennessee municipality against various streaming entertainment companies claiming that they owed local franchise fees imposed on certain video service providers under Tennessee’s Competitive Cable and Video Services Act, the Tennessee Supreme Court held that the companies do not provide a “video service” within the meaning of Tenn. Code Ann. section 7-59-303(19) and thus do not qualify as “video service providers” subject to the fees under Tenn. Code Ann. section 7-59-303(20).
The holding in this case is in line with similar recent court decisions in other states. Please contact us with any questions.
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