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1995 Tennessee Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagtn0144 and id is 1 raw text is: ATTORNEY GENERAL OFTENNESSFl' Published by Authority of Chapter 276 Public Acts of 1971 September, 1995 95-097 CABLE SERVICE: With a fea exceptions. federal law currentlh prolbits a telephone company from pro% iding % ideo programming to subscribers in ti telephone service area either directly or through an alliliate. The Federal Communications Commission should he consulted regarding w hether an exceptions would apply to the 0ii of Tullahoma I hus, regardless of staic las. federal law probably prohibits the city from running both s% stems. Further. the City's charter is not broad enough to authorize it to operate a cable Me ision service. I lowever. subject to federal law. the City of ITullahona has power under state law to operate a telephone company. Since the CitN is not authorized to operate a cable television service. the Board of Public ( 7tilities cannot own and operate the system. The hoard may own and operate a city telephone ssstin. but should keep separate accounts tor each utility sisten that it operates. 47 I t... §153.47 U.S.C. 521, 47 (.S.C. 533: T.C.A. §6-19-101. §7-52-101-1 I1. 7-52-133. §7-59-101. §65-4-101: Op. Tenn. Atty. Gen. 88-170 (September 20, 1988). 95-098 CAMPAIGN FINANCE: Campaign Contribution Limits Act of 1995/Constituent Service Accounts: The contribution and reporting limits established under the Campaign Contribution Limits Act of 1995. Public Chapter $31. do not apply to donations made to constituent service accounts to defray non-campaign expenses of members of the General Assembl necessarily related to the adequate performance of that member's legislatise duties and required to be disclosed under T.C.A. §8-50-502(5). Whether any particular expense fails within this category or is a campaign expense which must be paid out of the member's campaign contributions which are subject to all the limits established under the Campaign Contribution Limitations Act of 1995 will depend on lacis and circumstances. The Registry of Election Finance. which is charged with enforcing the disclosure provisions under T.C.A. 28-50-501 and the campaign Contribution Limitations Act, is authorized to promulgate regulations to deline which expenses are necessarily related to the adequate perlbrmiance of that member's legislative duties. Further, the Lobbying Reform Act of 1995. Public Chapter 529. prohibits a lobb) ist or employer of a lobbyist from making a donation in any amount to a constituent service account, unless the donation is otherwise exempt under that Act. 2 U.S.C. §59e (d): T.C.A. §2-10-10-105, §2- 10-301-309. §3-6-102, 8-60-501 -505: Op. Tcnn. Ally. (en. 88-40 1 Fcbruary 24, 1988).

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