§ 64.2109   Safe harbor from intermediate provider service quality standards.

   (a)(1) A covered provider may qualify as a safe harbor provider under
   this subpart if it files, in WC Docket No. 13-39, one of the following
   certifications, signed under penalty of perjury by an officer or
   director of the covered provider regarding the accuracy and
   completeness of the information provided:

   “I ____(name), ____(title), an officer of ____(entity), certify that
   ____(entity) uses no intermediate providers;” or

   “I ____(name), ____(title), an officer of ____(entity), certify that
   ____(entity) restricts by contract any intermediate provider to which a
   call is directed by ____(entity) from permitting more than one
   additional intermediate provider in the call path before the call
   reaches the terminating provider or terminating tandem. I certify that
   any nondisclosure agreement with an intermediate provider permits
   ____(entity) to reveal the identity of the intermediate provider and
   any additional intermediate provider to the Commission and to the rural
   incumbent local exchange carrier(s) whose incoming long-distance calls
   are affected by the intermediate provider's performance. I certify that
   ____(entity) has a process in place to monitor the performance of its
   intermediate providers.”

   (2) The certification in paragraph (a)(1) of this section must be
   submitted:

   (i) For the first time on or before February 26, 2019; and

   (ii) Annually thereafter.

   (b) The requirements of § 64.2119 shall not apply to intermediate
   provider traffic transmitted by safe harbor qualifying covered
   providers functioning as intermediate providers.

   [ 84 FR 25706 , June 4, 2019]

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