§ 64.2117   Use of Registered Intermediate Providers.

   (a) Prohibition on use of unregistered intermediate providers. A
   covered provider shall not use an intermediate provider to carry,
   route, or transmit covered voice communications unless such
   intermediate provider is registered pursuant to section 64.2115 of this
   subpart.

   (b) Force majeure exemption. (1) If, due to a force majeure for which a
   covered provider has instituted a disaster recovery plan, there are no
   registered intermediate providers available to carry, route, or
   transmit covered voice communications, a covered provider need not
   comply with paragraph (a) of this section for a period of up to 180
   days with respect to those covered voice communications. A covered
   provider shall submit to the Commission a certification, signed by a
   corporate officer or official with authority to bind the corporation,
   and knowledge of the details of the covered provider's inability to
   comply with our rules, explaining the circumstances justifying an
   exemption under this section as soon as practicable.

   (2) A covered provider seeking an extension of the exemption described
   in paragraph (b)(1) of this section must submit a request for an
   extension of the exemption period to the Commission. Such an extension
   request shall, at minimum, include a status report on the covered
   provider's attempts to comply with paragraph (a) of this section; and a
   statement detailing how the covered provider intends to ensure that
   calls are completed notwithstanding the unavailability of registered
   intermediate providers.

   (3) For purposes of this section, “force majeure” means a highly
   disruptive event beyond the control of the covered provider, such as a
   natural disaster or a terrorist attack.

   (4) For purposes of this section, “disaster recovery plan” means a
   disaster response plan developed by the covered provider for the
   purpose of responding to a force majeure event.

   [ 83 FR 47309 , Sept. 19, 2018]

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