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47 CFR § 64.2109 - Safe harbor from intermediate provider service quality standards.

---
identifier: "/us/cfr/t47/s64.2109"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "47 CFR § 64.2109 - Safe harbor from intermediate provider service quality standards."
title_number: 47
title_name: "Telecommunication"
section_number: "64.2109"
section_name: "Safe harbor from intermediate provider service quality standards."
chapter_name: "FEDERAL COMMUNICATIONS COMMISSION"
subchapter_number: "B"
subchapter_name: "COMMON CARRIER SERVICES"
part_number: "64"
part_name: "MISCELLANEOUS RULES RELATING TO COMMON CARRIERS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "47 U.S.C. 151, 152, 154, 201, 202, 217, 218, 220, 222, 225, 226, 227, 227b, 228, 251(a), 251(e), 254(k), 255, 262, 276, 403(b)(2)(B), (c), 616, 620, 716, 1401-1473, unless otherwise noted; Pub. L. 115-141, Div. P, sec. 503, 132 Stat. 348, 1091; Pub. L. 117-338, 136 Stat. 6156."
regulatory_source: "28 FR 13239, Dec. 5, 1963, unless otherwise noted."
cfr_part: "64"
---

# 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]