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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) Exemption for IP networks. A voice service provider may seek an exemption from the requirements of § 64.6301 by certifying on or before December 1, 2020, that, for those portions of its network served by technology that allows for the transmission of SIP calls, it:
(1) Has adopted the STIR/SHAKEN authentication framework for calls on the Internet Protocol networks of the voice service provider, by completing the network preparations necessary to deploy the STIR/SHAKEN protocols on its network including but not limited to participation in test beds and lab testing, or completion of commensurate network adjustments to enable the authentication and validation of calls on its network consistent with the STIR/SHAKEN framework;
(2) Has agreed voluntarily to participate with other voice service providers in the STIR/SHAKEN authentication framework, as demonstrated by completing formal registration (including payment) and testing with the STI Policy Administrator;
(3) Has begun to implement the STIR/SHAKEN authentication framework by completing the necessary network upgrades to at least one network element—e.g., a single switch or session border controller—to enable the authentication and verification of caller identification information consistent with the STIR/SHAKEN standards; and
(4) Will be capable of fully implementing the STIR/SHAKEN authentication framework not later than June 30, 2021, which it may only determine if it reasonably foresees that it will have completed all necessary network upgrades to its network infrastructure to enable the authentication and verification of caller identification information for all SIP calls exchanged with STIR/SHAKEN–enabled partners by June 30, 2021.
(b) Exemption for non–IP networks. A voice service provider may seek an exemption from the requirement to upgrade its network to allow for the initiation, maintenance, and termination of SIP calls and fully implement the STIR/SHAKEN framework as required by § 64.6301 throughout its network by June 30, 2021, and from associated recordkeeping and reporting requirements, by certifying on or before December 1, 2020, that, for those portions of its network that do not allow for the transmission of SIP calls, it:
(1) Has taken reasonable measures to implement an effective call authentication framework by either:
(i) Upgrading its entire network to allow for the initiation, maintenance, and termination of SIP calls, and fully implementing the STIR/SHAKEN framework as required in § 64.6301 throughout its network; or
(ii) Maintaining and being ready to provide the Commission on request with documented proof that it is participating, either on its own or through a representative, including third party representatives, as a member of a working group, industry standards group, or consortium that is working to develop a non-internet Protocol caller identification authentication solution, or actively testing such a solution; and
(2) Will be capable of fully implementing an effective call authentication framework not later than June 30, 2021, because it reasonably foresees that it will have completed all necessary network upgrades to its network infrastructure to enable the authentication and verification of caller identification information for all non-internet Protocol calls originating or terminating on its network as provided by a standardized caller identification authentication framework for non-internet Protocol networks by June 30, 2021.
(c) Certification submission procedures. All certifications that a voice service provider is eligible for exemption shall be:
(1) Filed in the Commission's Electronic Comment Filing System (ECFS) in WC Docket No. 20–68, Exemption from Caller ID Authentication Requirements, no later than December 1, 2020;
(2) Signed by an officer in conformity with 47 CFR 1.16; and
(3) Accompanied by detailed support as to the assertions in the certification.
(d) Determination timing. The Wireline Competition Bureau shall determine whether to grant or deny timely requests for exemption on or before December 30, 2020.
(e) Implementation verification. All voice service providers granted an exemption under paragraphs (a) and (b) of this section shall file an additional certification consistent with the requirements of paragraph (c) of this section on or before a date specified in a document issued by the Wireline Competition Bureau (amending this paragraph (e)) that attests to whether the voice service provider fully implemented the STIR/SHAKEN authentication framework because it completed all necessary network upgrades to its network infrastructure to enable the authentication and verification of caller identification information for all SIP calls exchanged with STIR/SHAKEN–enabled partners by June 30, 2021. The Wireline Competition Bureau, after issuing a Public Notice seeking comment on the certifications, will, not later than four months after the deadline for filing of the certifications, issue a Public Notice identifying which voice service providers achieved complete implementation of the STIR/SHAKEN authentication framework.
(1) If a voice service provider cannot certify to full implementation upon the filing of this second certification, but demonstrates to the Wireline Competition Bureau that:
(i) It filed its initial certification in good faith—i.e., with a reasonable expectation that it would be able to achieve full implementation as initially certified; and
(ii) It made a good faith effort to complete implementation, the consequence for such a shortcoming is the loss of the exemption and the application of the implementation requirements of §§ 64.6301 and 64.6303, effective immediately upon release by the Wireline Competition Bureau of the Public Notice identifying which voice service providers achieved full implementation of the STIR/SHAKEN authentication framework.
(2) If a voice service provider cannot certify to full implementation upon the filing of this second certification, and the Wireline Competition Bureau finds that the voice service provider filed its initial certification in bad faith or failed to make a good faith effort to complete implementation, then:
(i) The voice service provider is required to fully implement the STIR/SHAKEN authentication framework immediately upon release by the Wireline Competition Bureau of the Public Notice identifying which voice service providers achieved full implementation of the STIR/SHAKEN authentication framework; and
(ii) The Wireline Competition Bureau shall refer the voice service provider to the Enforcement Bureau for possible enforcement action based on filing a false initial certification.
Cite this article: FindLaw.com - Code of Federal Regulations Title 47. Telecommunication § 47.64.6306 Exemption - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-47-telecommunication/cfr-sect-47-64-6306/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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