47 USC 618 - Enforcement and recordkeeping obligations

U.S Code last checked for updates: Nov 22, 2024

§ 618.

Enforcement and recordkeeping obligations

(a)

Complaint and enforcement procedures

Within one year after October 8, 2010, the Commission shall establish regulations that facilitate the filing of formal and informal complaints that allege a violation of section 255, 617, or 619 of this title, establish procedures for enforcement actions by the Commission with respect to such violations, and implement the recordkeeping obligations of paragraph (5) for manufacturers and providers subject to such sections. Such regulations shall include the following provisions:

(1)

No fee

(2)

Receipt of complaints

(3)

Complaints to the Commission

(A)

In general

(B)

Investigation of informal complaint

The Commission shall investigate the allegations in an informal complaint and, within 180 days after the date on which such complaint was filed with the Commission, issue an order concluding the investigation, unless such complaint is resolved before such time. The order shall include a determination whether any violation occurred.

(i)

If the Commission determines that a violation has occurred, the Commission may, in the order issued under this subparagraph or in a subsequent order, direct the manufacturer or service provider to bring the service, or in the case of a manufacturer, the next generation of the equipment or device, into compliance with requirements of those sections within a reasonable time established by the Commission in its order.

(ii)

No violation.—

If a determination is made that a violation has not occurred, the Commission shall provide the basis for such determination.

(C)

Consolidation of complaints

(4)

Opportunity to respond

(5)

Recordkeeping

(A)

Beginning one year after the effective date of regulations promulgated pursuant to section 617(e) of this title, each manufacturer and provider subject to sections 255, 617, and 619 of this title shall maintain, in the ordinary course of business and for a reasonable period, records of the efforts taken by such manufacturer or provider to implement sections 255, 617, and 619 of this title, including the following:

(i)

Information about the manufacturer’s or provider’s efforts to consult with individuals with disabilities.

(ii)

Descriptions of the accessibility features of its products and services.

(iii)

Information about the compatibility of such products and services with peripheral devices or specialized customer premise equipment commonly used by individuals with disabilities to achieve access.

(B)

An officer of a manufacturer or provider shall submit to the Commission an annual certification that records are being kept in accordance with subparagraph (A).

(C)

After the filing of a formal or informal complaint against a manufacturer or provider, the Commission may request, and shall keep confidential, a copy of the records maintained by such manufacturer or provider pursuant to subparagraph (A) of this paragraph that are directly relevant to the equipment or service that is the subject of such complaint.

(6)

Failure to act

(7)

Commission jurisdiction

(8)

Private resolutions of complaints

(b)

Reports to Congress

(1)

In general

Every two years after October 8, 2010, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes the following:

(A)

An assessment of the level of compliance with sections 255, 617, and 619 of this title.

(B)

An evaluation of the extent to which any accessibility barriers still exist with respect to new communications technologies.

(C)

The number and nature of complaints received pursuant to subsection (a) during the two years that are the subject of the report.

(D)

A description of the actions taken to resolve such complaints under this section, including forfeiture penalties assessed.

(E)

The length of time that was taken by the Commission to resolve each such complaint.

(F)

The number, status, nature, and outcome of any actions for mandamus filed pursuant to subsection (a)(6) and the number, status, nature, and outcome of any appeals filed pursuant to section 402(b)(10) of this title.

(G)

An assessment of the effect of the requirements of this section on the development and deployment of new communications technologies.

(2)

Public comment required

(c)

Comptroller General enforcement study

(1)

In general

The Comptroller General shall conduct a study to consider and evaluate the following:

(A)

The Commission’s compliance with the requirements of this section, including the Commission’s level of compliance with the deadlines established under and pursuant to this section and deadlines for acting on complaints pursuant to subsection (a).

(B)

Whether the enforcement actions taken by the Commission pursuant to this section have been appropriate and effective in ensuring compliance with this section.

(C)

Whether the enforcement provisions under this section are adequate to ensure compliance with this section.

(D)

Whether, and to what extent (if any), the requirements of this section have an effect on the development and deployment of new communications technologies.

(2)

Report

(d)

Clearinghouse

(e)

Outreach and education

(June 19, 1934, ch. 652, title VII, § 717, as added Pub. L. 111–260, title I, § 104(a), Oct. 8, 2010, 124 Stat. 2758; amended Pub. L. 111–265, § 2(3), Oct. 8, 2010, 124 Stat. 2795.)

cite as: 47 USC 618