§  79.110   Complaint procedures for user interfaces, menus and guides, and
activating accessibility features on digital apparatus and navigation
devices.

   (a) Complaints concerning an alleged violation of the requirements of
   § 79.107, § 79.108, or § 79.109 must be filed in accordance with this
   section. For purposes of this section, a covered entity is the entity
   or entities responsible for compliance with § 79.107, § 79.108, or
   § 79.109.

   (1) Complaints must be filed with the Commission or with the covered
   entity within 60 days after the date the complainant experiences a
   problem relating to compliance with the requirements of § 79.107,
   § 79.108, or § 79.109. A complaint filed with the Commission may be
   transmitted to the Consumer and Governmental Affairs Bureau by any
   reasonable means, such as the Commission's online informal complaint
   filing system, letter, facsimile, telephone (voice/TRS/TTY), email, or
   some other method that would best accommodate the complainant's
   disability.

   (2) A complaint should include the following information:

   (i) The complainant's name, address, and other contact information,
   such as telephone number and email address;

   (ii) The name and contact information of the covered entity;

   (iii) Information sufficient to identify the software or digital
   apparatus/navigation device used;

   (iv) The date or dates on which the complainant purchased, acquired, or
   used, or tried to purchase, acquire, or use the digital
   apparatus/navigation device;

   (v) A statement of facts sufficient to show that the covered entity has
   violated, or is violating, the Commission's rules;

   (vi) The specific relief or satisfaction sought by the complainant;

   (vii) The complainant's preferred format or method of response to the
   complaint; and

   (viii) If a complaint pursuant to § 79.108, the date that the
   complainant requested an accessible navigation device and the person or
   entity to whom that request was directed.

   (3) If a complaint is filed first with the Commission, the Commission
   will forward a complaint satisfying the above requirements to the named
   covered entity for its response, as well as to any other entity that
   Commission staff determines may be involved. The covered entity or
   entities must respond in writing to the Commission and the complainant
   within 30 days after receipt of the complaint from the Commission.

   (4) If a complaint is filed first with the covered entity, the covered
   entity must respond in writing to the complainant within 30 days after
   receipt of a complaint. If the covered entity fails to respond to the
   complainant within 30 days, or the response does not satisfy the
   consumer, the complainant may file the complaint with the Commission
   within 30 days after the time allotted for the covered entity to
   respond. If the consumer subsequently files the complaint with the
   Commission (after filing with the covered entity) and the complaint
   satisfies the above requirements in paragraph 2 of this section, the
   Commission will forward the complaint to the named covered entity for
   its response, as well as to any other entity that Commission staff
   determines may be involved. The covered entity must then respond in
   writing to the Commission and the complainant within 30 days after
   receipt of the complaint from the Commission.

   (5) In response to a complaint, the covered entity must file with the
   Commission sufficient records and documentation to prove that it was
   (and remains) in compliance with the Commission's rules. Conclusory or
   insufficiently supported assertions of compliance will not carry the
   covered entity's burden of proof. If the covered entity admits that it
   was not, or is not, in compliance with the Commission's rules, it must
   file with the Commission sufficient records and documentation to
   explain the reasons for its noncompliance, show what remedial steps it
   has taken or will take, and show why such steps have been or will be
   sufficient to remediate the problem.

   (6) The Commission will review all relevant information provided by the
   complainant and the covered entity, as well as any additional
   information the Commission deems relevant from its files or public
   sources. The Commission may request additional information from any
   relevant parties when, in the estimation of Commission staff, such
   information is needed to investigate the complaint or adjudicate
   potential violations of Commission rules. When the Commission requests
   additional information, parties to which such requests are addressed
   must provide the requested information in the manner and within the
   time period the Commission specifies.

   (7) If the Commission finds that a covered entity has violated the
   requirements of § § 79.107, 79.108, or 79.109, it may employ the full
   range of sanctions and remedies available under the Communications Act
   of 1934, as amended, against any or all of the violators.

   (b) Contact information. A covered entity must make contact information
   available for the receipt and handling of complaints. The contact
   information required must include the name of a person with primary
   responsibility for accessibility compliance issues. This contact
   information must also include that person's title or office, telephone
   number, fax number, postal mailing address, and email address. A
   covered entity must keep this information current and update it within
   10 business days of any change.

   

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