§ 14.31   Recordkeeping.

   (a) Each manufacturer and service provider subject to section 255, 716, or
   718 of the Act, must create and maintain, in the ordinary course of business
   and for a two year period from the date a product ceases to be manufactured
   or a service ceases to be offered, records of the efforts taken by such
   manufacturer or provider to implement sections 255, 716, and 718 with regard
   to this product or service, as applicable, including:

   (1) Information about the manufacturer's or service provider's efforts to
   consult with individuals with disabilities;

   (2) Descriptions of the accessibility features of its products and services;
   and

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

   (b) An officer of each manufacturer and service provider subject to section
   255,  716,  or 718 of the Act, must sign and file an annual compliance
   certificate with the Commission.

   (1) The certificate must state that the manufacturer or service provider, as
   applicable, has established operating procedures that are adequate to ensure
   compliance with the recordkeeping rules in this subpart and that records are
   being  kept  in  accordance with this section and be supported with an
   affidavit or declaration under penalty of perjury, signed and dated by the
   authorized  officer  of  the  company  with  personal knowledge of the
   representations provided in the company's certification, verifying the truth
   and accuracy of the information therein.

   (2) The certificate shall identify the name and contact details of the
   person  or  persons  within the company that are authorized to resolve
   complaints alleging violations of our accessibility rules and sections 255,
   716, and 718 of the Act, and the agent designated for service pursuant to
   § 14.35(b) of this subpart and provide contact information for this agent.
   Contact information shall include, for the manufacturer or the service
   provider, a name or department designation, business address, telephone
   number, and, if available TTY number, facsimile number, and email address.

   (3) The annual certification must be filed with the Commission on April 1,
   2013 and annually thereafter for records pertaining to the previous calendar
   year. The certificate must be updated when necessary to keep the contact
   information current.

   (c) Upon the service of a complaint, formal or informal, on a manufacturer
   or service provider under this subpart, a manufacturer or service provider
   must  produce to the Commission, upon request, records covered by this
   section and may assert a statutory request for confidentiality for these
   records under 47 U.S.C. 618(a)(5)(C) and § 0.457(c) of this chapter. All
   other information submitted to the Commission pursuant to this subpart or
   pursuant to any other request by the Commission may be submitted pursuant to
   a request for confidentiality in accordance with § 0.459 of this chapter.

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