§ 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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