§ 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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