Page:United States Statutes at Large Volume 124.djvu/2784

 124 STAT. 2758 PUBLIC LAW 111–260—OCT. 8, 2010 users as to be effectively available directly to the public, regardless of the facilities used. ‘‘(j) RULE OF CONSTRUCTION.—This section shall not be con- strued to require a manufacturer of equipment used for advanced communications or a provider of advanced communications services to make every feature and function of every device or service acces- sible for every disability. ‘‘SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGATIONS. ‘‘(a) COMPLAINT AND ENFORCEMENT PROCEDURES.—Within one year after the date of enactment of the Twenty-First Century Communications and Video Accessibility Act of 2010, the Commis- sion shall establish regulations that facilitate the filing of formal and informal complaints that allege a violation of section 255, 716, or 718, 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.—The Commission shall not charge any fee to an individual who files a complaint alleging a violation of section 255, 716, or 718. ‘‘(2) RECEIPT OF COMPLAINTS.—The Commission shall estab- lish separate and identifiable electronic, telephonic, and phys- ical receptacles for the receipt of complaints filed under section 255, 716, or 718. ‘‘(3) COMPLAINTS TO THE COMMISSION.— ‘‘(A) IN GENERAL.—Any person alleging a violation of section 255, 716, or 718 by a manufacturer of equipment or provider of service subject to such sections may file a formal or informal complaint with the Commission. ‘‘(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 compli- ance 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.—The Commission may consolidate for investigation and resolution complaints alleging substantially the same violation. ‘‘(4) OPPORTUNITY TO RESPOND.—Before the Commission makes a determination pursuant to paragraph (3), the party that is the subject of the complaint shall have a reasonable opportunity to respond to such complaint, and may include Deadline. Orders. Deadline. Regulations. 47 USC 618.