Page:United States Statutes at Large Volume 124.djvu/2785

 124 STAT. 2759 PUBLIC LAW 111–260—OCT. 8, 2010 in such response any factors that are relevant to such deter- mination. Before issuing a final order under paragraph (3)(B)(i), the Commission shall provide such party a reasonable oppor- tunity to comment on any proposed remedial action. ‘‘(5) RECORDKEEPING.—(A) Beginning one year after the effective date of regulations promulgated pursuant to section 716(e), each manufacturer and provider subject to sections 255, 716, and 718 shall maintain, in the ordinary course of business and for a reasonable period, records of the efforts taken by such manufacturer or provider to implement sections 255, 716, and 718, including the following: ‘‘(i) Information about the manufacturer’s or pro- vider’s efforts to consult with individuals with disabil- ities. ‘‘(ii) Descriptions of the accessibility features of its products and services. ‘‘(iii) Information about the compatibility of such products and services with peripheral devices or specialized customer premise equipment commonly used by individuals with disabilities to achieve access. ‘‘(B) An officer of a manufacturer or provider shall submit to the Commission an annual certification that records are being kept in accordance with subparagraph (A). ‘‘(C) After the filing of a formal or informal complaint against a manufacturer or provider in the manner prescribed in paragraph (3), the Commission may request, and shall keep confidential, a copy of the records maintained by such manufac- turer or provider pursuant to subparagraph (A) of this para- graph that are directly relevant to the equipment or service that is the subject of such complaint. ‘‘(6) FAILURE TO ACT.—If the Commission fails to carry out any of its responsibilities to act upon a complaint in the manner prescribed in paragraph (3), the person that filed such complaint may bring an action in the nature of mandamus in the United States Court of Appeals for the District of Columbia to compel the Commission to carry out any such responsibility. ‘‘(7) COMMISSION JURISDICTION.—The limitations of section 255(f) shall apply to any claim that alleges a violation of section 255, 716, or 718. Nothing in this paragraph affects or limits any action for mandamus under paragraph (6) or any appeal pursuant to section 402(b)(10). ‘‘(8) PRIVATE RESOLUTIONS OF COMPLAINTS.—Nothing in the Commission’s rules or this Act shall be construed to preclude a person who files a complaint and a manufacturer or provider from resolving a formal or informal complaint prior to the Commission’s final determination in a complaint proceeding. In the event of such a resolution, the parties shall jointly request dismissal of the complaint and the Commission shall grant such request. ‘‘(b) REPORTS TO CONGRESS.— ‘‘(1) IN GENERAL.—Every two years after the date of enact- ment of the Twenty-First Century Communications and Video Accessibility Act of 2010, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes the following: Applicability. Deadline. Certification. Effective date.