The FCC released a Public Notice reminding service providers and equipment manufacturers of their obligations under the FCC’s disability accessibility rules. By April 1, 2014, covered entities must complete, submit, and maintain the following three pieces of information in the “Recordkeeping Compliance Certification and Contact Information Registry” (RCCCI Registry):
- annual recordkeeping compliance certifications;
- current contact information for consumers; and
- current U.S. agent for service contact information.
The RCCCI Registry is a web-based system designed to facilitate compliance with the above obligations. This is the same system that was used in 2013.
This year’s Public Notice includes an expanded Frequently Asked Question section. Among the more noteworthy additions are the following:
- Covered entities must complete, submit, and maintain all three pieces of information in the RCCCI Registry to comply with the FCC’s rules. Filing one or two, but not all three of these items may result in an enforcement action.
- New recordkeeping certifications must be filed every year. However, new contact information records do not need to be filed every year. Instead, once filed, contact information records (for consumers and for the U.S. agent for service) must be edited and updated within 30 days of any material change. (The filing of the annual recordkeeping certification provides a natural opportunity to ensure that contact information records have been appropriately updated.)
- The agent for service of informal and formal accessibility complaints must be located within the U.S. but may be the covered entity’s registered agent, an in-house or outside attorney, or a responsible person who is a non-attorney, including a designated company employee or the same person that is designated to receive complaints directly from customers.
The Public Notice also reminds covered entities that there is no exemption for small entities. The exemption for small entities under the rules implementing Section 716 of the Communications Act (i.e., non-interconnected VoIP providers, providers of interoperable video conferencing service, and providers of electronic messaging service (e.g., email and text messaging)) expired on October 8, 2013. Small entities that became subject to the accessibility requirements as of October 8, 2013, must submit recordkeeping compliance certifications for the period of October 8, 2013 through December 31, 2013, and contact information, by April 1, 2014.