H. R. 1084
IN THE SENATE OF THE UNITED STATES
December 16, 2009
Received; read twice and referred to the Committee on Commerce, Science, and Transportation
To require the Federal Communications Commission to prescribe a standard to preclude commercials from being broadcast at louder volumes than the program material they accompany.
This Act may be cited as the
Commercial Advertisement Loudness
Mitigation Act or the
Rulemaking on loud commercials required
Within 1 year after the date of enactment
of this Act, the Federal Communications Commission shall prescribe pursuant to
the Communications Act of 1934 (47 U.S.C. 151 et seq.) a regulation
that is limited to incorporating by reference and making mandatory (subject to
any waivers the Commission may grant pursuant to subsection (b)(2)) the
Recommended Practice: Techniques for Establishing and Maintaining Audio
Loudness for Digital Television (A/85), and any successor thereto,
approved by the Advanced Television Systems Committee, only insofar as such
recommended practice concerns the transmission of commercial advertisements by
a television broadcast station, cable operator, or other multichannel video
The Federal Communications Commission shall prescribe that the regulation adopted pursuant to subsection (a) shall become effective 1 year after the date of its adoption.
For any television broadcast station, cable operator, or other multichannel video programming distributor that demonstrates that obtaining the equipment to comply with the regulation adopted pursuant to subsection (a) would result in financial hardship, the Federal Communications Commission may grant a waiver of the effective date set forth in paragraph (1) for 1 year and may renew such waiver for 1 additional year.
For purposes of this section—
the term television broadcast station has the meaning given such term in section 325 of the Communications Act of 1934 (47 U.S.C. 325); and
the terms cable operator and multichannel video programming distributor have the meanings given such terms in section 602 of Communications Act of 1934 (47 U.S.C. 522).
Passed the House of Representatives December 15, 2009.
Lorraine C. Miller,