S. 2847 (111th): CALM Act

111th Congress, 2009–2010. Text as of Dec 04, 2010 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPO

S.2847

One Hundred Eleventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, two thousand and ten

An Act

To regulate the volume of audio on commercials.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Commercial Advertisement Loudness Mitigation Act’ or the ‘CALM Act’.

SEC. 2. RULEMAKING ON LOUD COMMERCIALS REQUIRED.

    (a) Rulemaking 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) 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 programming distributor.

    (b) Implementation-

      (1) EFFECTIVE DATE- 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.

      (2) WAIVER- 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.

      (3) Waiver authority- Nothing in this section affects the Commission’s authority under section 1.3 of its rules (47 C.F.R. 1.3) to waive any rule required by this Act, or the application of any such rule, for good cause shown to a television broadcast station, cable operator, or other multichannel video programming distributor, or to a class of such stations, operators, or distributors.

    (c) Compliance- Any broadcast television operator, cable operator, or other multichannel video programming distributor that installs, utilizes, and maintains in a commercially reasonable manner the equipment and associated software in compliance with the regulations issued by the Federal Communications Commission in accordance with subsection (a) shall be deemed to be in compliance with such regulations.

    (d) Definitions- For purposes of this section--

      (1) 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

      (2) the terms ‘cable operator’ and ‘multi-channel video programming distributor’ have the meanings given such terms in section 602 of Communications Act of 1934 (47 U.S.C. 522).

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.