IN THE SENATE OF THE UNITED STATES
December 8, 2009
Mr. Whitehouse (for himself and Mr. Schumer) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
To regulate the volume of audio on commercials.
This Act may be cited as
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 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.
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—
television broadcast station has the meaning given such term in
section 325 of the Communications Act of 1934 (47 U.S.C. 325); and
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).