S. 2847 (111th): CALM Act

111th Congress, 2009–2010. Text as of Sep 28, 2010 (Reported by Senate Committee).

Status & Summary | PDF | Source: GPO

S 2847 RS

Calendar No. 625

111th CONGRESS

2d Session

S. 2847

To regulate the volume of audio on commercials.

IN THE SENATE OF THE UNITED STATES

December 8, 2009

Mr. WHITEHOUSE (for himself, Mr. SCHUMER, Mr. JOHNSON, Mrs. MURRAY, Mr. BROWN of Ohio, Mr. NELSON of Florida, Mrs. MCCASKILL, and Mr. ROCKEFELLER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

September 28, 2010

Reported by Mr. ROCKEFELLER, with an amendment

[Strike all after the enacting clause and insert the part printed in italic]


A BILL

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,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Commercial Advertisement Loudness Mitigation Act’ or the ‘CALM Act’. [<-Struck out]

[Struck out->] SEC. 2. RULEMAKING ON LOUD COMMERCIALS REQUIRED. [<-Struck out]

    [Struck out->] (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 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. [<-Struck out]

    [Struck out->] (b) IMPLEMENTATION- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (c) DEFINITIONS- For purposes of this section-- [<-Struck out]

      [Struck out->] (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 [<-Struck out]

      [Struck out->] (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). [<-Struck out]

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) 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).

Calendar No. 625

111th CONGRESS

2d Session

S. 2847

A BILL

To regulate the volume of audio on commercials.


September 28, 2010

Reported with an amendment