[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2847 Reported in Senate (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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Commercial Advertisement 
Loudness Mitigation Act'' or the ``CALM Act''.</DELETED>

<DELETED>SEC. 2. RULEMAKING ON LOUD COMMERCIALS REQUIRED.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Implementation.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Definitions.--For purposes of this section--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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).</DELETED>

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