[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Senate]
[Pages S7763-S7764]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CALM ACT
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 625, S. 2847.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 2847) to regulate the volume of audio on
commercials.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
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
othermultichannel 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 the Communications Act of 1934 (47 U.S.C.
522).
Mr. DURBIN. Mr. President, I further ask unanimous consent that the
amendment, which is at the desk, be agreed to; the committee-reported
substitute amendment, as amended, be agreed to; the bill, as amended,
be read a third time and passed; and that any statements related to the
bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page S7764]]
The amendment (No. 4687) was agreed to, as follows:
(Purpose: To deem operators and distributors who maintain equipment and
software in compliance with the FCC regulations to be in compliance
with those regulations)
In lieu of the matter proposed to be inserted, insert the
following:
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).
The committee amendment, as amended, was agreed to.
The bill (S. 2847), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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