[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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