    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-311
    111th Congress

    An Act

    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, <>

    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

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    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).

    Approved December 15, 2010.

    LEGISLATIVE HISTORY--S. 2847:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 111-340 (Comm. on Commerce, Science, and
    Transportation).
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Sept. 29, considered and passed Senate.
    Nov. 30, Dec. 2, considered and passed House.