[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

[[Page 3295]]

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:
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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.