CALM Act Signed Into Law

Measure allows FCC to regularize volume between programming and commercials

By John Eggerton -- Broadcasting & Cable, 12/15/2010 6:47:08 PM

The President signed the CALM Act into law Wednesday.
 
That is the measure that empowers the FCC to regularize the volume between programming and commercials.
The CALM (Commercial Advertisement Loudness Mitigation) Act was approved in the House Dec. 3.
 
The bill, which has been pushed by Rep. Anna Eshoo (D-Calif.), adopts the Advanced Television Systems Committee's recommended practices for variations in commercial volume in relation to the programs around them.

In other words, viewers will not have to ride gain on the boosted volume of some commercials coming in and out of shows. The bill directs the FCC to regulate commercial volume per the ATSC recommendations adopted last November. It gives cable operators and broadcasters a year from the law's adoption to comply.

"The country will now get the relief they deserve from the annoyance of blaringly loud television commercials.  Consumers will no longer need to dive for the ‘mute' button during commercial breaks," said Eshoo.
 
The bill passed the Senate Sept. 30. It had already passed in the House, but there were some changes that required a re-vote in the House before it became law.
 
The Senate tweaks included clarifying that the standards will be an FCC "mandate," not simply an incorporation of the ATSC guidelines. Another extends that mandate to any "successor" standard approved by ATSC. Any change in a bill requires a re-vote in the other chamber.

A third change deals with the language of a waiver (up to two years beyond the effective date) for small cable operators or stations for whom adopting the regime, and the equipment necessary to regularize the volume, would be a financial hardship.