NCTA: FCC Should Exempt Program Promos From Ad-Loudness Rules

Trade group says applying CALM act requirements to non-ad-supported networks would impose undue burden

By Todd Spangler, Multichannel News -- Broadcasting & Cable, 8/13/2012 3:22:25 PM

The National Cable & Telecommunications Association has petitioned the FCC to limit rules aimed at curbing loud TV ads -- set to go into effect this December -- to commercial advertisements and exempt TV programming promotions.

The trade group, in a filing last week, said Federal Communications Commission rules implementing the Commercial Advertisement Loudness Mitigation (CALM) Act fail to sufficiently reduce the burden on operators for noncompliance "in a handful of respects."

Specifically, the NCTA said, the commission should limit its rules to commercial ads, rather than also including "promotional material." In addition, the group sought clarification that a cable operator will not be held liable in instances in which it has notified a network and the FCC of a network's noncompliance with CALM and the NCTA wants to ensure MSOS are not prohibited from contacting programmers when performing spot checks.

"The Commission mistakenly conflates 'commercial advertisements' and promos, defining promos as 'commercial advertisements promoting television programming,'" the NCTA said. "In fact, promos are distinct from 'commercial advertisements.' Generally, commercial advertisements are material transmitted in exchange for some type of payment or remuneration, while promos are not."

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