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

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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