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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2847 Engrossed in Senate (ES)]

111th CONGRESS
  2d Session
                                S. 2847

_______________________________________________________________________

                                 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 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).

            Passed the Senate September 29, 2010.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                                S. 2847

_______________________________________________________________________

                                 AN ACT

            To regulate the volume of audio on commercials.
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