I 
117TH CONGRESS 
2D SESSION 
H. R. 7703 
To amend the CALM Act to include video streaming services, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 10, 2022 
Ms. ESHOO (for herself, Mr. MCNERNEY, and Mr. RUSH) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the CALM Act to include video streaming services, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Commercial Advertise-
ment Loudness Mitigation Modernization Act of 2022’’ or 
the ‘‘CALM Modernization Act of 2022’’. 
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SEC. 2. MODERNIZATION OF THE CALM ACT AND RULE-
MAKING 
ON 
LOUD 
COMMERCIALS 
ON 
STREAMING VIDEO. 
(a) AMENDMENTS.—The CALM Act (Public Law 
111–311; 124 Stat. 3294) is amended— 
(1) in section 2 (47 U.S.C. 621)— 
(A) by striking ‘‘Federal Communications 
Commission’’ each place the term appears and 
inserting ‘‘Commission’’; 
(B) by striking subsection (c) and insert-
ing the following: 
‘‘(c) COMPLIANCE.— 
‘‘(1) REBUTTABLE PRESUMPTION.—There is a 
rebuttable presumption that any television broadcast 
station, cable operator, or other multichannel video 
programming distributor that installs, uses, and 
maintains in a commercially reasonable manner the 
equipment and associated software in compliance 
with the regulations issued by the Commission in ac-
cordance with subsection (a) is in compliance with 
those regulations. 
‘‘(2) FACTORS TO DETERMINE REBUTTAL.—In 
determining whether the presumption of compliance 
under paragraph (1) has been rebutted with respect 
to a television broadcast station, cable operator, or 
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other multichannel video programming distributor, 
the Commission shall consider the following: 
‘‘(A) The number of complaints regarding 
loud commercials the Commission has received 
with respect to that station, operator, or other 
distributor. 
‘‘(B) Substantive patterns or trends from 
complaints on loud commercials the Commis-
sion has received. 
‘‘(C) Data and conclusions in any report 
issued by a Federal agency (including the Gov-
ernment Accountability Office) regarding the 
effectiveness of this Act in moderating the loud-
ness of commercials in comparison with accom-
panying video programming. 
‘‘(D) Any other factor established by the 
Commission by regulation.’’; and 
(C) in subsection (d)— 
(i) by redesignating paragraph (1) as 
paragraph (3) and moving it to appear 
after paragraph (2); 
(ii) in paragraph (3), as so redesig-
nated, by striking ‘‘; and’’ at the end and 
inserting a period; 
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(iii) by redesignating paragraph (2) as 
paragraph (1); 
(iv) in paragraph (1), as so redesig-
nated— 
(I) by striking ‘‘multi-channel’’ 
and inserting ‘‘multichannel’’; and 
(II) by striking the period at the 
end and inserting a semicolon; and 
(v) by inserting after paragraph (1), 
as so redesignated, the following: 
‘‘(2) the term ‘Commission’ means the Federal 
Communications Commission; and’’; and 
(2) by adding at the end the following: 
‘‘SEC. 
3. 
RULEMAKING 
ON 
LOUD 
COMMERCIALS 
ON 
STREAMING VIDEO. 
‘‘(a) RULEMAKING REQUIRED FOR LOUD STREAM-
ING VIDEO COMMERCIALS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, the Commis-
sion shall prescribe pursuant to the Communications 
Act of 1934 (47 U.S.C. 151 et seq.) a regulation 
that prohibits video streaming services from trans-
mitting the audio of commercial advertisements 
louder than the video content the advertisements ac-
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company in a manner that is similar in effect to the 
regulation prescribed under section 2. 
‘‘(2) REBUTTABLE
PRESUMPTION.—In pre-
scribing the regulation under paragraph (1), the 
Commission may include a rebuttable presumption 
provision that is similar to the rebuttable presump-
tion under section 2(c) if it is practicable and war-
ranted for effective enforcement of this section. 
‘‘(3) EFFECTIVE DATE.—Except as provided in 
paragraph (4), the regulation required under para-
graph (1) shall take effect 180 days after the date 
on which the regulation is published in the Federal 
Register. 
‘‘(4) EXTENSION
OF
EFFECTIVE
DATE.—The 
Commission may extend the effective date described 
in paragraph (3) for 1 year for any video streaming 
service that demonstrates that complying with the 
regulation would result in significant financial hard-
ship. 
‘‘(5) UPDATES.—The Commission shall update 
the regulation prescribed under paragraph (1) as 
necessary. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) COMMISSION.—The term ‘Commission’ 
means the Federal Communications Commission. 
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