CALM Modernization Act of 2022
Bill: S.4173 | Sponsor: Sen. Whitehouse, Sheldon (D-RI)
Policy area: Science, Technology, Communications

Summary:
Commercial Advertisement Loudness Mitigation Modernization Act of 2022 or the CALM Modernization Act of 2022
This bill applies certain requirements concerning the volume of commercials to video streaming services that are supported by advertisements (e.g., Hulu). It also modifies enforcement related to those requirements.
Current law requires commercials transmitted via broadcast, cable, and satellite television to have the same average volume as the underlying programming. Under this bill, the Federal Communications Commission must apply through rulemaking similar requirements to ad-supported video streaming services.
The bill also modifies enforcement of requirements for moderating the volume of commercials. The commission currently uses a complaint-driven enforcement process. Under this bill, the commission must treat violations of the requirements as violations of the Communications Act of 1934. Additionally, the bill makes rebuttable a presumption that deems a broadcast television station, cable operator, or other multichannel video programming distributor in compliance with the requirements if it appropriately installs and uses certain equipment and software to moderate the volume of commercials.
The Government Accountability Office must report on the effectiveness of the requirements, and the commission's enforcement of them, in moderating the volume of commercials.

To amend the CALM Act to include video streaming services, and for 
                            other purposes.

    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 Modernization Act of 2022'' or the ``CALM Modernization Act 
of 2022''.

SEC. 2. MODERNIZATION OF THE CALM ACT AND RULEMAKING 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 inserting 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 accordance 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 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 Commission has 
                received.
                    ``(C) Data and conclusions in any report issued by 
                a Federal agency (including the Government 
                Accountability Office) regarding the effectiveness of 
                this Act in moderating the loudness of commercials in 
                comparison with accompanying 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 redesignated, 
                        by striking ``; and'' at the end and inserting 
                        a period;
                            (iii) by redesignating paragraph (2) as 
                        paragraph (1);
                            (iv) in paragraph (1), as so redesignated--
                                    (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 Streaming Video Commercials.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Commission shall prescribe 
        pursuant to the Communications Act of 1934 (47 U.S.C. 151 et 
        seq.) a regulation that prohibits video streaming services from 
        transmitting the audio of commercial advertisements louder than 
        the video content the advertisements accompany in a manner that 
        is similar in effect to the regulation prescribed under section 
        2.
            ``(2) Rebuttable presumption.--In prescribing the 
        regulation under paragraph (1), the Commission may include a 
        rebuttable presumption provision that is similar to the 
        rebuttable presumption under section 2(c) if it is practicable 
        and warranted for effective enforcement of this section.
            ``(3) Effective date.--Except as provided in paragraph (4), 
        the regulation required under paragraph (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 hardship.
            ``(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.
            ``(2) Video programming.--The term `video programming' has 
        the meaning given the term in section 713(h) of the 
        Communications Act of 1934 (47 U.S.C. 613(h)).
            ``(3) Video streaming service.--The term `video streaming 
        service'--
                    ``(A) means an entity that makes available directly 
                to the end user through a distribution method that uses 
                internet protocol--
                            ``(i) video programming; or
                            ``(ii) video content the entity makes 
                        available for users to view; and
                    ``(B) does not include--
                            ``(i) a television broadcast station, cable 
                        operator, or other multichannel video 
                        programming distributor (as those terms are 
                        defined in section 2(d)), only with respect to 
                        commercial advertisements and video programming 
                        subject to section 2; or
                            ``(ii) an entity that serves video 
                        programming or video content that is served 
                        without video commercial advertisements.

``SEC. 4. ENFORCEMENT.

    ``(a) In General.--The Federal Communications Commission shall 
implement and enforce this Act as if this Act were a part of the 
Communications Act of 1934 (47 U.S.C. 151 et seq.).
    ``(b) Violations.--A violation of this Act, or a regulation 
promulgated under this Act, shall be considered to be a violation of 
the Communications Act of 1934, or a regulation promulgated under that 
Act, respectively.
    ``(c) No Citation Required.--Paragraph (5) of section 503(b) of the 
Communications Act of 1934 (47 U.S.C. 503(b)) shall not apply to a 
determination of forfeiture liability under that subsection against a 
person who commits a violation described in subsection (b) of this 
section.''.
    (b) GAO Report on CALM Act Enforcement.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives a report on section 2 
        of the CALM Act (47 U.S.C. 621), as amended by subsection (a), 
        that--
                    (A) analyzes the effectiveness of that section in 
                moderating the loudness of commercials in comparison to 
                accompanying video programming;
                    (B) evaluates the ability of the Federal 
                Communications Commission to effectively moderate the 
                loudness of commercials in comparison to accompanying 
                video programming under subsection (c) of that section; 
                and
                    (C) as appropriate, recommends policy solutions 
                that would enable better moderation of the loudness of 
                commercials in comparison to accompanying video 
                programming.
            (2) Video programming defined.--In this subsection, the 
        term ``video programming'' has the meaning given the term in 
        section 713(h) of the Communications Act of 1934 (47 U.S.C. 
        613(h)).
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