In 2011, the FCC adopted rules governing loud commercials. The rules were adopted to implement the Commercial Advertisement Loudness Mitigation Act (CALM Act), which passed Congress in 2010. That legislation sought a technical solution where the sound levels of commercials would be consistent with the sound levels used in the surrounding programs.
According to the FCC, while the rules were effective when first adopted, it has received numerous complaints in recent years. Accordingly, the FCC is starting a new proceeding to look at loud commercials. The FCC noted in its press release:
“The Commission adopted a Notice of Proposed Rulemaking seeking comment on the need for updates to the Commission’s rules implementing the Commercial Advertisement Loudness Mitigation (CALM) Act. Today’s action seeks input from consumers and industry on the extent to which the CALM Act rules are effective in controlling and preventing loud commercials on programming provided by television broadcasters and pay TV providers like cable and satellite. The NPRM also considers what actions the Commission, industry, or standard developers could take to further minimize consumer harm.”
This issue is more complex than it seems. Under current law, commercials should reflect the sound levels of the surrounding programs. This can get complicated for local commercials that are inserted into national programs. It also requires cable, satellite, and OTT services to make sure the sound levels remain constant when transmitting broadcast signals. Finally, there is the technical issue of different sound levels being broadcast on different cable and satellite channels.
While fundamentally a technical issue, this is the type of “kitchen table” issue that can grab the attention of Congress.
You can see the FCC’s Notice of Proposed Rulemaking here.