WASHINGTON—The FCC has launched a public inquiry into updating the rules that guide the Commercial Advertisement Loudness Mitigation (CALM) Act, noting that a recent increase in consumer complaints warrants the commission to take a “second look.”
FCC Chairman Carr announced his intentions to revisit the Act earlier this month and at its February meeting on Thursday, all four current members voted to approve the Notice of Proposed Rulemaking (FCC 25-16). (President Trump’s nomination for the sixth member, Olivia Trusty, is awaiting Congressional approval).
Although the vote was unanimous, Commissioner Geoffrey Starks raised issues about the NPRM, noting that the commission’s initial desire to extend the rules to streaming could conflict with the Act’s original focus, which was on broadcast TV.
“Many of the complaints that triggered this item were against streaming providers,” Starks said during the commission’s meeting on Thursday. “While the Commission has generally considered these providers to be outside the scope of our authority, at least under the Communications Act, this item seeks comment on our authority to extend commercial loudness requirements to these providers, under either the CALM Act or the CVAA. I believe this would be a new reading of these laws… so we must tread carefully.”
Starks thanked Carr for eliminating the streaming provision.
“Addressing commercial loudness regulations must not— like the proverbial wolf in sheep’s clothing—morph into this Commission expanding its authority to cover streamers in other, more substantive areas,” he said. “I expressed these concerns to my colleagues, and I want to thank the Chairman for agreeing to my edits that make two things clear. First, that this item proposes no specific regulations on streaming providers. And second, that the Commission will not proceed with any such regulation against any streaming provider without first seeking public comment in a subsequent Notice of Proposed Rulemaking – not today’s NPRM. We must provide ample notice and develop a substantial record in order to justify any future novel action.”
Congress passed the CALM Act in 2010 and by 2012, the FCC implemented rules requiring television stations, cable operators, and satellite video providers to ensure that commercials are transmitted at appropriate volume levels. The FCC says it initially saw a decrease in the number of consumer complaints after these rules became effective. Over the past several years the Commission received thousands of complaints about loud commercials on broadcast, cable, and satellite television, but the high number of complaints took a troubling jump last year, which warrants a second look, the commission said.
“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,” the commission said.
Carr chimed in.
“If there’s one thing TV viewers hate more than annoying commercials, it would be loud, annoying commercials,” Chairman Carr said. “And judging from my own experiences talking recently with neighbors and relatives at family gatherings, this issue is top of mind for a lot of people—second only, perhaps, to concerns about robocalls. I want you to know that I hear you clear and loud. And I want to see what the FCC can do to help. After all, this is not the first time this issue has come up. Back in 2010, Congress provided the viewing public with some relief from these audio assaults when it passed a law called the CALM Act. Then in 2011, the Commission adopted rules to implement this law in an effort to eliminate the scourge of shouty ads at volumes far above normal listening levels.
“In the years immediately following the FCC’s adoption of those rules, consumer complaints about loud commercials dropped significantly. But unfortunately, in recent years, as my own experience confirms, we’ve seen an uptick in consumer complaints. So today, my FCC colleagues and I are taking action.”