FCC Approves CALM Act Rules

The Federal Communications Commission adopted rules to implement the Commercial Advertisement Loudness Mitigation (CALM) Act, which prevents TV ads from being delivered at greater volume than the programs surrounding them.

The FCC will make cable operators responsible for the volume of both national and local ads, as well as promos, while TV stations will also be responsible for the national network and syndicated ads, as well as promos and local ads, both on broadcast and on the signals they deliver to cable operators. That means if a cable operator delivers a TV station ad that violates the act, it is the broadcaster who is responsible. But the final order includes some flexibility for operators and stations to comply with their responsibility over the "imbedded" ads they pass along from program distributors up the chain. They will be considered in compliance if they "install, utilize and maintain" the requisite equipment and software, or they have a certification from the distributor of the ad that it complies with the recommended ATSC standard that the FCC is making mandatory. Larger operators will be required to do annual spot-checking of commercials for the first two years, after which that requirement sunsets. Smaller operators and stations will not have to spot check, but stations and operators or all sizes must test in response to a "pattern or trend" of complaints -- rather than, say, a single complaint -- involving their station or system. Smaller operators will have the opportunity to seek hardship waivers and will not be required to purchase equipment, though they will still be responsible for any proven violations.