S 1127 — CALM Modernization Act of 2023

Summary

Commercial Advertisement Loudness Mitigation Modernization Act of 2023 or the CALM Modernization Act of 2023 This bill applies certain requirements for moderating the volume of commercials to video streaming services that are supported by advertisements (e.g., Hulu). It also modifies enforcement of 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.

Bill Text

• Introduced Introduced in Senate Current html March 30, 2023

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill extends the provisions of the CALM Act to include video streaming services and modifies compliance rules for loud commercials.

• 47 U.S.C. 621

  Federal Communications Commission → Commission

  Replaces the full title 'Federal Communications Commission' with the term 'Commission' for brevity.

• 47 U.S.C. 621

  subsection (c) → (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.

  Establishes a rebuttable presumption of compliance for entities regarding loudness regulations and outlines factors the Commission may consider to rebut this presumption.

• 47 U.S.C. 621

  paragraph (1) → paragraph (3)

  Changes the designation of a paragraph regarding the definitions of terms in the section.

• 47 U.S.C. 621

  multi-channel → multichannel

  Corrects a typographical error in the definition of 'cable operator' and 'multichannel video programming distributor'.

• 47 U.S.C. 621

  the Federal Communications Commission → Commission

  Modifies the definition of 'Commission' to maintain consistency in terminology.

• 47 U.S.C. 621

  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.

  Creates a new section mandating the Commission to establish regulations for loudness in commercial advertisements on video streaming services.

• 47 U.S.C. 621

  (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' means an entity that makes available directly to the end user through a distribution method that uses internet protocol--(A) video programming; or (B) video content the entity makes available for users to view.

  Provides definitions for terms relevant to the new regulations pertaining to streaming services.

• 47 U.S.C. 621

  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.

  Establishes enforcement mechanisms for the new regulations as part of the broader framework of the Communications Act.

• 47 U.S.C. 503(b)

  Citation Required.-- → No Citation Required.--

  Exempts certain violation determinations under this Act from requiring a citation for enforcement.

Action History

1. March 30, 2023

   Introduced in Senate

2. March 30, 2023

   Read twice and referred to the Committee on Commerce, Science, and Transportation.

Sponsors

• Sheldon Whitehouse · Primary

Subjects