Commercial Advertisement Loudness Mitigation ("CALM") Act; 73.682(e) and 76.607(a)

On December 13, 2011, the FCC released a Report & Order ("R&O"), FCC 11-182, adopting rules to implement the Commercial Advertisement Loudness Mitigation ("CALM") Act. Among other things, the CALM Act directs the Commission to incorporate into its rules by reference and make mandatory a technical standard developed by an industry standard-setting body that is designed to prevent television commercial advertisements from being transmitted at louder volumes than the program material they accompany. Specifically, the CALM Act requires the Commission to incorporate by reference the Advanced Television Systems Committee ("ATSC") A/85 Recommended Practice ("ATSC A/85 RP") and make it mandatory "insofar as such recommended practice concerns the transmission of commercial advertisements by a television broadcast station, cable operator, or other multichannel video programming distributor." As mandated by the statute, the rules will apply to TV broadcasters, cable operators and other multichannel video programming distributors ("MVPDs").

The latest form for Commercial Advertisement Loudness Mitigation ("CALM") Act; 73.682(e) and 76.607(a) expires 2021-04-30 and can be found here.