111 HR 7703 IH: Commercial Advertisement Loudness Mitigation Modernization Act of 2022
U.S. House of Representatives
2022-05-10
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I
117th CONGRESS
2d Session
H. R. 7703
IN THE HOUSE OF REPRESENTATIVES
May 10, 2022
Ms. Eshoo (for herself, Mr. McNerney, and Mr. Rush) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the CALM Act to include video streaming services, and for other purposes.
1.

Short title
This Act may be cited as the “Commercial Advertisement Loudness Mitigation Modernization Act of 2022” or the “CALM Modernization Act of 2022”.
2.

Modernization of the CALM Act and rulemaking on loud commercials on streaming video
(a)

Amendments
The CALM Act (Public Law 111–311; 124 Stat. 3294) is amended—
(1)
in section 2 (47 U.S.C. 621)—
(A)
by striking “Federal Communications Commission” each place the term appears and inserting “Commission”;
(B)
by striking subsection (c) and inserting the following:
“(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.”; and
(C)
in subsection (d)—
(i)
by redesignating paragraph (1) as paragraph (3) and moving it to appear after paragraph (2);
(ii)
in paragraph (3), as so redesignated, by striking “; and” at the end and inserting a period;
(iii)
by redesignating paragraph (2) as paragraph (1);
(iv)
in paragraph (1), as so redesignated—
(I)
by striking “multi-channel” and inserting “multichannel”; and
(II)
by striking the period at the end and inserting a semicolon; and
(v)
by inserting after paragraph (1), as so redesignated, the following:
“(2)
the term Commission means the Federal Communications Commission; and”; and
(2)
by adding at the end the following:
“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.
(2)

Rebuttable presumption
In prescribing the regulation under paragraph (1), the Commission may include a rebuttable presumption provision that is similar to the rebuttable presumption under section 2(c) if it is practicable and warranted for effective enforcement of this section.
(3)

Effective date
Except as provided in paragraph (4), the regulation required under paragraph (1) shall take effect 180 days after the date on which the regulation is published in the Federal Register.
(4)

Extension of effective date
The Commission may extend the effective date described in paragraph (3) for 1 year for any video streaming service that demonstrates that complying with the regulation would result in significant financial hardship.
(5)

Updates
The Commission shall update the regulation prescribed under paragraph (1) as necessary.
(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—
(A)
means an entity that makes available directly to the end user through a distribution method that uses internet protocol—
(i)
video programming; or
(ii)
video content the entity makes available for users to view; and
(B)
does not include—
(i)
a television broadcast station, cable operator, or other multichannel video programming distributor (as those terms are defined in section 2(d)), only with respect to commercial advertisements and video programming subject to section 2; or
(ii)
an entity that serves video programming or video content that is served without video commercial advertisements.
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.
(c)

No citation required
Paragraph (5) of section 503(b) of the Communications Act of 1934 (47 U.S.C. 503(b)) shall not apply to a determination of forfeiture liability under that subsection against a person who commits a violation described in subsection (b) of this section.”.
(b)

GAO report on CALM Act enforcement
(1)

In general
Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on section 2 of the CALM Act (47 U.S.C. 621), as amended by subsection (a), that—
(A)
analyzes the effectiveness of that section in moderating the loudness of commercials in comparison to accompanying video programming;
(B)
evaluates the ability of the Federal Communications Commission to effectively moderate the loudness of commercials in comparison to accompanying video programming under subsection (c) of that section; and
(C)
as appropriate, recommends policy solutions that would enable better moderation of the loudness of commercials in comparison to accompanying video programming.
(2)

Video programming defined
In this subsection, 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)).