What This Bill Does
This bill updates the CALM Act (a law controlling loud commercials) to include video streaming services like Netflix or YouTube. It requires the Federal Communications Commission to create new rules so that commercials on streaming services cannot be louder than the shows they interrupt.
Who It Affects
Video streaming services, the Federal Communications Commission, television broadcast stations, cable operators, and people who watch video content online.
Key Provisions
• The Federal Communications Commission must write new rules within one year to stop video streaming services from broadcasting commercials louder than the video content those ads accompany, using methods similar to existing rules for traditional TV (Sec. 3(a)(1)).
• Streaming services can ask for an extra year to follow the new rules if they can prove that following them would cause serious financial hardship (Sec. 3(a)(4)).
• The Federal Communications Commission can include a "rebuttable presumption" (a legal assumption that can be challenged) in the new streaming rules if it is practical and necessary for enforcement (Sec. 3(a)(2)).
• The new rules take effect 180 days after they are published, unless the commission extends that deadline (Sec. 3(a)(3)).
• The Government Accountability Office must write a report within 180 days analyzing how well the current loud commercial rules work for traditional TV and radio (Sec. 2(b)).
What Changes
Video streaming services will become subject to rules controlling commercial loudness. Streaming platforms must ensure advertisement audio matches the volume of their regular programming. The Federal Communications Commission gains authority to enforce these rules and can issue fines for violations.
Important Definitions
• "Video streaming service" means a company that delivers video content directly to viewers through the internet, but does not include traditional TV stations or cable companies already covered by existing rules, and does not include services that show videos with no advertisements.
• "Video programming" is defined in section 713(h) of the Communications Act of 1934 (exact definition not provided in this bill text).
Effective Date
The new streaming service rules take effect 180 days after the Federal Communications Commission publishes them, unless the commission extends the deadline by up to one year for financial hardship (Sec. 3(a)(3) and (4)).
II
118TH CONGRESS
1ST SESSION
S. 1127
To amend the CALM Act to include video streaming services, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 30, 2023
Mr. WHITEHOUSE (for himself, Ms. DUCKWORTH, and Mr. BLUMENTHAL) in-
troduced the following bill; which was read twice and referred to the Com-
mittee on Commerce, Science, and Transportation
A BILL
To amend the CALM Act to include video streaming services,
and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Commercial Advertise-
4
ment Loudness Mitigation Modernization Act of 2023’’ or
5
the ‘‘CALM Modernization Act of 2023’’.
6
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•S 1127 IS
SEC. 2. MODERNIZATION OF THE CALM ACT AND RULE-
1
MAKING
ON
LOUD
COMMERCIALS
ON
2
STREAMING VIDEO.
3
(a) AMENDMENTS.—The CALM Act (Public Law
4
111–311; 124 Stat. 3294) is amended—
5
(1) in section 2 (47 U.S.C. 621)—
6
(A) by striking ‘‘Federal Communications
7
Commission’’ each place the term appears and
8
inserting ‘‘Commission’’;
9
(B) by striking subsection (c) and insert-
10
ing the following:
11
‘‘(c) COMPLIANCE.—
12
‘‘(1) REBUTTABLE PRESUMPTION.—There is a
13
rebuttable presumption that any television broadcast
14
station, cable operator, or other multichannel video
15
programming distributor that installs, uses, and
16
maintains in a commercially reasonable manner the
17
equipment and associated software in compliance
18
with the regulations issued by the Commission in ac-
19
cordance with subsection (a) is in compliance with
20
those regulations.
21
‘‘(2) FACTORS TO DETERMINE REBUTTAL.—In
22
determining whether the presumption of compliance
23
under paragraph (1) has been rebutted with respect
24
to a television broadcast station, cable operator, or
25
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•S 1127 IS
other multichannel video programming distributor,
1
the Commission shall consider the following:
2
‘‘(A) The number of complaints regarding
3
loud commercials the Commission has received
4
with respect to that station, operator, or other
5
distributor.
6
‘‘(B) Substantive patterns or trends from
7
complaints on loud commercials the Commis-
8
sion has received.
9
‘‘(C) Data and conclusions in any report
10
issued by a Federal agency (including the Gov-
11
ernment Accountability Office) regarding the
12
effectiveness of this Act in moderating the loud-
13
ness of commercials in comparison with accom-
14
panying video programming.
15
‘‘(D) Any other factor established by the
16
Commission by regulation.’’; and
17
(C) in subsection (d)—
18
(i) by redesignating paragraph (1) as
19
paragraph (3) and moving it to appear
20
after paragraph (2);
21
(ii) in paragraph (3), as so redesig-
22
nated, by striking ‘‘; and’’ at the end and
23
inserting a period;
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•S 1127 IS
(iii) by redesignating paragraph (2) as
1
paragraph (1);
2
(iv) in paragraph (1), as so redesig-
3
nated—
4
(I) by striking ‘‘multi-channel’’
5
and inserting ‘‘multichannel’’; and
6
(II) by striking the period at the
7
end and inserting a semicolon; and
8
(v) by inserting after paragraph (1),
9
as so redesignated, the following:
10
‘‘(2) the term ‘Commission’ means the Federal
11
Communications Commission; and’’; and
12
(2) by adding at the end the following:
13
‘‘SEC.
3.
RULEMAKING
ON
LOUD
COMMERCIALS
ON
14
STREAMING VIDEO.
15
‘‘(a) RULEMAKING REQUIRED FOR LOUD STREAM-
16
ING VIDEO COMMERCIALS.—
17
‘‘(1) IN GENERAL.—Not later than 1 year after
18
the date of enactment of this section, the Commis-
19
sion shall prescribe pursuant to the Communications
20
Act of 1934 (47 U.S.C. 151 et seq.) a regulation
21
that prohibits video streaming services from trans-
22
mitting the audio of commercial advertisements
23
louder than the video content the advertisements ac-
24
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•S 1127 IS
company in a manner that is similar in effect to the
1
regulation prescribed under section 2.
2
‘‘(2) REBUTTABLE
PRESUMPTION.—In pre-
3
scribing the regulation under paragraph (1), the
4
Commission may include a rebuttable presumption
5
provision that is similar to the rebuttable presump-
6
tion under section 2(c) if it is practicable and war-
7
ranted for effective enforcement of this section.
8
‘‘(3) EFFECTIVE DATE.—Except as provided in
9
paragraph (4), the regulation required under para-
10
graph (1) shall take effect 180 days after the date
11
on which the regulation is published in the Federal
12
Register.
13
‘‘(4) EXTENSION
OF
EFFECTIVE
DATE.—The
14
Commission may extend the effective date described
15
in paragraph (3) for 1 year for any video streaming
16
service that demonstrates that complying with the
17
regulation would result in significant financial hard-
18
ship.
19
‘‘(5) UPDATES.—The Commission shall update
20
the regulation prescribed under paragraph (1) as
21
necessary.
22
‘‘(b) DEFINITIONS.—In this section:
23
‘‘(1) COMMISSION.—The term ‘Commission’
24
means the Federal Communications Commission.
25
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•S 1127 IS
‘‘(2) VIDEO PROGRAMMING.—The term ‘video
1
programming’ has the meaning given the term in
2
section 713(h) of the Communications Act of 1934
3
(47 U.S.C. 613(h)).
4
‘‘(3) VIDEO
STREAMING
SERVICE.—The term
5
‘video streaming service’—
6
‘‘(A) means an entity that makes available
7
directly to the end user through a distribution
8
method that uses internet protocol—
9
‘‘(i) video programming; or
10
‘‘(ii) video content the entity makes
11
available for users to view; and
12
‘‘(B) does not include—
13
‘‘(i) a television broadcast station,
14
cable operator, or other multichannel video
15
programming distributor (as those terms
16
are defined in section 2(d)), only with re-
17
spect to commercial advertisements and
18
video programming subject to section 2; or
19
‘‘(ii) an entity that serves video pro-
20
gramming or video content that is served
21
without video commercial advertisements.
22
‘‘SEC. 4. ENFORCEMENT.
23
‘‘(a) IN GENERAL.—The Federal Communications
24
Commission shall implement and enforce this Act as if this
25
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•S 1127 IS
Act were a part of the Communications Act of 1934 (47
1
U.S.C. 151 et seq.).
2
‘‘(b) VIOLATIONS.—A violation of this Act, or a regu-
3
lation promulgated under this Act, shall be considered to
4
be a violation of the Communications Act of 1934, or a
5
regulation promulgated under that Act, respectively.
6
‘‘(c) NO CITATION REQUIRED.—Paragraph (5) of
7
section 503(b) of the Communications Act of 1934 (47
8
U.S.C. 503(b)) shall not apply to a determination of for-
9
feiture liability under that subsection against a person who
10
commits a violation described in subsection (b) of this sec-
11
tion.’’.
12
(b) GAO REPORT ON CALM ACT ENFORCEMENT.—
13
(1) IN
GENERAL.—Not later than 180 days
14
after the date of enactment of this Act, the Comp-
15
troller General of the United States shall submit to
16
the Committee on Commerce, Science, and Trans-
17
portation of the Senate and the Committee on En-
18
ergy and Commerce of the House of Representatives
19
a report on section 2 of the CALM Act (47 U.S.C.
20
621), as amended by subsection (a), that—
21
(A) analyzes the effectiveness of that sec-
22
tion in moderating the loudness of commercials
23
in comparison to accompanying video program-
24
ming;
25
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•S 1127 IS
(B) evaluates the ability of the Federal
1
Communications Commission to effectively mod-
2
erate the loudness of commercials in compari-
3
son to accompanying video programming under
4
subsection (c) of that section; and
5
(C) as appropriate, recommends policy so-
6
lutions that would enable better moderation of
7
the loudness of commercials in comparison to
8
accompanying video programming.
9
(2) VIDEO
PROGRAMMING
DEFINED.—In this
10
subsection, the term ‘‘video programming’’ has the
11
meaning given the term in section 713(h) of the
12
Communications Act of 1934 (47 U.S.C. 613(h)).
13
Æ
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