Eshoo, Whitehouse Refile Bill to Update Calm Act Ad Loudness Curbs
Sen. Sheldon Whitehouse, D-R.I., and Rep. Anna Eshoo, D-Calif., refiled the Commercial Advertisement Loudness Mitigation Modernization Act Thursday to update the 2010 Calm Act's bar on excessively loud TV ads. The measure, which Eshoo and Whitehouse first filed last year,…
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would extend the 2010 law's excessively loud ad bar to streaming services and would strengthen the FCC's ability to investigate and enforce violations. The measure would require a study analyzing the existing law's effectiveness in moderating ad loudness. The FCC Media Bureau at Eshoo's behest sought comment in 2021 on whether the FCC needs to update its existing Calm Act implementation rules (see 2104200001). ACA Connects and NCTA argued the FCC doesn’t need to change its rules because existing enforcement is working as intended (see 2106040065). “Since the law was enacted, new popular streaming services have recreated the practice of loud ads because the old law doesn't apply to them, and consumers continue to complain about loud ads on broadcast, cable, and satellite TV,” Eshoo said in a statement. “We're updating the legislation for the benefit of consumers who are tired of diving for the mute button at every commercial break, regardless of what platform they use.” Eshoo’s office cited support from Consumer Reports.