July 29/ 2011
The Honorable Julius Genachowski/ Chairman
Federal Communications Commission
445 12
th
Street/ S.W./ Room 8-B201
Washington/ D.C. 20554
Dear Chairman Genachowski/
Thank you for your work to implement the Commercial Advertisement Loudness Mitigation
(IICALM") Act/ a bill 1first introduced in the 110
th
Congress and which was signed into law
in December 2010. I applaud the Commission for initiating a Notice of Proposed
Rulemaking earlier this year/ and since that time lIve followed with great interest the public
comments addressing its implementation.
The lawls intent is simple - to make the volume of commercials and programming uniform so
that spikes in volume do not affect the consumerls ability to control sound. Over the past
fifty years/ the Commission has received a significant number of consumer complaints about
loud commercials. In fact/ in 21 of the 25 quarterly FCC reports on consumer complaints
between 2002 and 2009/ IIabrupt changes in volume during transition from regular
programming to commercials/ was the top consumer grievance related to radio and television
broadcasting. This data highlights the significance of this rulemaking.
The Advanced Television Systems Committee (IIATSCII) standards required to be adopted
under the law should continue to provide only technical guidance related to engineering
issues. The standards should not attempt to provide additional information related to
compliance. Issues related to compliance are squarely within the purview of the FCC. Also/
it was always the legislationls intent that the standard apply not just to television broadcast
stations/ but cable/ satellite and other multi-channel video distributors.
Furthermore/ I recognize that implementation takes time/ which is why the legislation
in.cludes a grace period that is fair to stakeholders and allows programming distributors
ample time to install the engineering fix necessary to ensure that sound is modulated. Those
affected have one year after the Commission adopts the rule to implement the ATSC
standard-based equipment/ and the FCC may grant up to two successive/ one-year waivers
0990
for financial hardship. The legislation provides ample opportunity for small broadcast
stations and cable operators to comply with the law.
1will continue to follow the rulemaking for the CALM Act very closely/ and l/ll be
monitoring ATSC activities to ensure that it only issues regulations contemplated by the
law. I look forward to the Commissionls release of final rules to implement the Act and 1
also look forward to the full cooperation of the ATSC members/ as well as all multi-channel
video distributors to accomplishing the law
l
s intent.
Mostgratefully,~
~~~
~.Eshoo
~y,ember of Congress
cc: Commissioner Michael J. Copps
Commissioner Robert M. McDowell
Commissioner Mignon Clyburn