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Congress passes law ordering FCC to lower volume on TV commercials

By | October 3, 2010, 6:34pm PDT

Summary: They can’t agree on a budget, or what to do about taxes, or much of anything else, but members of Congress have managed to get one piece of legislation through both houses that will make a difference to their constituents when it comes to watching TV. You’ve probably noticed that when your favorite programs go to [...]

They can’t agree on a budget, or what to do about taxes, or much of anything else, but members of Congress have managed to get one piece of legislation through both houses that will make a difference to their constituents when it comes to watching TV.

You’ve probably noticed that when your favorite programs go to commercial breaks that certain ads — including, it seems, a large portion of local car dealership spots — blast out at a considerably higher volume than the show you were watching 30 seconds prior. That’s because the Federal Communication Commission has never had the power to regulate the volume of ads on the airwaves. Enter the CALM Act, which stands for Commercial Advertisement Loudness Mitigation. The Senate passed the bill last week, and it will be reconciled with a similar piece of legislation the House passed in order to land on the President’s desk.

Under the law, the FCC will have to make stations adhere to “internationally accepted standards of television advertisement volumes.” That will be music to the ears of people who watch TV the old-fashioned way — without a DVR to fast-forward through ads or an HDTV that can automatically calibrate the volume based on source material. More and more people are finding ways to circumvent commercials altogether, however, so the problem is becoming less of a nuisance with each passing day.

Leave it to Congress to legislate away an issue that’s been known for ages but that technology was nearly rendering irrelevant anyway.

[Via Wired.com]

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Sean Portnoy is a freelance technology journalist.

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Sean Portnoy

Sean Portnoy is a freelance technology journalist; currently, all work that Sean does is on a contractural basis. Sean has also written corporate communications documents for CA.

Sean does not accept gifts from companies he covers. All hardware products he writes about are purchased with his own funds or are review units covered under formal loan agreements and are returned after the review is complete.

Biography

Sean Portnoy

Sean Portnoy started his tech writing career at ZDNet nearly a decade ago. He then spent several years as an editor at Computer Shopper magazine, most recently serving as online executive editor. He received a B.A. from Brown University and an M.A. from the University of Southern California.

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RE: Congress passes law ordering FCC to lower volume on TV commercials
Bassooner 10th Aug
Technology may be making an issue irrelevant, as you say, but do not make light of Congresses new law. Many people thruoghout the country do not have HDTV or a DVR. This law is for them, and I support it.
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Figures
itpro_z 3rd Oct 2010
Our economy is circling the drain, the Bush tax cuts for everyone are about to expire, we are still fighting in two wars, unemployment remains at near record levels, companies are dropping insurance for their employees due to Obamacare, and the people are on the verge of revolt, so Congress passes a bill to require lower volumes on TV commercials?

No wonder Congress has an approval rating in the singe digits.
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Silly
Jared Neale 3rd Oct 2010
@itpro_z

The economy is recovering and has shown the first gains in employment since the beginning of the Bush Administration. As of Sept. 30, 2010, the national GDP saw a 1.7% increase...which means we are no longer in a recession. We won't see real job growth till we reach 3% increase.

No tax cuts are expiring for me. And those that it is expiring for have already found their "tax cuts" while laying me off and increasing the price of everything. How do I compensate? I have no sympathy for the rich who should be helping spend our way out of this economy and who are very much to blame in the first place.

What companies are dropping health insurance for their employees? McDonalds? I worked in food/retail management for almost 20 years. They don't give benefits anyway. Especially to part timers...which is all they will let you hire. So, remember that. Retail/Food Service doesn't usually offer health insurance or ANY benefits for part time workers. Then they tell you that you have to hire part time workers only....and you do because that comes directly out of the store managers budget costs (pretty much everything does if they can get away with it). There are some exceptions like Walmart and IKEA. But even then, the part time workers don't get the same benefits the full time workers get. And remember, they are being told they have to be part time.

Who is on the verge of revolt? The Teabaggers? Please! I can get more people to turn out for a rally to save blue puppies.

Obama was elected to do every single thing he has done. He campaigned on it. The revolt is really from those that think he hasn't gone far enough. Those are the people that will matter in this election. And I'm sure they won't suddenly vote against someone who lives up to almost every single promise he's made in only two years.

Also, combat operations in Iraq have ended. We are pretty much fighting only one war. Unless, you count Obama & Petreaus' sly actions in Pakistan.
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Still a bonehead move
zmud 4th Oct 2010
Letting taxes go up in a down economy
spending twice what you make
what a bunch of morons
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RE:Still a bonehead move
raelalt 4th Oct 2010
@zmud: "Still a bonehead move
Letting taxes go up in a down economy
spending twice what you make
what a bunch of morons"
.
Not if the increase only hits those whose discretionaly spending is not greatly affected. We are talking about incomes in excess of $250,000. 'Oh dear, we aren't going to be able to afford the Mediterannean cruise this year. We will have to go to the Carribean instead. Again!'
@Jared Neale.. you're learned, that's for sure. So how can you be so full of bulls**t?
@itpro_z
Quit whining, progress is progress and this has been an issue longer than economic woes. Not sure about the single-digit approval ratings, care to enlighten us with a link to that data?
@itpro_z

Please explain why passing a small piece of legislation is not the job of the government?

Also explain why passing a small bill somehow prevents them from fixing the other problems?

This is like the people who get pulled over for speeding and berate the police officer for not catching bigger criminals. It's just plain stupid - all of the jobs of government need to be done!!!

About time the tax cuts expire for the multi millionaires, and the mates of Bush who make billions from your misery!!!

And get more Obamacare - believe me it is much nicer living in a country where people don't die due to lack of money!!!

Here nobody has to pick a job by the health care package - because nobody needs one.
@richardw66 it is the job of the government you are correct, and no its not keeping them from passing other bills, each party is doing a good enough job of back stabbing the other party to keep from doing anything meaningful, they passed a law that for all intents and purposes is a non issue, or with the right technology becomes a non issue, its like passing a law saying a horse carriage can only go 10mph on a city street today... sure you see the occasional horse in the city, but not very darn many....
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Not even close to correct.
The_Curmudgeon 27th Oct 2010
@richardw66

Read your history!
The job of the Federal government is to protect the rights and liberties of individuals if infringed by the other governments and businesses it was granted authority over, not to provide health care, etc and care for individuals cradle to grave.

This legislation qualifies for that, so you are correct on that one small point.
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Yes, of course,
becabill 5th Oct 2010
@itpro_z ...if they do this, they can't do anything else. We should never address any problems until everything alse is perfect, should we?
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ignored the FCC. We need to keep the FCC moronic futzing around away from the internet, but it'd be nice if this applied to net advertising as well.
@Johnny Vegas.. could we just start with the freakin' TV comercials? sheesh.
So I'm 63. I've put up with loud commercials for 50 years. And NOW that I am crazy from that s++t and almost dead, they do something about it!
Next on the list: A minimum amount of time per half hour of regular programming.
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Right on, Grandpa1947
becabill 5th Oct 2010
@Grandpa1947 ...Grandpa 1945 agrees wholeheartedly. But apparently the early-deafness generation could care less.
Look how they are trying to defer conversation other admittedly weighty matters.
@Grandpa1947.. Ha! I'm 61 and agree. But the loud commercials still piss me off... gotta start somehwhere...
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millerjame
millerjame04 4th Oct 2010
You know what You guys should stop complaining because, one the health care we have now isnt as good as it was supposed to be. also the law has just been signed so give it some time. so if u want to say u have the right to choose tell that to ur congress men or state official. If you do not have insurance and need one You can find full medical coverage at the lowest price by calling 877-882-4740 or check http://bit.ly/bkys0B If you have health insurance and do not care about cost just be happy it and trust me you are not going to loose anything!
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Way off topic
becabill 5th Oct 2010
@millerjame04 NFC
@becabill .. thank you...
@millerjame04..your SPAM can kiss my ass
I'm amazed that so many people don't know the difference between loose and LOSE!
@jack-z
Some people are loosers.
@kenift

What's your definition of "loosers" ?

To me, that describes people who don't tighten the lid on the mayonnaise jar. Annoying.
@kenift
You mean they have a screw loose?
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@kenift NFC
@jack-z... LMFAO! Ain't it the truth?
A better solution would be to enforce opt-in advertising. The result is a MASSIVE boon for good/normal folks, since the only advertising that ANY advertiser can peddle to them, is avertising that single person has explicitly gone to the advertiser (on their own) and specifically requested to be shown. Outside of that, any advertiser peddling their s++t without the EXPRESSLY request permission, is not only shut down, but the leadership goes to jail for 6 months.
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Yeah but, yeah but, yeah, but...
becabill 5th Oct 2010
@Joe_Wulf@... Whose gonna support the programming? NPR?
There is a difference between Volume and Loudness. Excess Volume was controlled in earlier legistation as I remember. They ignorred that Loudness is a function of sound compression and so did not disallow. Advertisers remained happy.
@lfzimmer1@... audio deviation, regardless of frequency content. Perceived loudness is another matter, and can really cloud the issue. I wonder what the legal specs would be? (guess I could Google that).
It's about time. I only wish they included internet radio. I was listening quietly to GotRadio last night when the geico ad blasted so loudly that it woke up the whole house.
Technology has not rendered this irrelevant. 5.1 surround sound can create a much richer audio environment, and TV producers know it. Watch a tense drama (24, for instance) and you'll find the volume of normal conversation is quite low. You turn your TV up, and now you have more dynamic range, so that the explosions can be louder and more exciting. This is all well and fine 'til the commercials come on, and they're running at 100% volume. That means the car salesman's voice is as loud as a nuclear explosion in the movie. In other words, today's high quality sound systems and the dramatic dynamic range they use can make the loud commercials problem worse than ever.
@art@... This is especially annoying if your trying to watch a movie quietly at night while others are sleeping, having the audio at acceptable levels so that conversations are audible while explosions are subdued.
Then you have the problem of volume when advertisements come on.
Why can't they keep the same volume for ads?
@art@...

Ah. So the advertisers will be pushing to LOWER the sound during the programs so people raise the volume themselves.
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@Jkirk3279 It would defeat the strategy of advertising which is to get your attention any way they can. Any broadcaster who can increase the perceived loudness *without being fined* can demand a higher price for his spots. This has been the case since AM days when many station regularly overmodulated just to catch an audience, fines notwithstanding. The FCC had a reputation of "winking" at some big stations for this practice.
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Wide channel separation
becabill 5th Oct 2010
@art@... becomes channel sums as the processor suddenly is handling a nearly mono signal. If you used a simple sound level meter to read this, it would show up as a 3-5 dB increase, (a-weighted), even though the total broadcast audio deviation is no more than allowed. (this applies to analog TV, I'm not up-to-date on digital standards, but the effect is probably the same.)
As this only effects broadcast tv it is of relatively little value to the average American. For the rest of the content distribution industry it will take a massive class-action lawsuit for knowingly damaging our hearing by blasting us off our couches during commercials and program intros. I mean hey, if they can sue McDonalds for making us fat why not sue the distributors who are making us deaf. Any greedy aspiring lawyers out there? Fortunately for me I recently found a small and relatively cheap filtering program called Breakaway that has improved the listening experiance for everything output from my pc (which is about 99% of my entertainment) and I am no longer having my ears blown out by each commercial or sound effect. It has also enabled me to hear the dialogue again and reduced my need for subtitles. Too bad every piece of audio/video equipment doesn't come with this filter.
IT"S ABOUT TIME! I'm glad to see this rude and insulting practice stopped.
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I don't think it will be *stopped*
becabill 5th Oct 2010
@Aboleyn ...just curtailed until us tech types find a way around it.
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Glad to hear it.
twaynesdomain 4th Oct 2010
Hooray!! Now to see if it makes any difference.
The FCC is a desired added defendant in my litigation on (5:09-cv-05151) where I ask that they be required to regulate the Internet. They are already required by the Communications Act of 1934 to do it but have called some wire communications the Internet to avoid their duty.
Finally Republicans vote yes for something AND it actually makes sense. Nostradamas quatrane yadayada: the world will end tomorrow.
Finally Republicans vote YES for something AND it actually makes sense. Nostradamus quatrane yadayada: The world will end tomorrow.
Seriously, who watches TV?
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@kenift NT
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He has difficulty receiving it
becabill 5th Oct 2010
@richdave ...on Mars.
Itpro_z, before you say the taxcuts won't affect you go to www.mytaxburden.org/ and plug in your numbers.
As for teabagging, keep your kinky ways to yourself.
Back to the subject, I'm glad they are toning down those annoying ads.
I say thank goodness and it's better late than never! And good lord but the whiners are everywhere these days. Get a life or get active in ways to fix the government and stop your incessant whining, it's worse than the too load commercials.
Yeah, I've put up with loud commercials for many years too and I have been skipping through commercials for years now. This is a bit late, but I still like it because I have my TV on when I go to bed for a couple of hours and have to pick a station where the commercials are not so loud, so it's still welcome.

If the house only had to worry about the big problems they would just take more vacations, they need something to keep them busy happy
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Within 1 year
ess@... 7th Oct 2010
(a) Within 1 year after the date of enactment of this Act

But wait.........
(2) WAIVER- For any television broadcast station, cable operator, or other multichannel video programming distributor that demonstrates that obtaining the equipment to comply with the regulation adopted pursuant to subsection (a) would result in financial hardship, the Federal Communications Commission may grant a waiver of the effective date set forth in paragraph (1) for 1 year and may renew such waiver for 1 additional year.

They f'ing joking, how much does it cost to turn the volume down.
They already have the equipment in place.



How long does it take to turn it down, a year.
Just goes to show where America is at.

Imagine if were an emergency like another WTC or Katrina.
Yea we know how long those are taking.
Can't get people to agree on the time of day anymore.
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Back on subject ...
msdead 7th Oct 2010
I hate ads that have a volume increase. I change the channel or mute it. I think stations could manage this without tax payer money and watchdog committees. Just give the consumer the right of complaint and fine the broadcaster a figure larger than the profit of the commercial. A few of these and the issue is gone.
Technology may be making an issue irrelevant, as you say, but do not make light of Congresses new law. Many people thruoghout the country do not have HDTV or a DVR. This law is for them, and I support it.

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