Shhh! FCC to Enforce Law Banning Loud TV Commercials

[Rael]

Online advertising is growing faster, but television still consumes most of the industry's money -- globally, $6.50 out of every $10 spent. But in the United States, TV advertisers are going to have to work more quietly.

On Wednesday, the Federal Communications Commission announced plans to implement the 2010 Commercial Advertisement Loudness Mitigation Act -- aka the CALM Act -- in which Congress gave the commission, for the first time, authority to address the problem of excessive commercial loudness," according to an FCC press release.

"The rules adopted today require that commercials have the same average volume as the programs they accompany," the FCC explained. "They carry out Congress' mandate to give viewers relief from overloud commercials while avoiding unnecessary burdens on television stations and MVPDs [multichannel video programming distributors]."

For years, the message from TV watchers has been loud and clear. "The Commission has received almost 6,000 complaints or inquiries about loud commercials since 2008," FCC Chairman Julius Genachowski said in a statement. "So I'm pleased that we have crafted a process that will protect consumers from inappropriately loud commercials, while remaining sensitive to resource constraints of small broadcasters and subscription TV providers." It will be the job of broadcasters, cable and telecommunications companies, satellite and other TV providers to ensure that the volume doesn't spike when programming gives way to commercial interruption.

In a separate statement, Commissioner Robert M. McDowell said that TV commercials "will never be the same," mentioning in particular the hyper-vocal pitches for OxyClean, ShamWow!, and HeadOn.

Although he offered general support for the FCC's efforts, McDowell expressed reservations about some of the rules being adopted. Specifically, he said that the FCC might be exceeding its legislative mandate in making broadcasters and MVPDs "ultimately liable for passing through loud, embedded commercials by programmers -- over which broadcasters and MVPDs have no control and we [the FCC] have no jurisdiction." He also said it is possible to interpret the language of the CALM Act "as providing the Commission authority to regulate the volume of commercials, but not promos." Promos -- advertisements promoting television programming -- were not exempted from the FCC's rules.

"I am unsure whether we are getting the legislative intent right," McDowell concluded, "but I remain hopeful."

Unfortunately, the rules don't go into effect until next December -- leaving us all to face another 12 months of intermittent blaring from loudmouthed pitchmen, actors playing sick people, and talking animals.

[libertyjam]

For some reason this story just makes me think of :


http://www.youtube.com/watch?v=eyCEexG9xjw&ob=av3e

[specsaregood]

I'm not fan of the FCC; but if we are gonna have one, then I like the intent of this rule.

[Revolution9]

They should just put a db limit of -4 on commercials. This can be accomplished with a simple electronic compressor without compromising audibility. Broadcasters don't have to spend a dime. It is the studios who have to make one run of the commercial though their editing software to comply. Big frakkin' deal. Two minutes or less setup and a few minutes to render to video again tops.

Rev9

[ZanZibar]

These idiots don't have a clue how sound works.

[Occam's Banana]

Thanks, FCC, but no thanks. I already have an effective remedy for over-loud (or otherwise annoying) TV fare.
I've got a banhammer on my remote. It's called the 'MUTE' button.

[specsaregood]

//

[brushfire]

If its a big enough problem, it will create a market for some device or feature - just like excessive commercials did for tivo/DVR.

The FCC needs to go.

[TonySutton]

The FX channel is one I used to watch that now raises the volume of its commercials. For this reason I no longer watch FX channel. I feel allowing market pressures to force the change is better than more government regulation.

[Revolution9]

Thanks, FCC, but no thanks. I already have an effective remedy for over-loud (or otherwise annoying) TV fare.
I've got a banhammer on my remote. It's called the 'MUTE' button.

Being in the industry I would like to banhammer studios that do this. Totally unprofessional to crank the sound up to 0db, throw a hard knee compressor on it and set it so that the sound pressure is always at or near 0db when they know damn well it will come on like gangbusters over the properly edited program it is sponsoring. In a way they kill their own message and drive folks away from the program they chose to sponsor. Same deal with the obnoxious use of Flash to take over a page by an accidental rollover. Kill these studios for not telling the client they will ruin their image with in-your-face forced issue adverts.

Rev9

[Occam's Banana]

you might change your mind someday when a show jumps to commercial break witha loud increase in volume, enough to wake up your sleeping infant child.
Actually, I won't change my mind, because for cases such as that there's the ultimate TV banhammer - it's called the 'OFF' button. Use it.
(Check out alternative activities, such as those involving things called 'books,' 'the Internet,' 'walking,' 'talking,' 'parcheesi,' etc.)
Or not. It's your choice. But the Fed.Gov. has no legitimate business whatsoever attempting to appease those who wish to avoid the inconveniences (such as suddenly-awakened infants) attending the making of such choices.