Title 47Telegraphs, Telephones, and RadiotelegraphsRelease 119-73

§621 Rulemaking on loud commercials required

Title 47 › Chapter CHAPTER 5— - WIRE OR RADIO COMMUNICATION › Subchapter SUBCHAPTER VI— - MISCELLANEOUS PROVISIONS › § 621

Last updated Apr 6, 2026|Official source

Summary

The Federal Communications Commission must, within 1 year after December 15, 2010, create a rule that requires the A/85 loudness guideline (and any later updates approved by the Advanced Television Systems Committee) to be used, but only for how commercial advertisements are sent by television broadcast stations, cable operators, or other multichannel video programming distributors. The rule must start 1 year after it is adopted. The FCC can delay that start date for any station, operator, or distributor that proves buying the needed equipment would cause financial hardship for 1 year, and can renew that delay for 1 more year. The FCC also keeps its existing power under 47 C.F.R. 1.3 to waive rules for good cause. If an operator installs and keeps the required equipment and software in a commercially reasonable way, it will be treated as following the rule. Definitions: “television broadcast station” — as defined in section 325 of the Communications Act of 1934; “cable operator” and “multichannel video programming distributor” — as defined in section 602 of the Communications Act of 1934.

Full Legal Text

Title 47, §621

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)Within 1 year after December 15, 2010, the Federal Communications Commission shall prescribe pursuant to the Communications Act of 1934 (47 U.S.C. 151 et seq.) a regulation that is limited to incorporating by reference and making mandatory (subject to any waivers the Commission may grant) the “Recommended Practice: Techniques for Establishing and Maintaining Audio Loudness for Digital Television” (A/85), and any successor thereto, approved by the Advanced Television Systems Committee, only insofar as such recommended practice concerns the transmission of commercial advertisements by a television broadcast station, cable operator, or other multichannel video programming distributor.
(b)(1)The Federal Communications Commission shall prescribe that the regulation adopted pursuant to subsection (a) shall become effective 1 year after the date of its adoption.
(2)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.
(3)Nothing in this section affects the Commission’s authority under section 1.3 of its rules (47 C.F.R. 1.3) to waive any rule required by this Act, or the application of any such rule, for good cause shown to a television broadcast station, cable operator, or other multichannel video programming distributor, or to a class of such stations, operators, or distributors.
(c)Any broadcast television operator, cable operator, or other multichannel video programming distributor that installs, utilizes, and maintains in a commercially reasonable manner the equipment and associated software in compliance with the regulations issued by the Federal Communications Commission in accordance with subsection (a) shall be deemed to be in compliance with such regulations.
(d)For purposes of this section—
(1)the term “television broadcast station” has the meaning given such term in section 325 of the Communications Act of 1934 (47 U.S.C. 325); and
(2)the terms “cable operator” and “multi-channel video programming distributor” have the meanings given such terms in section 602 of Communications Act of 1934 (47 U.S.C. 522).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Communications Act of 1934, referred to in subsec. (a), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. This Act, referred to in subsec. (b)(3), is Pub. L. 111–311, Dec. 15, 2010, 124 Stat. 3294, known as the Commercial Advertisement Loudness Mitigation Act or the CALM Act, which enacted this section and provisions set out as a note under section 609 of this title. Codification Section was enacted as part of the Commercial Advertisement Loudness Mitigation Act, or the CALM Act, and not as part of the Communications Act of 1934 which comprises this chapter.

Reference

Citations & Metadata

Citation

47 U.S.C. § 621

Title 47Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 6, 2026

Release point: 119-73