FCC Asks: Are TV Commercials Finally Not Blasting Your Eardrums?
Published Date: 3/11/2025
Proposed Rule
Summary
The FCC is checking in on the CALM Act to see if it’s doing a good job stopping those annoying super loud TV commercials. They want feedback from viewers and TV companies about how well the rules work and if streaming services should follow them too. Comments are open until April 10, 2025, so everyone can help shape the future of quieter ads without extra costs for viewers.
Analyzed Economic Effects
6 provisions identified: 2 benefits, 4 costs, 0 mixed.
Possible extension to streaming platforms
The FCC is seeking comment on whether its CALM Act rules should address loud commercials on streaming services and online platforms, but the NPRM does not propose any regulations for streaming providers now and says the Commission will not proceed with rules for streaming without first seeking public comment in a later notice. The FCC also states that if it ultimately adopts rules extending CALM Act requirements to streaming, that would necessitate new compliance obligations for small and other providers of those services.
Streaming audio issues may hurt people with disabilities
The FCC notes that degraded audio quality in streamed shows and movies could disproportionately affect people with disabilities and is seeking comments about consumers' ability to hear and understand dialogue in streaming content. The NPRM asks whether lack of industry-wide audio standards for streaming contributes to the problem and whether the Commission has authority to act under accessibility laws.
Mandatory loudness standard for TV ads
The CALM Act rules require television broadcasters and multichannel video programming providers (MVPDs) to follow the ATSC A/85 technical standard so that the average loudness of a commercial does not exceed the average loudness of the surrounding program. These rules were adopted by the FCC and took effect on December 13, 2012, and were updated in 2014 to reflect minor technical changes.
Spot-check and safe-harbor compliance rules
If the FCC notifies a station or MVPD of a pattern or trend of loud-commercial complaints, that station or MVPD must, within 30 days, perform a 24-hour spot check of the affected channel or stream to verify compliance. For commercials they insert, stations/MVPDs can show compliance by demonstrating use of specified equipment; for commercials inserted by programmers or third parties, the rules provide 'safe harbors' based on certifications and periodic testing.
Small broadcasters: no major new burdens expected now
The FCC states it does not anticipate significant changes to existing reporting, recordkeeping, or compliance obligations for small broadcasters and MVPDs as a result of this proceeding. However, the FCC invites information about whether small entities currently need to hire professionals to comply and asks for cost and benefit data if changes are proposed.
Consumers still file many loud-ad complaints
The FCC reports it received at least 1,700 complaints referencing loud commercials related to broadcast television, cable, and satellite in 2024, up from about 750 in 2022 and 825 in 2023. The NPRM seeks consumer input on when, where, and which ads are most disruptive and how the complaint process could be made clearer or easier to use.
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Key Dates
Department and Agencies
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