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Title 47, Telegraphs, Telephones, and RadiotelegraphsRelease 119-110

§621 Rulemaking on Loud Commercials Required

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

Last updated Sep 22, 2026|Official source

Summary

The Federal Communications Commission must, within 1 year after December 15, 2010, make a rule that requires the Advanced Television Systems Committee’s A/85 loudness guideline (and any updates) to be used for how television commercials are sent by broadcast stations, cable operators, and other multichannel video programming distributors. That rule will take effect 1 year after the FCC adopts it. The FCC may delay the start date for any operator that proves buying the needed equipment would cause financial hardship for 1 year, and may extend that delay for 1 more year. The FCC keeps its usual power to grant waivers for good cause. Operators who install and reasonably maintain the required equipment and software are treated as following the rule. Definitions: "television broadcast station" — defined in 47 U.S.C. 325. "cable operator" and "multichannel video programming distributor" — defined in 47 U.S.C. 522.

Full Legal Text

Title 47, §621

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

(a)Rulemaking required
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)Implementation
(1)Effective date
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)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.
(3)Waiver authority
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)Compliance
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)Definitions
For purposes of this section
(1)
(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 47, Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Sep 22, 2026

Release point: 119-110