§621 Rulemaking on Loud Commercials Required

Summary

The FCC must, within 1 year after December 15, 2010, create a rule that makes the A/85 loudness guide (and any later updates) mandatory for how TV commercials are sent by broadcast stations, cable companies, and other multichannel video providers. The rule only applies to the transmission of commercials and uses the A/85 guidance approved by the Advanced Television Systems Committee. The rule will take effect 1 year after the FCC adopts it. If a broadcaster or provider can show that buying the needed equipment would cause financial hardship, the FCC may delay the effective date for that party for 1 year and may extend that delay for one more year. The FCC still has its general power under 47 C.F.R. 1.3 to grant waivers for good cause. Operators who install, use, and maintain the required equipment and software in a commercially reasonable way will be treated as following the rule. Definitions: television broadcast station — a TV station as defined in the Communications Act; cable operator and multichannel video programming distributor — companies that provide cable or similar multichannel TV service.