Eshoo Wants Loud TV Ads Regulated By FCC
Bill Would Ensure Ads Aren’t ‘Substantially’ Louder Than Programming
By Ted Hearn -- Multichannel News, 6/13/2008 9:53:00 AM
Washington—The Federal Communications Commission would be required to regulate the volume of television commercials for excessive loudness under a House bill recently introduced by Rep. Anna Eshoo (D-Calif.).
Eshoo, a member the Energy and Commerce Committee who represents Silicon Valley, wants the FCC to regulate “excessively noisy and strident” ads on broadcast TV, cable television and satellite television. The bill would exempt radio stations and the Internet.
“We're still studying it,” said Dennis Wharton, executive vice president of media relations for the National Association of Broadcasters.
Dan Brenner, senior vice president of law and regulatory policy at the National Cable & Telecommunications Association, said he looked into volume changes on television when he worked at the FCC in the early 1990s.
In his research, Brenner found that people might mistakenly perceive that ads are louder than regular programming. This happens, he said, when regular programming ends at a low-volume moment just before cutting to a commercial set at a normal volume level.
“Maybe the FCC has more research, but when I looked at it—this was 15 years ago—that was the problem, that you couldn't really actually measure loudness because it all depends on what came before the so-called loud commercial,” Brenner said.
Brenner said he was unaware that the cable industry deliberately elevated the volume of its commercials.
“I've never heard of that,” he said.
Eshoo's bill would give the FCC one-year to adopt regulations that would ensure that the loudness of TV ads was not “substantially higher than the program material that such advertisements accompany.”
Eshoo named her bill the Commercial Advertisement Loudness Mitigation Act or the CALM Act. She has one co-sponsor, Rep. Zoe Lofgren (D-Calif.)
“Most Americans are not overjoyed to watch television commercials, but they are willing to tolerate them to sustain free over-the-air television. What annoys all of us is the sudden increase of volume when commercials are aired,” Eshoo said in a prepared statement. “My legislation will reduce the volume of commercials in order to bring them to [the] same level as the programs they accompany.”
Eshoo's bill contained no findings regarding the prevalence of volume manipulation in TV ads, no statements about who is responsible for the practice, and no language regarding the bill's impact on the First Amendment.
Courts tend to strike down laws that impose burdens on speech when less restrictive alternatives are available. TV volume regulator devices, for example, are available for consumers to purchase on an individual basis.
One such device, called the TV Sound Regulator, sells on the Internet for $49.95.
Adonis Hoffman, senior vice president and counsel of the American Association of Advertising Agencies, said it's possible the FCC already has the authority to regulate volume levels on TV.
“If so, that might obviate the need for any new legislation. But if there are new standards to be developed, the advertising industry would want to be a part of that process and would certainly comply with the new rules,” said Hoffman, a former FCC official under Democratic chairman William Kennard.
In January, the FCC released a report showing that it had received complaints from consumers about the “abrupt changes in volume” during transitions from regular programming to commercials.
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I thought there were already FCC laws regarding commercial but I guess not.. If you are in fact getting anything done regarding this matter I have two points that you might find interesting one of which is the fact that via Cox Cable Service there are two commercials which are the very worst both being Government Energy commercials the "Energy Star" commercial and the "Tink Energy Tips" commercial for the US Department of Energy. Thought it funny both are.gov sites on the ads and certainly are not just a little bit louder or as loud as the loudest aired sound on the program you are watching, they are obnoxious. The channel doesn't matter either, whether it be on a local station or cable station, these two commercials are the worst of them all. Maybe with the new Government funded medical coverage we are being promised we can all get our hearing checked to make sure we are all ok not to mention my injured toe from running to get my remote before the speakers on my TV blew out. Cox cable also has Very loud commercials, and I called them about these few commercials that are such a problem they basically had no clue and were no help. Stating it was my equipment, but after mentioning that I had all new equipment just replaced this year they said they had no idea why it was like that, never mind the fact it's not all commercials that are the problem.
The second point I wanted to make was you mentioned in your article that we deal with this for free TV, but TV is no longer free since June 2009 we are now being made to pay for some sort of service in order to obtain any type of TV viewing. So now that we are all paying for this service I think we should at the Very least have some say so as to what we will and will not put up with. I would like to help in getting this taken care of. Who can we write to get this matter handled or even just looked into.
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Melody Reinhardt - 7/24/2009 5:48:37 PM EDT -
Something definitely needs to be done to make these advertisers reduce the loudness of their ads. I have to constantly turn the sound down on my TV during commercials to keep from getting a headache while watching TV.
Kay Benudiz - 6/14/2009 10:35:45 PM EDT -
Many of the PARENTS OF YOUNG CHILDREN would KILL the people who thought up this stupid advertising gimmick. To deny that the volume does not increase is to LIE. It has awakened me many times and I am so angry that I would join in a class action lawsuit to kick these guys in the butt.
Prantha Trivedi - 6/14/2009 3:34:40 AM EDT -
PS Brenner is simply full of crap. I could take a meter and prove that volume is substantially increased for commercials and so can you. Don't listen to him put a DB meter to use.
Obviously I did not get everything said the first time...or the second.
Regards all LC of Federal Way WA
LC campbell - 3/14/2009 12:50:55 AM EDT -
ESHOO,
Are you hearing these people who are making comments on just how fed up all of us are with the lack of regulations. Left up to commerce, all bets are off and they are going to shove all they can right up our collective bottoms. One of the people who commented stated that sometime back he recalled that the FCC did regulate volume over the air and I too remember this rule or law. What happened? Why is the law/rule not followed...why are so many previous laws, guidelines and rules so flagrently ignored. I'm sick of it!!!!!! I have news...the public is quite tired of being taken advantage of. LC
LC Campbell - 3/14/2009 12:42:13 AM EDT
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