Eshoo defends CALM Act before FCC


US CongressThe National Cable and Telecommunications Association has petitioned the FCC to exempt promotional announcements from the new volume requirements imposed by the CALM Act, but the ACT’s sponsor, Anna Eshoo (D-CA) says creating an exemption for that class of advertisement was not part of its intent.

Not only is there nothing in the Act that could give the impression that promotional announcements were not intended to be covered, Eshoo said there wasn’t even anything in the debate over the CALM Act that could have possibly generated that impression.

“The NCTA seeks to create a special class of advertising based on the desire to exclude as many advertisements as possible from the FCC’s rules,” suggested Eshoo in a letter to FCC Chairman Julius Genachowski. However, to her it is clear that “Common sense and legislative guidance clearly demonstrate that the Commission acted appropriately.”

She noted NCTA’s claim that monitoring “so-called promos” would cause compliance burdens and the need for additional spot-checking, she said, “While I’m always sensitive for the need to refrain from imposing unnecessary regulatory burdens, television viewers have a reasonable expectation that compliance with the CALM Act’s rules will be consistent across all commercial network, including non-advertiser-supported networks.”


  1. I’m trying to get an update on the Calm Act which supposedly is to go into effect in mid December, 2012. I understand a petition was submitted in mid August to delete portions of the Calm Act as they would create “hardships”. If that happens, it would be unconscionable as it would defeat the whole purpose of the Act, ie., maintenance of volume at the same level for both programs and its advertisements. The blaring advertisements over the volume of the actual program as it is today is extremely annoying to the viewer and usually results in the viewer muting the sound or changing channels. I sincerely hope that nothing is done to take the “beef” out of the Calm Act and that it goes into effect as originally schedule.

    I find the FCC to be less than friendly when talking to the public.

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