The 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.”