NAB To FCC: Streamers Don't Comply With CALM Act

 
The Commercial Advertisement Loudness Mitigation (CALM) Act is a U.S. law passed in 2010 to address the issue of excessively loud TV commercials. It requires the Federal Communications Commission (FCC) to ensure that commercials on broadcast, cable, and satellite television have the same average volume as the programs they accompany. The goal is to prevent jarring volume spikes that annoy viewers. The FCC implemented rules in 2012 which provides technical guidelines for measuring and controlling audio loudness.

The CALM Act applies only to traditional TV platforms—broadcast stations, cable operators, and satellite providers—not to online streaming services like YouTube, Hulu, or Netflix. Enforcement relies heavily on consumer complaints, with the FCC investigating patterns of non-compliance rather than actively monitoring broadcasts. Non-compliant providers can face penalties, but enforcement has been criticized as weak, with few actions taken despite thousands of complaints since the law’s passage.

Regarding the National Association of Broadcasters (NAB) statement, they recently told the FCC that broadcasters are complying with the CALM Act, but many consumer complaints about loud ads stem from unregulated streaming services. 

The NAB argues that these online platforms, not covered by the CALM Act, are the primary culprits behind loud commercials today, and no new regulations are needed for broadcasters. This comes as the FCC considers updating its rules due to a surge in complaints, with some pushing to extend the CALM Act to streaming services—a move the NAB and others caution against without careful consideration.

There’s been talk of modernizing the CALM Act to include streaming, like a bill proposed in 2022, but it hasn’t passed. The debate hinges on balancing consumer relief with regulatory overreach, especially since streaming platforms operate differently from traditional TV. Some argue the FCC lacks clear authority over streamers without new legislation, while others see voluntary industry standards as a potential fix.