FEDERAL COMMUNICATIONS COMMISSION
September 24, 2013
Mignon L. Clyburn
Acting Chairwoman
The Honorable Mike Thompson
U.S. House of Representatives
231 Cannon House Office Building
Washington, D.C. 20515
Dear Congressman Thompson:
Thank you for your letter regarding Commercial Advertisement Loudness
Mitigation Act. 1appreciate your interest in this matter and am pleased to provide the
enclosed letter on this issue from the Associate Bureau Chiefof the FCC's Enforcement
Bureau.
If you have any additional questions or need any further assistance, please do not
hesitate to contact me.
Sincerely,
~x.~
Mignon L. Clyburn
Enclosure
44512" Street S.W. Washington, D.C. 20554 (202) 418·1000
Federal Communications Commission
Washington, D.C. 20554
September 24,2013
EB-IHD-KR-DB
CN1300701
The Honorable Mike Thompson
U. S. House of Representatives
231 Cannon House Office Building
Washington, D. C. 20515
Dear Congressman Thompson:
Thank you for your letter regarding the Commission's work implementing the
Commercial Advertisement Loudness Mitigation (CALM) Act. I appreciate your
dedication to this issue, and I am pleased to respond to your letter.
The Commission timely implemented the CALM Act in 2011, and the resulting
rules went into effect at the end of last year. Our work is not done, however, as we must
also address consumer complaints and overall compliance with the rules to achieve the
benefits Congress intended. The CALM Act itself recognizes that loudness is subjective
and therefore relies on the Advanced Television Systems Committee (ATSC)
recommended practice to address the problem. Consequently, the Commission
established an enforcement mechanism that relies on complaints from the public, which
are reviewed for patterns or trends that indicate noncompliance and warrant investigation
and potential penalties. That review is underway.
As provided in the rules implementing the CALM Act, the Commission's
Enforcement Bureau seeks to identify patterns or trends of complaints. When a pattern or
trend of complaints is identified, then further Enforcement Bureau inquiry may be taken,
including sending a Letter of Inquiry to the station or multichannel video programming
distributor (MVPD) that is responsible for the complained-of commercials. The rules
require the station or MVPD that receives such a letter to demonstrate that it is in
compliance with the rules. The station or MVPD may demonstrate compliance either by
showing that the complained-of commercial did comply with the ATSC N85
recommended practice, or by conducting spot checks of the complained-of programming
to ensure its compliance.
Identifying a pattern or trend requires complex and multi-dimensional analysis of
the complaints. We are continually reviewing the complaints and analyzing them by
MVPD, by station, by complained-of commercial, by geography, and by
programmer/network, among other factors. The data provided by consumers, however, is
often not sufficiently specific or consistent to facilitate reliable analysis. To improve the
data, we have re-examined the complaint forms used for intake, and have identified
improvements that should make it easier for consumers to provide the specific data we
for intake of CALM Act complaints and have identified improvements that should make
it easier for consumers to provide more detailed and specific information. Implementing
the improved form has been-and continues to be-delayed by lack of funding due to the
Commission's reduced budget and the belt-tightening associated with sequestration.
When a pattern or trend ofcomplaints is identified, the Enforcement Bureau
typically sends a Letter ofInquiry to the broadcast station or MVPD that is responsible
for the complained-of commercials. FCC rules require the station or MVPD that receives
such a letter to demonstrate its compliance. The station or MVPD may demonstrate
compliance either by showing that the complained-of commercial did comply with the
ATSC A/85 recommended practice or by conducting spot checks of the complained-of
programming to ensure its ongoing compliance. As with other potential enforcement
activities, we refrain from disclosing publicly any information that could compromise
ongoing investigations.
While it has only been a short time since the rules took effect, please be assured
that we take seriously our responsibilities under the CALM Act. We will continue to
provide information to the public regarding the issue and will work with the affected
industries to ensure compliance.
Kai e"
Associate Bureau Chief
Enforcement Bureau