BILL ANALYSIS
AJR 43
Page 1
Date of Hearing: June 28, 2010
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Steven Bradford, Chair
AJR 43 (Hill) - As Introduced: June 7, 2010
SUBJECT : Radio television loudness.
SUMMARY : The Assembly and the Senate of the State of
California urges the President of the United States of America
and Congress to enact legislation to establish a standard to
minimize the "audio loudness differential" in television.
EXISTING LAW:
1)Requires the California Energy Commission to adopt regulatory
standards for minimum levels of operating efficiency for
appliances, the use of which requires a significant amount of
energy or water on a statewide basis. These regulations cannot
result in any added total of costs for consumers over the
designed life of the regulated appliances.
2)Federal law authorizes the Federal Trade Commission to require
energy disclosures for certain consumer electronics, including
televisions, personal computers, cable or satellite set-top
boxes, stand-alone digital video recorder boxes, and personal
monitors; and preempts state labeling regulations once a rule
is adopted for a specific appliance.
FISCAL EFFECT : Unknown.
COMMENTS : According to the author, "We all understand that
commercials are necessary in order to sustain free over-the-air
television. However, that does not give advertisers the right
to scream at consumers in their living rooms. In the absence of
action on part of the broadcasters to self-regulate these
aggressive advertising tactics, it is our responsibility to
protect consumers and establish a standard that broadcasters and
others can use to minimize the "audio loudness differential" in
television."
Background : Every year, television networks receive thousands
of complaints from viewers bothered by sudden increase in volume
when television commercials are aired. Current federal
regulation requires advertisements to be no more than the
AJR 43
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highest decibel level of a television show, which often contains
a mix of audio levels intended to build dramatic effect. Thus,
many advertisers use the highest decibel of a television
baseline volume which makes the entire commercial loud.
Since 1954, the Federal Communications Commission (FCC) has been
aware of excessively loud commercial advertisements on
television and radio. In the twenty-five quarterly reports on
consumer complaints that have been released since 2002,
twenty-one have listed complaints about the "abrupt changes in
volume" during transition from regular programming to
commercials, as the top consumer grievance regarding radio and
television broadcasting.
The Library of Congress has noted that legislation addressing
this matter has already been adopted in Australia, Brazil,
France, Israel, Russia, and the United Kingdom.
In 2008, Representative Anna Eshoo (D-CA) introduced The
Commercial Advertisement Loudness Mitigation Act (CALM Act, H.R.
1084) to address loud commercials, and directs the FCC to enact
within one year rules requiring television advertisements to not
be excessively noisy.
AJR 43 would urge federal legislators to support the passage of
H.R. 1084 and establish a standard that broadcasters and others
can use to minimize the "audio loudness differential" in
television.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : DaVina Flemings / U. & C. / (916)
319-2083