BILL ANALYSIS
AJR 43
Page 1
ASSEMBLY THIRD READING
AJR 43 (Hill)
As Introduced June 7, 2010
Majority vote
UTILITIES & COMMERCE 11-3
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|Ayes:|Bradford, Buchanan, | | |
| |Carter, Fletcher, Fong, | | |
| |Fuentes, Furutani, | | |
| |Huffman, Ma, Skinner, | | |
| |Swanson | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Fuller, Villines | | |
| | | | |
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SUMMARY : 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 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.
EXISTING STATE LAW requires the California Energy Commission
(CEC) 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.
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
AJR 43
Page 2
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
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 25 quarterly reports on consumer
complaints that have been released since 2002, 21 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.
Analysis Prepared by : DaVina Flemings / U. & C. / (916)
319-2083
FN: 0005067