BILL ANALYSIS
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THIRD READING
Bill No: AJR 43
Author: Hill (D)
Amended: As introduced
Vote: 21
WITHOUT REFERENCE TO COMMITTEE OR FILE
ASSEMBLY FLOOR : 51-19, 7/1/10 - See last page for vote
SUBJECT : Television: audio loudness
SOURCE : Author
DIGEST : This resolution urges the Congress and the
President of the United States to enact legislation to
establish a standard to minimize the "audio loudness
differential" in television.
ANALYSIS : 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
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AJR 43
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statewide basis. These regulations cannot result in any
added total of costs for consumers over the designed life
of the regulated appliances.
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 urges 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.
FISCAL EFFECT : Fiscal Com.: No
ARGUMENTS IN SUPPORT : According to the author, "We all
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AJR 43
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3
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."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Carter, Coto,
Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Furutani, Galgiani, Gatto, Hall, Hayashi,
Hernandez, Hill, Huffman, Jones, Lieu, Bonnie Lowenthal,
Ma, Mendoza, Monning, Nava, Nestande, V. Manuel Perez,
Portantino, Ruskin, Salas, Saldana, Skinner, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Torrico,
Yamada, John A. Perez
NOES: Adams, Anderson, Tom Berryhill, Blakeslee, DeVore,
Fuller, Gaines, Garrick, Gilmore, Huber, Knight, Logue,
Miller, Niello, Nielsen, Norby, Smyth, Tran, Villines
NO VOTE RECORDED: Bill Berryhill, Charles Calderon,
Chesbro, Conway, Cook, Hagman, Harkey, Jeffries, Silva,
Vacancy
JJA:mw 8/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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