,,ii  #aahth ,,congress  #ast ,session  
,s4 #aabg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #cj1    
#bjbc,mr4 ,whitehouse 7for himself1 ,ms4
 ,duckworth1 and ,mr4 ,blumenthal7      
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,commerce1 ,science1 and  
,transportation  ,a ,,bill  ,to amend   
the ,,calm ,act to include video        
streaming services1 and for other       
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,commercial         
,advertisement ,loudness ,mitigation    
,modernization ,act of #bjbc or the     
,,calm ,modernization ,act of #bjbc4    
#b4 ,modernization of the ,,calm act and
 rulemaking on loud commercials on      
streaming video  7a7 ,amendments ,the   
,,calm ,act 7,public ,law #aaa-caa2 #abd
 ,stat4 #cbid7 is amended-- 7#a7 in     
section #b 7#dg ,u4,s4,c4 #fba7-- 7,a7  
by striking ,federal ,communications    
,commission each place the term appears 
and inserting ,commission2  7,b7 by     

striking subsection 7c7 and inserting   
the following3  7c7 ,compliance  7#a7   
,rebuttable presumption ,there is a     
rebuttable presumption that any         
television broadcast station1 cable     
operator1 or other multichannel video   
programming distributor that installs1  
uses1 and maintains in a commercially   
reasonable manner the equipment and     
associated software in compliance with  
the regulations issued by the           
,commission in accordance with          
subsection 7a7 is in compliance with    
those regulations4  7#b7 ,factors to    
determine rebuttal ,in determining      
whether the presumption of compliance   
under paragraph 7#a7 has been rebutted  
with respect to a television broadcast  
station1 cable operator1 or other       
multichannel video programming          
distributor1 the ,commission shall      
consider the following3 7,a7 ,the number
 of complaints regarding loud           
commercials the ,commission has received
 with respect to that station1 operator1

 or other distributor4  7,b7            
,substantive patterns or trends from    
complaints on loud commercials the      
,commission has received4  7,c7 ,data   
and conclusions in any report issued by 
a ,federal agency 7including the        
,government ,accountability ,office7    
regarding the effectiveness of this ,act
 in moderating the loudness of          
commercials in comparison with          
accompanying video programming4  7,d7   
,any other factor established by the    
,commission by regulation4  2 and  7,c7 
in subsection 7d7-- 7i7 by redesignating
 paragraph 7#a7 as paragraph 7#c7 and   
moving it to appear after paragraph     
7#b72  7ii7 in paragraph 7#c71 as so    
redesignated1 by striking 2 and at the  
end and inserting a period2  7iii7 by   
redesignating paragraph 7#b7 as         
paragraph 7#a72  7iv7 in paragraph 7#a71
 as so redesignated-- 7,i7 by striking  
multi-channel and inserting             
multichannel2 and  7,,ii7 by striking   
the period at the end and inserting a   

semicolon2 and  7v7 by inserting after  
paragraph 7#a71 as so redesignated1 the 
following3  7#b7 the term ,commission   
means the ,federal ,communications      
,commission2 and  2 and  7#b7 by adding 
at the end the following3  #c4          
,rulemaking on loud commercials on      
streaming video  7a7 ,rulemaking        
required for loud streaming video       
commercials  7#a7 ,in general ,not later
 than #a year after the date of         
enactment of this section1 the          
,commission shall prescribe pursuant to 
the ,communications ,act of #aicd 7#dg  
,u4,s4,c4 #aea et seq47 a regulation    
that prohibits video streaming services 
from transmitting the audio of          
commercial advertisements louder than   
the video content the advertisements    
accompany in a manner that is similar in
 effect to the regulation prescribed    
under section #b4  7#b7 ,rebuttable     
presumption ,in prescribing the         
regulation under paragraph 7#a71 the    
,commission may include a rebuttable    

presumption provision that is similar to
 the rebuttable presumption under       
section #b7;c7 if it is practicable and 
warranted for effective enforcement of  
this section4  7#c7 ,effective date     
,except as provided in paragraph 7#d71  
the regulation required under paragraph 
7#a7 shall take effect #ahj days after  
the date on which the regulation is     
published in the ,federal ,register4    
7#d7 ,extension of effective date ,the  
,commission may extend the effective    
date described in paragraph 7#c7 for #a 
year for any video streaming service    
that demonstrates that complying with   
the regulation would result in          
significant financial hardship4  7#e7   
,updates ,the ,commission shall update  
the regulation prescribed under         
paragraph 7#a7 as necessary4  7b7       
,definitions ,in this section3 7#a7     
,commission ,the term ,commission means 
the ,federal ,communications            
,commission4  7#b7 ,video programming   
,the term video programming has the     

meaning given the term in section       
#gac7;h7 of the ,communications ,act of 
#aicd 7#dg ,u4,s4,c4 #fac7;h774  7#c7   
,video streaming service ,the term video
 streaming service-- 7,a7 means an      
entity that makes available directly to 
the end user through a distribution     
method that uses internet protocol-- 7i7
 video programming2 or  7ii7 video      
content the entity makes available for  
users to view2 and  7,b7 does not       
include-- 7i7 a television broadcast    
station1 cable operator1 or other       
multichannel video programming          
distributor 7as those terms are defined 
in section #b7;d771 only with respect to
 commercial advertisements and video    
programming subject to section #b2 or   
7ii7 an entity that serves video        
programming or video content that is    
served without video commercial         
advertisements4  #d4 ,enforcement  7a7  
,in general ,the ,federal               
,communications ,commission shall       
implement and enforce this ,act as if   

this ,act were a part of the            
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #aea et seq474  7b7           
,violations ,a violation of this ,act1  
or a regulation promulgated under this  
,act1 shall be considered to be a       
violation of the ,communications ,act of
 #aicd1 or a regulation promulgated     
under that ,act1 respectively4  7c7 ,no 
citation required ,paragraph 7#e7 of    
section #ejc7;b7 of the ,communications 
,act of #aicd 7#dg ,u4,s4,c4 #ejc7;b77  
shall not apply to a determination of   
forfeiture liability under that         
subsection against a person who commits 
a violation described in subsection 7b7 
of this section4  4  7b7 ,,gao report on
 ,,calm ,act enforcement  7#a7 ,in      
general ,not later than #ahj days after 
the date of enactment of this ,act1 the 
,comptroller ,general of the ,united    
,states shall submit to the ,committee  
on ,commerce1 ,science1 and             
,transportation of the ,senate and the  
,committee on ,energy and ,commerce of  

the ,house of ,representatives a report 
on section #b of the ,,calm ,act 7#dg   
,u4,s4,c4 #fba71 as amended by          
subsection 7a71 that-- 7,a7 analyzes the
 effectiveness of that section in       
moderating the loudness of commercials  
in comparison to accompanying video     
programming2  7,b7 evaluates the ability
 of the ,federal ,communications        
,commission to effectively moderate the 
loudness of commercials in comparison to
 accompanying video programming under   
subsection 7c7 of that section2 and     
7,c7 as appropriate1 recommends policy  
solutions that would enable better      
moderation of the loudness of           
commercials in comparison to            
accompanying video programming4  7#b7   
,video programming defined ,in this     
subsection1 the term video programming  
has the meaning given the term in       
section #gac7;h7 of the ,communications 
,act of #aicd 7#dg ,u4,s4,c4 #fac7;h774