CALM Modernization Act of 2023

Commercial Advertisement Loudness Mitigation Modernization Act of 2023 or the CALM Modernization Act of 2023

This bill applies certain requirements for moderating the volume of commercials to video streaming services that are supported by advertisements (e.g., Hulu). It also modifies enforcement of those requirements.

Current law requires commercials transmitted via broadcast, cable, and satellite television to have the same average volume as the underlying programming. Under this bill, the Federal Communications Commission must apply through rulemaking similar requirements to ad-supported video streaming services.

The bill also modifies enforcement of requirements for moderating the volume of commercials. The commission currently uses a complaint-driven enforcement process. Under this bill, the commission must treat violations of the requirements as violations of the Communications Act of 1934. Additionally, the bill makes rebuttable a presumption that deems a broadcast television station, cable operator, or other multichannel video programming distributor in compliance with the requirements if it appropriately installs and uses certain equipment and software to moderate the volume of commercials.

The Government Accountability Office must report on the effectiveness of the requirements, and the commission's enforcement of them, in moderating the volume of commercials.