§ 621. Rulemaking on loud commercials required

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(a)Rulemaking required Within 1 year after December 15, 2010, the Federal Communications Commission shall prescribe pursuant to the Communications Act of 1934 (47 U.S.C. 151 et seq.) a regulation that is limited to incorporating by reference and making mandatory (subject to any waivers the Commission may grant) the “Recommended Practice: Techniques for Establishing and Maintaining Audio Loudness for Digital Television” (A/85), and any successor thereto, approved by the Advanced Television Systems Committee, only insofar as such recommended practice concerns the transmission of commercial advertisements by a television broadcast station, cable operator, or other multichannel video programming distributor.

(b)Implementation

(1)Effective date The Federal Communications Commission shall prescribe that the regulation adopted pursuant to subsection

(a)shall become effective 1 year after the date of its adoption.

(2)Waiver For any television broadcast station, cable operator, or other multichannel video programming distributor that demonstrates that obtaining the equipment to comply with the regulation adopted pursuant to subsection

(a)would result in financial hardship, the Federal Communications Commission may grant a waiver of the effective date set forth in paragraph

(1)for 1 year and may renew such waiver for 1 additional year.

(3)Waiver authority Nothing in this section affects the Commission’s authority under section 1.3 of its rules (47 C.F.R. 1.3) to waive any rule required by this Act, or the application of any such rule, for good cause shown to a television broadcast station, cable operator, or other multichannel video programming distributor, or to a class of such stations, operators, or distributors.

(c)Compliance Any broadcast television operator, cable operator, or other multichannel video programming distributor that installs, utilizes, and maintains in a commercially reasonable manner the equipment and associated software in compliance with the regulations issued by the Federal Communications Commission in accordance with subsection

(a)shall be deemed to be in compliance with such regulations.

(d)Definitions For purposes of this section—

(1)the term “television broadcast station” has the meaning given such term in section 325 of the Communications Act of 1934 (47 U.S.C. 325); and

(2)the terms “cable operator” and “multi-channel video programming distributor” have the meanings given such terms in section 602 of Communications Act of 1934 (47 U.S.C. 522).

(Pub. L. 111–311, § 2, Dec. 15, 2010, 124 Stat. 3294.)

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