December 16, 2009 11:34 AM

Congress May Regulate Loud TV Commercials

By
CBSNews
(AP)  Television viewers jarred by abrupt spikes in volume during commercial breaks may someday be able to give their mute buttons a rest.

"I not only dive for the mute button, but I end up having to close my windows so that the blast doesn't affect by neighbors," says Congresswoman Anna Eshoo. "I live on a cul-de-sac, and so the sound resonates."

Irritated with loud commercials, the California Democrat found it was also a common complaint with the Federal Communications Commission. So she drafted a bill aimed at preventing TV ads from playing noticeably louder than the programs they sponsor.

The House is scheduled to vote Tuesday on the bill. An identical measure has been introduced in the Senate by Sen. Sheldon Whitehouse of Rhode Island. Even if they become law, will viewers notice much difference? Maybe, maybe not, some experts say.

Eshoo's bill originally prescribed that television advertisements could be no louder than the average maximum loudness of the programs they accompany. She changed her bill to instead adopt guidelines developed by the TV industry, which she said will accomplish the same goal.

"I didn't go with the industry," she said. "I prodded the industry to come up with the technology and the standards. And they did."

Robert Thompson, a professor of television and popular culture at Syracuse University, says Congress should have higher priorities than strident commercials.

"The idea that this is a problem that is so big that it requires legislative action is incredibly absurd," he said. "I don't think anyone's ears have ever been damaged by this."

Right now, the government doesn't have much say in the volume of TV ads. It's been getting complaints ever since televisions began proliferating in the 1950s. But the FCC concluded in 1984 there was no fair way to write regulations controlling the "apparent loudness" of commercials.

Correcting sound levels is more complicated than using the remote control. The television shows and ads come from a variety of sources, from local businesses to syndicators.

Managing the transition between programs and ads without spoiling the artistic intent of the producers poses technical challenges and may require TV broadcasters to purchase new equipment. To address the issue, an industry organization recently produced guidelines on how to process, measure and transmit audio in a uniform way.

Eshoo's bill requires the FCC to adopt those recommendations as regulations within a year and begin enforcing them a year later.

Mark Richer, who heads the industry's Advanced Television Systems Committee, said some companies have started to make changes.

"People are already hearing a difference - or not hearing a difference - is a better way to put it," he said.

Richer's group doesn't have a position on the bill, but he said he hopes the government doesn't do something that complicates the industry's own attempt to smooth out the volume. Consumers Union and the American Association of Advertising Agencies support the legislation. The National Association of Broadcasters declined to comment on it.

Even once the adjustments are in place, listeners may still notice different volume levels, Richer said. Sound spikes can be part of the storytelling - the screeching sounds of a car, for example - and some commercials may just seem noisy because they follow a quiet, intense scene.

"That's life," Richer said. "That's what sound is."

AP
Add a Comment See all 51 Comments
by cbain81 January 5, 2010 3:27 PM EST
This is a scary move for the government to make. This is their first babystep into the regulation of media. If this passes it will set a new precedent for the government to have the ability to pass regulations that govern different forms of media, which could (and probably would) lead to tham passing regulations to control other forms of media such as Radio, and Internet.

Under no circumstance should the government be allowed to touch this.
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by Rick490R December 22, 2009 11:11 AM EST
There is a simple solution if you have a Motorola cable box, such as Comcast provides. Hit your silver remote's Menu button, choose Setup, Audio Setup, Compression, set from Light to Heavy, then Exit. That will reduce any loud programming like magic. Not for audio affectionados, and you may want to adjust it when watching a movie on cable, but the average viewer will be happy without the loud commercials.
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by rf35 December 15, 2009 9:09 AM EST
This is an initiative I support. If the reason for the sound difference is because of the "variety of sources," then why are all the ads always extra loud? It would seem that some would be louder and some softer if that were a true statement. They are abviously designed to be louder (so we fat Americans can hear them as we go to the kitchen during commercials to find a snack). It's almost self-defeating...it doesn't help the advertiser if we skip through commercials or mute them because they are annoyingly loud.
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by sleepyric December 15, 2009 7:54 AM EST
Gee,,,what a high priority task! While you're at it, get all the Viagra; Levitra; Extenze; Smilin' Bob commercials off the air. What trash the ***** TV networks put on...anything to make a buck whether it's a good product or not..
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by stormerF2 December 15, 2009 7:14 AM EST
Finally something Congress has come up with something that all the American Tax Payers can agree on. What is supriseing is that they don't want to tax us for it.
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by endurorob_5 December 15, 2009 8:19 AM EST
The FCC will probably need a new division to regulate this so the taxes will follow shortly.
by libftw December 15, 2009 1:41 AM EST
Billy Mays is rolling over in his grave...
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by brianbwb-2009 December 15, 2009 1:16 AM EST
I am old enough to remember the advent of cable TV, the biggest selling point was "no commercials."

The companies explained that your subscription fee made it unnecessary for them to accept commercial advertising.

I knew then they were lying, and that the "no commercials" trick would soon end.

Now everyone is paying cable rates for what used to be free over-the-air broadcasting, complete with commercials, because the digital croosover put formerly free channels into your cable box.

Good luck trying to watch without paying.

Suckers.
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by WitchBroom December 15, 2009 12:35 AM EST
A big shout out to say THANK YOU to the companies who pay for loud commercials to be produced then aired as well as the cable and satellite tv companies too. A few years back, our household got tired of all your sh** and gave the boot to the cable/satellite tv and pay-per-view along with the accompanying loud mouth commercials too. No cable/satellite tv saved us in excess of $1,800 annually. All of us have been pleasantly surprised by how much quieter and more pleasant our home environment has become. Also, it has markedly improved our family unit as well as our recreational endeavors along with our involvement in the community and more engaging social lives too. Otherwise, our at-home entertainment is solely supported by Netflix, a vast selection of DVDs and Blue Ray discs available through our local public library and downloading movies from the web.
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by Justme8811 December 14, 2009 11:24 PM EST
How about, just for once, staying out of our lives!!!!!
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by debinok1 December 14, 2009 11:10 PM EST
They cannot regulate the banks to prevent economic collapse but they can regulate the volume of commercials. Talk about messed up priorities.
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