On December 13, 2011, the FCC released
a Report & Order ("R&O"), FCC 11-182, adopting rules to
implement the Commercial Advertisement Loudness Mitigation ("CALM")
Act. Among other things, the CALM Act directs the Commission to
incorporate into its rules by reference and make mandatory a
technical standard developed by an industry standard-setting body
that is designed to prevent television commercial advertisements
from being transmitted at louder volumes than the program material
they accompany. Specifically, the CALM Act requires the Commission
to incorporate by reference the Advanced Television Systems
Committee ("ATSC") A/85 Recommended Practice ("ATSC A/85 RP") and
make it mandatory "insofar as such recommended practice concerns
the transmission of commercial advertisements by a television
broadcast station, cable operator, or other multichannel video
programming distributor." As mandated by the statute, the rules
will apply to TV broadcasters, cable operators and other
multichannel video programming distributors ("MVPDs").
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.