Advocates Urge FCC to Apply CALM Act to Streaming, Citing Disability Concerns

WASHINGTON, April 29, 2025 - Major broadcast and streaming industry groups are pushing back against efforts to apply federal TV loudness regulations to streaming services, arguing the Federal Communications Commission lacks the legal authority to do so. 

In recent filings, the National Association of Broadcasters, NCTA – The Internet & Television Association, and the Streaming Innovation Alliance said the CALM Act of 2010 did not extend to services like YouTube TV, Hulu + Live TV, or Paramount+.

The CALM Act — formally known as the Commercial Advertisement Loudness Mitigation Act — requires television providers to maintain consistent audio levels between programming and commercials. Industry groups argue the law was written specifically for traditional broadcast and cable, not internet-based services.

But the American Economic Liberties Project, a progressive think tank, urged the FCC to invoke another statute — the Twenty-First Century Communications and Video Accessibility Act — to justify broader enforcement. In a filing, the group said excessively loud commercials on streaming platforms pose accessibility issues for people with disabilities.

“Given consumer complaints of audio quality degradation on streaming platforms disproportionately affecting individuals with disabilities, the FCC should use its authority to require such platforms to comply with the CALM Act’s industry-wide audio standards,” the group wrote.

If the agency does issue waivers, the group added, it should evaluate whether streaming platforms produce their own content. “To the extent that structural separation between distribution and content production creates the incentives for better quality audio for consumers, we also encourage the FCC to condition any waiver of its rules” accordingly, the group said.

The FCC has not yet indicated whether it will act on the recommendation.