This Friday (October 12) is the deadline for requesting a waiver under the FCC’s Commercial Advertisement Loudness Mitigation (“CALM”) Act implementing procedures, intended to combat "loud commercials." We wrote about the implementing rules and the obligations of television stations to come into compliance with the standards set out in the rules, adopting a protocol that seeks to maintain consistency between commercials and surrounding programs, here. The Commission’s order allowed for waiver requests by stations that would have a financial hardship in complying – with such waivers being due 60 days before the compliance deadline. As that deadline for compliance is December 13, the waiver requests are due on Friday.
All such waiver requests must be submitted through the FCC’s Electronic Comment Filing System. Waiver applicants must demonstrate that purchasing the required equipment would result in “financial hardship.” Such waivers, if granted, will be valid for one year and may be renewed for one additional year. The FCC also retains the authority to issue a waiver for good cause. “Small stations” are eligible for a streamlined waiver process for demonstrating financial hardship.