Use your indoor voices, advertisers.

Annoyed at the increased volume of commercials on television? No worries, there may soon be a law.

The Commercial Advertisement Loudness Mitigation (CALM) Act was approved by the House of Representatives on December 16, 2009 and has been referred to committee in the Senate. The legislation seeks to:

Direct the Federal Communications Commission (FCC) to prescribe a regulation prohibiting advertisements accompanying video programming from: (1) being excessively noisy or strident; (2) having modulation levels substantially higher than the accompanying program; and (3) having an average maximum loudness substantially higher than that of the accompanying program.

Sure, clever advertisers adjust television volume to gain consumer attention. Yet despite a clear annoyance that varying volume brings television watchers, is there really a need for government intervention? I am doubtful for there appears to be lack of market failures to justify response.

In fact many private innovations and actions have been taken to remedy the problem. Major televisions networks have began issuing policies to control commercial volume. Additionally, Dolby has developed a technology to smooth out volume on their television sets. Instead of encouraging further innovations like these, regulation may actually halt private efforts. In a Wall Street Journal article, David Donovan, president of the Association for Maximum Service Television, warned that the bill could

slow TV stations’ voluntary efforts to control commercial volumes because any FCC proceeding would generate debate and uncertainty.

So while policymakers race to standardize commercial volume, private companies are already making efforts to smooth out volume variances. The time, money, and effort being spent by Congress for universal volume control could be better utilized. Hopefully, Congress will be muted before it drowns out private innovation.

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