CRTC Releases New Rules Controlling Loudness of Commercials

"Starting on September 1, Canadians will be able to enjoy their favourite television programs without having to adjust the volume during commercial breaks," said Jean-Pierre Blais, Chairman of the CRTC. "We appreciate the efforts undertaken by the broadcasting industry to conform to the new standard and ensure that programs and commercials are transmitted at a similar volume."

Broadcasters and television service providers must adhere to an objective international standard for measuring and controlling television signals. It is important to note, however, that loudness is a perception that is dependent on a number of factors, including the nature and content of the audio material.  Some frequencies are perceived to be soothing, while others are more irritating to the human ear. As a result, a commercial can be broadcast at a similar volume, or audio level, as the program that preceded it, but perceived to be of different loudness.

The international standard only applies to digital television services and not to analog services. Viewers who are unsure if they subscribe to analog or digital television services should contact their cable company. Furthermore, the United States will adopt the same international standard by the end of the year.  Until then, viewers watching the over-the-air signals of American television stations may be exposed to excessively loud ads.

 The Commission’s regulations require that television  broadcasters ensure that every commercial message that is broadcast complies with the technical requirements set out in atsc recommended practice a/85 (the recommended practice).  accordingly, broadcasters are required to ensure that the loudness of all programming, including described video  matches the audio metadata or the loudness target value for content on the channel.

Television service providers, such as cable, IPTV and satellite direct-to-home broadcasting distribution undertakings, must ensure the pass-through of accurate audio metadata and that the loudness of content on Canadian programming services is unaltered in its distribution. If a television service provider alters the audio content or format of a programming service (e.g., audio encoding format, number of audio channels), it is required to ensure that every commercial message complies with the technical requirements of the Recommended Practice.

Television service providers are also required to ensure that the loudness of programming from non-Canadian services and on their own community channels is compliant with the technical requirements of the Recommended Practice.

The broadcasting industry will be considered to be compliant with the Commission’s requirements if it can demonstrate that it has taken the following actions:

• For all sources of content (e.g., file-based, live), broadcasters must:
  
  • properly install, maintain, operate and periodically test equipment that implements the Recommended Practice and provide training for their technicians and engineers regarding its use;
  • acquire programming that is compliant with the Recommended Practice as set out in paragraph 3 above; or
  • o a combination of the above.
• Television service providers must:
  
  • in the case of unaltered signals, properly install, maintain, operate and periodically test equipment that ensures the pass-through of unaltered audio and accurate audio metadata and provide training for its technicians and engineers regarding its use; and
  • in the case of altered audio content or format or for non-Canadian programming services, undertake the actions described above for broadcasters.

In order to confirm compliance, the Commission directs broadcasters and television service providers to submit a compliance report by no later than 15 October 2024 demonstrating compliance by confirming that the applicable steps set out above have been undertaken. These compliance reports, which may be published on the Commission’s website, should include:

• a description of the measures adopted to ensure consistent loudness between regular programming and commercials, including any contractual measures with other elements of the supply and distribution chains;
• a description of the steps that have been undertaken to coordinate its approach to controlling the loudness of commercial messages with other elements of the supply and distribution chains;
• the name and type of equipment installed and a description of its function and location relative to other elements of the supply and distribution chains;
• information related to maintenance and monitoring procedures, as well as the steps taken to ensure adequate employee training; and
• information related to the audio formats and encoding received from and provided to other elements of the distribution chain.

The Commission encourages broadcasters and television service providers to inform their viewers and subscribers of the steps they have taken to control the loudness of commercials.

While the Recommended Practice ensures the normalization of loudness of commercial messages and regular programming, it does not ensure normalization of loudness between channels.  Further, as the Recommended Practice relates to digital television, it is not applicable to analog transmission systems. 

Pursuant to Part 2 of the Commission’s Rules of Procedure, a complaint regarding the loudness of a commercial message will be forwarded to the broadcaster and the television service provider (if applicable) within 15 calendar days of the date it is received by the Commission. The broadcaster and television service provider will be expected to file a response with the Commission, serving a copy on the complainant, within 20 calendar days of the date on which they receive a copy of the complaint. Failure by the industry to respond to the complaint will result in the party being considered non-compliant with the loudness regulations.

As commercial messages can be inserted either by broadcasters or television service providers and given that the Recommended Practice provides more than one approach to control loudness, responses should indicate which party is responsible for insertion and/or control. Further, responses should confirm details of any coordination that has been undertaken by both broadcasters and television service providers. The complainant may file a reply with the Commission to the industry’s response, serving a copy on the respondent(s), within 10 calendar days of the date on which the response is filed with the Commission.

19.  Commission staff will review the industry’s response(s) and the complainant’s reply, if applicable. If Commission staff considers that the industry’s practice complies with the loudness policy, it will close the complaint and notify the complainant no later than 15 calendar days from the date of receiving the industry’s response.

Commission staff may further examine a matter by requesting specific information related to a particular incident in the following cases:

• unsatisfactory or lack of response to a request for information from the Commission, such as the report outlined in paragraph 8;
• unsatisfactory or lack of industry response to complaints; and/or
• a pattern of complaints.

Specific information requests may include a request for recordings of programming and commercial messages, proof of coordination with other elements of the supply and distribution chain, results of tests and monitoring or other information as deemed appropriate.

If Commission staff considers that a party is non-compliant with the requirements regarding the loudness of commercial messages, the Commission’s Compliance and Enforcement sector may investigate and/or take further action. Such measures include:

• publishing complaint information, responses and/or findings of non-compliance;
• imposing regular reporting requirements, which would include reasons for non-compliance and steps to be undertaken in order to become compliant;
• requesting a compliance meeting with the broadcaster and/or television service provider to discuss the issue in more detail;
• addressing repeated non-compliance at licence renewal;
• issuing a notice of consultation;[5]
• initiating a hearing[6] at which the broadcaster or television service provider would have to show cause as to why the Commission should not issue a mandatory order, which would direct the party to take corrective measures under section 12(2) of the Broadcasting Actand which the Commission could register with the Federal Court; and/or
• other measures as deemed appropriate.