1. Short title This Act may be cited as the Commercial Advertisement Loudness Mitigation Modernization Act of 2023 or the CALM Modernization Act of 2023 . 2. Modernization of the CALM act and rulemaking on loud commercials on streaming video (a) Amendments The CALM Act ( Public Law 111–311 ; 124 Stat. 3294) is amended— (1) in section 2 ( 47 U.S.C. 621 )— (A) by striking Federal Communications Commission each place the term appears and inserting Commission ; (B) by striking subsection (c) and inserting the following: (c) Compliance (1) Rebuttable presumption There is a rebuttable presumption that any television broadcast station, cable operator, or other multichannel video programming distributor that installs, uses, and maintains in a commercially reasonable manner the equipment and associated software in compliance with the regulations issued by the Commission in accordance with subsection (a) is in compliance with those regulations. (2) Factors to determine rebuttal In determining whether the presumption of compliance under paragraph (1) has been rebutted with respect to a television broadcast station, cable operator, or other multichannel video programming distributor, the Commission shall consider the following: (A) The number of complaints regarding loud commercials the Commission has received with respect to that station, operator, or other distributor. (B) Substantive patterns or trends from complaints on loud commercials the Commission has received. (C) Data and conclusions in any report issued by a Federal agency (including the Government Accountability Office) regarding the effectiveness of this Act in moderating the loudness of commercials in comparison with accompanying video programming. (D) Any other factor established by the Commission by regulation. ; and (C) in subsection (d)— (i) by redesignating paragraph (1) as paragraph (3) and moving it to appear after paragraph (2); (ii) in paragraph (3), as so redesignated, by striking ; and at the end and inserting a period