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“For decades, viewers have been inconvenienced by the wildly fluctuating volumes played during the commercials of their favorite television programs,” said Congressman Mike Thompson (D – St. Helena). “The CALM Act is a long overdue fix to this problem faced by millions of television watchers. I am proud to have been the first coauthor of Congresswoman Anna Eshoo’s legislation, which has now been signed into law.”
This new law will require the Federal Communications Commission (FCC) to limit the volume of audio on commercials transmitted by television broadcast stations, cable operators, and other multichannel video programming distributors.
The FCC must begin enforcing these new rules within one year.
“With the President signing the CALM Act into law, the top consumer complaint to the Federal Communications Commission for over a half century is now addressed,” said Congresswoman Anna Eshoo (D – Menlo Park). “Consumers will no longer need to dive for the ‘mute’ button during commercial breaks. This would not have been possible without Congressman Mike Thompson’s critical support. He was the first Member of Congress to become an original cosponsor of the legislation. This is a commonsense solution to a national nuisance and without Congressman Mike Thompson it simply would not have been possible.”
S. 2847, the CALM Act passed the United States Senate unanimously on Sept. 29, 2010 and passed the United States House of Representatives by a voice vote on Dec. 2, 2010.
The original House companion of the bill, H.R. 1084, was authored by Congresswoman Eshoo, and cosponsored by Congressman Thompson, on Feb. 13, 2009.
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“This report allows donors to make informed choices in their charitable giving,” Brown said. “Some commercial fundraisers are effective at generating millions for worthwhile charities but many others divert the majority of the donations to overhead.”
Among numerous other tables, the annual report contains an alphabetical list of charities that hired commercial fundraisers in 2009 – along with the total revenue raised in those campaigns and the dollar amount and percentage of total funds raised that went to the charity.
Commercial fundraisers, who are hired by charities to raise money on their behalf, typically charge a flat fee for their services or a percentage of the contributions they collect.
By law, commercial fundraisers must register with the Attorney General's Office prior to fundraising in California and must file annual financial disclosure reports detailing income and expenses for each fundraising campaign.
According to reports filed with Brown's office, commercial fundraisers collected $391.5 million in donations in 2009. This figure excludes thrift store operations and vehicle donation programs, which are accounted for in a supplemental report.
On average, $166.8 million – or 42.61 percent of the funds raised – went to the charities. The remainder was retained by the commercial fundraisers as payment of fees and expenses.
Brown's office also publishes the Guide to Charitable Giving for Donors that provides advice, guidelines and information to help donors make informed decisions about giving. The Guide suggests that donors:
1. Ask the solicitor how a donation will be distributed.
2. Ask what percentage of donations will be used to pay for fundraising expenses.
3. Ask if the solicitor works for a commercial fundraiser and is being paid to solicit.
4. Avoid cash donations.
5. Avoid giving credit card information to a telephone solicitor or in response to a telephone solicitation.
6. Learn about a charitable organization, its activities and its fundraising practices before giving. Donors can Brown's office maintains a searchable online database on registered charities at http://rct.doj.ca.gov/MyLicenseVerification/Search.aspx?facility=Y, and on registered commercial fundraisers at http://cfr.doj.ca.gov/. Donors can also check the Web sites of the Wise Giving Alliance at http://www.bbb.org/us/charity/ and the American Institute of Philanthropy at http://www.charitywatch.org .
The guide is available online at http://ag.ca.gov/charities/publications.php#cfrReports .
The Attorney General's annual report on commercial fundraisers, currently in its 18th year of publication, can be found at http://ag.ca.gov/publications/.
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