HF 2260 (LSB 5203YH (3) 91)

HOUSE FILE 2260

BY  CROKEN, MADISON, KURTH, and AMOS JR.

A BILL FOR

An Act relating to the audio volume level of commercial advertisements provided by a video streaming service, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 474.1, subsection 4, Code 2026, is amended to read as follows:
   4.  As used in this chapter and chapters 475A, 476, 476A, 477A, 477B, 477C, 478, 479, 479A, and 479B, “commission” and “utilities commission” mean the Iowa utilities commission.
    Sec. 2.  NEW SECTION.  477B.1  Video streaming services —— audio volume level of commercials.
   1.  Definitions. As used in this section, unless the context otherwise requires:
   a.  “Commercial advertisement” means any paid message or promotional content for a product, service, or brand transmitted during a video streaming service in connection with video programming or video content.
   b.  “Consumer-generated media” means content, including video, audio, and multimedia, created and made available by consumers to internet sites or services on the internet.
   c.  “Video programming” means programming by, or generally considered comparable to programming provided by, a television broadcast station. “Video programming” does not include consumer-generated media.
   d.  (1)  “Video streaming service” means an entity that makes available directly to the consumer, through a distribution method that uses internet protocol, any of the following:
   (a)  Video programming.
   (b)  Video content.
   (2)  “Video streaming service” does not include a television broadcast station, cable operator, or other multichannel video programming distributor, or an entity that provides video programming or video content without commercial advertisements.
   2.  Advertisement volume level. On and after July 1, 2026, a video streaming service that serves a consumer residing in this state shall not transmit to the consumer a commercial advertisement at a higher average audio volume level than the average audio volume level of the video programming or video content the advertisement accompanies.
   3.  Federal compliance. Subsection 2 shall be enforced consistent with federal communications commission regulations under the federal Commercial Advertisement Loudness Mitigation Act, Pub. L. No. 111-311.
   4.  Enforcement —— penalties. 
   a.  If the commission has reasonable belief that a video streaming service is in violation of subsection 2, the commission shall have the sole authority to bring a civil action to provide for all of the following:
   (1)  Enjoin further violations by the video streaming service.
   (2)  Enforce compliance with this chapter.
   (3)  Seek civil penalties in an amount of not more than five hundred dollars for each violation of this section. For purposes of this subsection, each day a violation of subsection 2 occurs shall be a separate violation.
   b.  If the commission notifies a video streaming service of complaints in violation of this section, the video streaming service may demonstrate compliance by doing any of the following:
   (1)  Providing evidence of actual compliance with this section.
   (2)  Providing evidence of ongoing compliance with the most recently published recommended practices provided by the advanced television systems committee.
   5.  Private right of action. This section shall not be construed to create a private right of action.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the audio volume level of commercial advertisements provided by a video streaming service.
   Under the bill, on and after July 1, 2026, a video streaming service that serves a consumer residing in Iowa shall not transmit to such consumer a commercial advertisement with a higher average audio volume level that is louder than the average audio volume level of the video programming or video content that the commercial advertisement accompanies.
   The bill defines “video streaming service” as an entity that makes available directly to a consumer, through a distribution method using internet protocol, video programming or video content. “Video streaming service” does not include a television broadcast station, cable operator, or other multichannel video programming distributor, or an entity that provides commercial-free video programming or video content. “Video programming” is defined in the bill, and does not include “consumer-generated media”, as that term is defined in the bill.
   The bill shall be enforced consistent with federal communications commission regulations regarding the federal Commercial Advertisement Loudness Mitigation Act.
   If the utilities commission (commission) has reasonable belief that a video streaming service violated or is violating the bill, the commission may bring civil action to enjoin further violations, enforce compliance with the bill, and seek civil penalties in an amount of not more than $500 for each violation. Each day that a video streaming service is in violation of the bill is a separate violation.
   When the commission notifies a video streaming service of complaints in violation of the bill, the video streaming service may show compliance by demonstrating actual compliance with the bill, or by showing ongoing compliance with the most recently published recommended practices provided by the advanced television systems committee.
   The bill shall not be construed to create a private right of action.