Senate File 2294 - Introduced SENATE FILE 2294 BY COMMITTEE ON TECHNOLOGY (SUCCESSOR TO SSB 3012) A BILL FOR An Act relating to the audio volume of commercial 1 advertisements provided by a video streaming service, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5204SV (2) 91 sb/js

S.F. 2294 Section 1. Section 474.1, subsection 4, Code 2026, is 1 amended to read as follows: 2 4. As used in this chapter and chapters 475A , 476 , 476A , 3 477A, 477B, 477C , 478 , 479 , 479A , and 479B , “commission” and 4 “utilities commission” mean the Iowa utilities commission. 5 Sec. 2. Section 476.95, subsection 3, Code 2026, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . h. Any authority of the commission over 8 the audio volume of commercials provided by video streaming 9 services pursuant to chapter 477B. 10 Sec. 3. NEW SECTION . 477B.1 Video streaming services —— 11 audio volume of commercials. 12 1. Definitions. As used in this section, unless the context 13 otherwise requires: 14 a. “Consumer-generated media” means content, including 15 video, audio, and multimedia, created and made available by 16 consumers to internet sites or services on the internet. 17 b. “Multichannel video programming distributor” does not 18 include an entity that distributes video programming or video 19 content using internet protocol. 20 c. “Video programming” means programming by, or generally 21 considered comparable to programming provided by, a television 22 broadcast station. “Video programming” does not include 23 consumer-generated media. 24 d. (1) “Video streaming service” means an entity that makes 25 available directly to the consumer, through a distribution 26 method that uses internet protocol, any of the following: 27 (a) Video programming. 28 (b) Video content. 29 (2) “Video streaming service” does not include a television 30 broadcast station, cable operator, or other multichannel video 31 programming distributor, or an entity that provides video 32 programming or video content without commercial advertisements. 33 2. Advertisement volume. On and after July 1, 2026, a video 34 streaming service shall not transmit to a consumer within this 35 -1- LSB 5204SV (2) 91 sb/js 1/ 4

S.F. 2294 state a commercial advertisement at an audio volume louder than 1 the audio volume of the video programming or video content the 2 advertisement accompanies. 3 3. Enforcement —— penalties. 4 a. If the commission has reasonable belief that a video 5 streaming service is in violation of subsection 2, the 6 commission shall have the sole authority to enforce this 7 chapter, including all of the following: 8 (1) Enjoin further violations by the video streaming 9 service. 10 (2) Enforce compliance with this chapter. 11 (3) Seek civil penalties in an amount of not more than 12 five hundred dollars for each violation of this section. For 13 purposes of this subsection, each day a violation of subsection 14 2 occurs shall be a separate violation. 15 b. If the commission notifies a video streaming service of 16 complaints in violation of this section, the video streaming 17 service may demonstrate compliance by doing any of the 18 following: 19 (1) Providing evidence of actual compliance with this 20 section. 21 (2) Providing evidence of ongoing compliance with the 22 standards adopted by the commission. 23 4. Private right of action. This section shall not be 24 construed to create a private right of action. 25 5. Commission powers and duties. 26 a. Video streaming services subject to this chapter are 27 subject to complaints and investigations by the commission. 28 b. Video streaming services shall be subject to such rules 29 as the commission may prescribe in order to carry out its 30 authority under this chapter. 31 c. In order to carry out the duties imposed by this section, 32 the commission may, at its discretion, allocate and charge 33 directly the expenses attributable to its duties to the persons 34 or entities subject to proceedings carried out in accordance 35 -2- LSB 5204SV (2) 91 sb/js 2/ 4

S.F. 2294 with this section. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to the audio volume of commercial 5 advertisements provided by a video streaming service. 6 Under the bill, on and after July 1, 2026, a video streaming 7 service is prohibited from transmitting to a consumer in Iowa a 8 commercial advertisement with an audio volume that is louder 9 than the audio volume of the video programming or video content 10 that the commercial advertisement accompanies. 11 The bill defines “video streaming service” as an entity 12 that makes available directly to a consumer, through a 13 distribution method using internet protocol, video programming 14 or video content. “Video streaming service” does not include 15 a television broadcast station, cable operator, or other 16 multichannel video programming distributor, or an entity that 17 provides commercial-free video programming or video content. 18 “Video programming” is defined in the bill, and does not 19 include “consumer-generated media”, as that term is defined in 20 the bill. 21 If the utilities commission (commission) has reasonable 22 belief that a video streaming service violated or is violating 23 the bill, the commission may enforce the bill by enjoining 24 further violations, enforcing compliance with the bill, and 25 seeking civil penalties in an amount of not more than $500 for 26 each violation. Each day that a video streaming service is in 27 violation of the bill is a separate violation. 28 When the commission notifies a video streaming service 29 of complaints in violation of the bill, the video streaming 30 service may show compliance by demonstrating actual compliance 31 with the bill, or by showing ongoing compliance with standards 32 adopted by the commission. 33 The bill shall not be construed to create a private right of 34 action. 35 -3- LSB 5204SV (2) 91 sb/js 3/ 4

S.F. 2294 The bill provides that streaming services subject to the 1 bill are subject to complaints and investigations by the 2 commission and rules adopted by the commission. The bill 3 authorizes the commission to allocate and charge directly the 4 expenses attributable to proceedings carried out under the 5 bill. 6 -4- LSB 5204SV (2) 91 sb/js 4/ 4