SF 2294 (LSB 5204SV (2) 91)

SENATE FILE 2294

BY  COMMITTEE ON TECHNOLOGY

(SUCCESSOR TO SSB 3012)

A BILL FOR

An Act relating to the audio volume 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.  Section 476.95, subsection 3, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  h.  Any authority of the commission over the audio volume of commercials provided by video streaming services pursuant to chapter 477B.
    Sec. 3.  NEW SECTION.  477B.1  Video streaming services —— audio volume of commercials.
   1.  Definitions. As used in this section, unless the context otherwise requires:
   a.  “Consumer-generated media” means content, including video, audio, and multimedia, created and made available by consumers to internet sites or services on the internet.
   b.  “Multichannel video programming distributor” does not include an entity that distributes video programming or video content using internet protocol.
   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. On and after July 1, 2026, a video streaming service shall not transmit to a consumer within this state a commercial advertisement at an audio volume louder than the audio volume of the video programming or video content the advertisement accompanies.
   3.  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 enforce this chapter, including 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 standards adopted by the commission.
   4.  Private right of action. This section shall not be construed to create a private right of action.
   5.  Commission powers and duties.
   a.  Video streaming services subject to this chapter are subject to complaints and investigations by the commission.
   b.  Video streaming services shall be subject to such rules as the commission may prescribe in order to carry out its authority under this chapter.
   c.  In order to carry out the duties imposed by this section, the commission may, at its discretion, allocate and charge directly the expenses attributable to its duties to the persons or entities subject to proceedings carried out in accordance with this section.
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 of commercial advertisements provided by a video streaming service.
   Under the bill, on and after July 1, 2026, a video streaming service is prohibited from transmitting to a consumer in Iowa a commercial advertisement with an audio volume that is louder than the audio volume 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.
   If the utilities commission (commission) has reasonable belief that a video streaming service violated or is violating the bill, the commission may enforce the bill by enjoining further violations, enforcing compliance with the bill, and seeking 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 standards adopted by the commission.
   The bill shall not be construed to create a private right of action.
   The bill provides that streaming services subject to the bill are subject to complaints and investigations by the commission and rules adopted by the commission. The bill authorizes the commission to allocate and charge directly the expenses attributable to proceedings carried out under the bill.