Read the full stored bill text
House
File
2260
-
Introduced
HOUSE
FILE
2260
BY
CROKEN
,
MADISON
,
KURTH
,
and
AMOS
JR.
A
BILL
FOR
An
Act
relating
to
the
audio
volume
level
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
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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.
NEW
SECTION
.
477B.1
Video
streaming
services
——
6
audio
volume
level
of
commercials.
7
1.
Definitions.
As
used
in
this
section,
unless
the
context
8
otherwise
requires:
9
a.
“Commercial
advertisement”
means
any
paid
message
10
or
promotional
content
for
a
product,
service,
or
brand
11
transmitted
during
a
video
streaming
service
in
connection
with
12
video
programming
or
video
content.
13
b.
“Consumer-generated
media”
means
content,
including
14
video,
audio,
and
multimedia,
created
and
made
available
by
15
consumers
to
internet
sites
or
services
on
the
internet.
16
c.
“Video
programming”
means
programming
by,
or
generally
17
considered
comparable
to
programming
provided
by,
a
television
18
broadcast
station.
“Video
programming”
does
not
include
19
consumer-generated
media.
20
d.
(1)
“Video
streaming
service”
means
an
entity
that
makes
21
available
directly
to
the
consumer,
through
a
distribution
22
method
that
uses
internet
protocol,
any
of
the
following:
23
(a)
Video
programming.
24
(b)
Video
content.
25
(2)
“Video
streaming
service”
does
not
include
a
television
26
broadcast
station,
cable
operator,
or
other
multichannel
video
27
programming
distributor,
or
an
entity
that
provides
video
28
programming
or
video
content
without
commercial
advertisements.
29
2.
Advertisement
volume
level.
On
and
after
July
1,
2026,
30
a
video
streaming
service
that
serves
a
consumer
residing
in
31
this
state
shall
not
transmit
to
the
consumer
a
commercial
32
advertisement
at
a
higher
average
audio
volume
level
than
the
33
average
audio
volume
level
of
the
video
programming
or
video
34
content
the
advertisement
accompanies.
35
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3.
Federal
compliance.
Subsection
2
shall
be
enforced
1
consistent
with
federal
communications
commission
regulations
2
under
the
federal
Commercial
Advertisement
Loudness
Mitigation
3
Act,
Pub.
L.
No.
111-311.
4
4.
Enforcement
——
penalties.
5
a.
If
the
commission
has
reasonable
belief
that
a
video
6
streaming
service
is
in
violation
of
subsection
2,
the
7
commission
shall
have
the
sole
authority
to
bring
a
civil
8
action
to
provide
for
all
of
the
following:
9
(1)
Enjoin
further
violations
by
the
video
streaming
10
service.
11
(2)
Enforce
compliance
with
this
chapter.
12
(3)
Seek
civil
penalties
in
an
amount
of
not
more
than
13
five
hundred
dollars
for
each
violation
of
this
section.
For
14
purposes
of
this
subsection,
each
day
a
violation
of
subsection
15
2
occurs
shall
be
a
separate
violation.
16
b.
If
the
commission
notifies
a
video
streaming
service
of
17
complaints
in
violation
of
this
section,
the
video
streaming
18
service
may
demonstrate
compliance
by
doing
any
of
the
19
following:
20
(1)
Providing
evidence
of
actual
compliance
with
this
21
section.
22
(2)
Providing
evidence
of
ongoing
compliance
with
the
23
most
recently
published
recommended
practices
provided
by
the
24
advanced
television
systems
committee.
25
5.
Private
right
of
action.
This
section
shall
not
be
26
construed
to
create
a
private
right
of
action.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
the
audio
volume
level
of
commercial
31
advertisements
provided
by
a
video
streaming
service.
32
Under
the
bill,
on
and
after
July
1,
2026,
a
video
streaming
33
service
that
serves
a
consumer
residing
in
Iowa
shall
not
34
transmit
to
such
consumer
a
commercial
advertisement
with
a
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higher
average
audio
volume
level
that
is
louder
than
the
1
average
audio
volume
level
of
the
video
programming
or
video
2
content
that
the
commercial
advertisement
accompanies.
3
The
bill
defines
“video
streaming
service”
as
an
entity
4
that
makes
available
directly
to
a
consumer,
through
a
5
distribution
method
using
internet
protocol,
video
programming
6
or
video
content.
“Video
streaming
service”
does
not
include
7
a
television
broadcast
station,
cable
operator,
or
other
8
multichannel
video
programming
distributor,
or
an
entity
that
9
provides
commercial-free
video
programming
or
video
content.
10
“Video
programming”
is
defined
in
the
bill,
and
does
not
11
include
“consumer-generated
media”,
as
that
term
is
defined
in
12
the
bill.
13
The
bill
shall
be
enforced
consistent
with
federal
14
communications
commission
regulations
regarding
the
federal
15
Commercial
Advertisement
Loudness
Mitigation
Act.
16
If
the
utilities
commission
(commission)
has
reasonable
17
belief
that
a
video
streaming
service
violated
or
is
violating
18
the
bill,
the
commission
may
bring
civil
action
to
enjoin
19
further
violations,
enforce
compliance
with
the
bill,
and
seek
20
civil
penalties
in
an
amount
of
not
more
than
$500
for
each
21
violation.
Each
day
that
a
video
streaming
service
is
in
22
violation
of
the
bill
is
a
separate
violation.
23
When
the
commission
notifies
a
video
streaming
service
24
of
complaints
in
violation
of
the
bill,
the
video
streaming
25
service
may
show
compliance
by
demonstrating
actual
compliance
26
with
the
bill,
or
by
showing
ongoing
compliance
with
the
most
27
recently
published
recommended
practices
provided
by
the
28
advanced
television
systems
committee.
29
The
bill
shall
not
be
construed
to
create
a
private
right
of
30
action.
31
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