Read the full stored bill text
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
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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
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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
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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
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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.
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