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A11351 Summary:

BILL NOA11351
 
SAME ASNo Same As
 
SPONSORRules (Fall)
 
COSPNSR
 
MLTSPNSR
 
Add §392-m, Gen Bus L
 
Enacts the "CALM act" relating to prohibiting a person, firm, partnership, association or corporation providing a video streaming service that operates in the state of New York from transmitting the audio of commercial advertisements louder than the video content the advertisements accompany; provides penalties for violations.
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A11351 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11351
 
                   IN ASSEMBLY
 
                                      May 13, 2026
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Fall) --
          read once and referred  to  the  Committee  on  Consumer  Affairs  and
          Protection
 
        AN  ACT  to  amend the general business law, in relation to enacting the
          "CALM act" relating to commercial advertisement volume
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "CALM act".
     3    § 2. The general business law is amended by adding a new section 392-m
     4  to read as follows:
     5    § 392-m. Commercial advertisement volume. 1. For the purposes of  this
     6  section, the following terms shall have the following meanings:
     7    (a)  "Video  programming"  shall  have  the same meaning as defined in
     8  Section 613(h) of Title 47 of the United States Code.
     9    (b) (i) "Video streaming service" shall  mean  an  entity  that  makes
    10  available  directly  to the consumer, through a distribution method that
    11  uses internet protocol, either of the following:
    12    (1) video programming; or
    13    (2) video content such entity makes available for users to view.
    14    (ii) "Video streaming service" shall not include a  television  broad-
    15  cast  station,  cable  operator, or other multichannel video programming
    16  distributor, or an entity  that  services  video  programming  or  video
    17  content without commercial advertisements.
    18    2.  No person, firm, partnership, association or corporation providing
    19  a video streaming service that operates in this state shall transmit the
    20  audio of commercial advertisements louder than  the  video  content  the
    21  advertisements accompany, consistent with the regulations adopted by the
    22  federal  communications commission pursuant to the commercial advertise-
    23  ment loudness mitigation act for television  broadcast  stations,  cable
    24  operators, and other multichannel video programming distributors.
    25    3.  Any  person,  firm,  partnership,  association or corporation that
    26  violates the provisions of this section shall  be  subject  to  a  civil
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15869-01-6

        A. 11351                            2
 
     1  penalty of up to two hundred fifty dollars for a first offense and up to
     2  five hundred dollars for any subsequent offense.
     3    §  3.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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