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Some Commissioners Eye Inquiry on Arbitron PPMs

Some FCC members are considering if the agency should start an inquiry on Arbitron’s portable devices that measure radio audiences, agency officials told us. At Wednesday’s monthly meeting, Commissioner Jonathan Adelstein said the regulator will soon start an inquiry on the Portable People Meters. No inquiry has started, though some FCC members are considering whether to begin one, and their colleagues may do so once more details are fleshed out, agency officials said.

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A coalition of advocacy groups and 10 companies serving minority audiences last year sought an FCC inquiry under section 403 of the Communications Act (CD Sept 4 p12). Arbitron and others have said such an inquiry would go beyond the commission’s congressional authority because the FCC doesn’t have purview over the company. Wednesday, a company spokesman said Arbitron continues “long-standing discussions” with customers who are members of the National Association of Black Owned Broadcasters and the Spanish Radio Association. Those are among the groups that sought an FCC inquiry. Arbitron has made “significant enhancements” to PPM systems and continues “asking for specific ideas” for further tweaks, he added. He declined to comment on whether the commission has authority to start the type of inquiry Adelstein now seeks, under section 303 of the Act.

The proposal that commissioners may consider from Adelstein is for a notice of inquiry framing people meters as a broadcast issue because radio stations encode signals so PPMs can measure listenership, said an agency official. The NAB declined to comment on whether the agency should start an inquiry on the encoded signals, said a spokesman.

“We have clear authority over all signals transmitted by broadcasters,” Adelstein said in prepared comments. “Because encoded broadcast signals are required for the PPM to operate and the measurements are currency throughout the broadcasting industry, we have legitimate questions about whether to allow unaccredited systems to be used over the public airwaves.” Arbitron “is actively pursuing accreditation for all PPM markets” from the Media Research Council, its spokesman said.

Acting FCC Chairman Michael Copps is “concerned” about PPMs, he told reporters. “We've been looking closely at this problem” and speaking with various parties, he added. “We are discussing” Adelstein’s request for an inquiry, Copps said, adding “it’s an item that affects what we're talking about today” on improving minority broadcast ownership.