Arbitron Spurns FCC, Courts Industry

Amid a continuing inquiry by the Federal Communications Commission and concurrent hearings by Congress, Arbitron has filed a comment stating that the FCC does not have the authority to regulate ratings produced by Arbitron's Portable People Meter, a passive electronic measurement device. At the same time, hoping to placate industry critics, Arbitron launched a new ad campaign in the trade press with the tagline "We Hear You," targeting radio broadcasters. In its filing with the FCC, Arbitron bluntly asserted that the agency has "absolutely no authority to impose regulations upon Arbitron's exciting new technology" for radio ratings. In support of this assertion, Arbitron noted that Congress has chosen not to involve itself in the technical aspects of media ratings, and has therefore declined to give the FCC jurisdiction over these issues. Furthermore, the FCC has failed in past attempts to assert regulatory authority over areas not specifically marked out as its jurisdiction in the Communications Act, with courts rejecting them as legal overreaches.