FCC: America’s New Speech Police
by Brian JenningsI find it incredible in America that a regulatory agency thinks it has jurisdiction to probe an independent business. Oh, but I forget about Chrysler, GM, and our banking system. Foolish me. What the Federal Communications Commission is doing is outlandish and smacks of tyranny in the making. We should brace ourselves because the implications for free speech in America are grave. Your right to hear what you want to hear when you want to hear it is something our government doesn’t give a damn about. The free marketplace of ideas is something that is evil to them.
The FCC has announced it will probe Arbitron’s new audience measurement system for radio stations – it’s called the Portable People Meter. Arbitron is an independent company and the FCC has no jurisdiction over it. But, acting FCC Commissioner Michael Copps and his fellow Democrat Jonathan Adelstein disagree. Adelstein has been quoted as stating the commission has “clear authority” over broadcast signals, and “legitimate questions” to ask about Arbitron’s system, which relies on these signals, and operates as a currency for the industry.
At the heart of the controversy is conservative talk radio. Arbitron’s new PPM measurement system is showing that conservative talk is even more popular in the nation’s largest markets than previous measurements have shown while minority targeted stations are less popular. But, the PPM doesn’t lie. This is a pager-like device that the listener wears. It registers whatever radio station is being heard in real time and encodes that information into a data base. It is the most accurate means of measuring true listening habits ever devised.
But minority stations are crying foul and we have a government that grabs its ankles in our politically-correct American culture. Like many polling companies, Arbitron chooses its respondents based on landline access and minorities are claiming many in their ranks only use cellphones and are thereby disadvantaged and not fully represented in sampling statistics. The PPM Coalition made up of Black and Hispanic broadcasters issued an “emergency request” that the FCC investigate. Arbitron counters stating the Coalition’s petition is “replete with misstatements of acts, unsupported speculation and overheated rhetoric.” And, Arbitron says a number of stations that target minority audiences have in fact increased their market rankings since introduction of the PPM.
We’ll see how this plays out, but there is no argument that government now sees itself as the arbiter of what we choose to hear. Government has truly become Big Brother in America. The FCC is out of bounds on this probe and we can only hope the court system will prevail in what will surely wind up as a key fight for free speech rights in America. Tommy Smothers once said, “The only valid censorship is the right of the people not to listen.” It would seem the Federal Censorship Commission disagrees.
Brian Jennings is a longtime national radio programmer and author of Censorship: The Threat to Silence Talk Radio.
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47 Comments
The Obama administration will use the alledged mismeasurement of listeners as another reason to attack conservative talk radio.
Joseph Goebbels would be proud.
I don't see where they have justified such a probe, although there is no question in my mind that the Obama Administration wants to silence, or at the very least marginalize conservative talk radio while propping up so-called local "minority radio." I am unable to see how this "probe" will justify doing so, but who knows. Wasn't it good old Timmy Robbins who said something about a "chill wind" blowing? I just keep saying to myself "keep over-reaching."
Arbitron is not in the broadcasting industry, they are in ratings measurement, which is probably why the OP believes that they are outside of the FCC's jurisdiction, especially if the measurement devices are passive.
"…are all confined to the purveyance of America's determined laws and ultimately, its citizen-voters."
What law has Arbitron violated? Do you think that the FCC would have launched an investigation if it had been found that minority targeting businesses has gained market share?
Someone ask Barry, Where's the birth certificate?"
FCC what a joke……..
"To which- there may a valid question over the appropriate governmental group to deal with the infraction. "
Okay, I think we may have found some common ground on this.
"The PPM Coalition made up of Black and Hispanic broadcasters issued an “emergency request” that the FCC investigate."
Do you still think that an investigation would have been launched if minority targeted businesses had seen an increase in market share?
The Fairness Doctrine comes in through the back door in bits & pieces like the Frankenstein's monster slowly built by the pieces of corpses of other men; however, will this monster rebel against his master? I also see this as a touchstone for a greater swelling in the Tea Party movement….
The Democrats can just try to put the genie back into the bottle, but it's going to be very painful for them.
Unfortunately, the left has learned nothing.
I'm sure Obama will be on teleprompter telling us how he doesn't want the federal government "to be in the broadcast business."
Just like he said this morning that he doesn't want "to be in the car business" after his hand-picked CEO and boardmembers, following his "strict guidelines", succeeded in driving General Motors $20 billion deeper into red ink and 70% government ownership.
Everything coming out of The One's mouth means the exact opposite of his stated intention. This guy is beginning to make Bill Clinton seem like Diogenes
IF this is a legitimate concern, the review will come and go and the american people will reap a benefit. IF it's not a legitimate concern and the FCC leadership is allowing personal political sensibilities or loyalty to a politician influence its actions then that leadership will make a fool of itself in the eyes of the public and the democrats will again wear the discredit they attempt to throw on others. Saul Alinsky tactics have a bad habit of alienating people even when the cause is just. Unfortunately, the democrats seemed to be enamored of them and stand to lose the war even if they win the battle.
Didn't know there was a way to Gerrymander the ratings. Guess they found one.
Welcome to the end of disent of Obama.
Is THE ONE ignorant of what's in the constitution? What part of Congress shall make no law abriding freedom of speech doesn't he understand?
Besides all of it.
I think this PPM system is interesting. On the one hand it is completely changing radio as we know it. On the other it is rather new and has not ironed out all the ways to figure out the demographics in various radio markets. In some areas like Chicago and Los Angeles Spanish stations are flourishing while the older 'white' stations are taking a nose dive.
The problem is the PPM system makes ratings a science that ends up killing a lot of good radio.
I don't see how this is a problem for the Right wing since Rush and his crowd are listened to a lot and have amazing ratings.
The FCC is in no way attempting to stop this. If anything they are attempting to keep as much diversity as possible on the air as opposed to keeping it all one sided – like Soviet Russia did. They don't want to replace Rush with a liberal voice or a Spanish station. They want to make sure the Spanish station is not taken off the air due to PPM glitches. Rush and right wing radio is going nowhere exvcept in markets where the ratings are down. Like Seattle.
So it is a two edged sword. Ratings and market realities are a fact. They are good until they affect the stations you like.
"Yes – if some other business complained."
Oh yes, they would see to it that it was investigated. Just like those Black Panthers were investigated for voter intimidation. They were brought up on charges, weren't they? What? The Obama Justice Department dropped the charges? Oh…
You should change your name to 'GllblDssdnt'…
And the award for "Most Unintentionally Funny Post of the Day" goes to…
No, really – thank you for that. Quite therapeutic…
Amen Syvny11
No, no maybe, they wouldn't have. You know it, quite trying to pretend otherwise.
If Arbitron has devised a better way to determine ratings, how have they violated any law? How would they have "misrepresented" their data? Correlation is not causality.
Give us some links to the data ModDem. You're sounding an awful lot like Al Gore and his consensus about global warming…. ops… it's not that any more…. it's "Climate Change" now. Or have i missed something all together and it's got a new name now?
if anything the PPM are tons more accurate than any diary used before PPM. There's no question about what they were listening to or watching. If they're using the same sample groups….ie… the few people that are supposed to make up the masses of people and form a semi-accurate picture of total viewers, than I fail to see how this technology is in any way inferior to the previously used dairy method.
Like I said in a pervious post…. I'll bet they come back and show these stations ratings are even worse than previously thought. Then who will they blame? Oh…. I'm sure it will become a racist thing and it's all whitie's fault then. Which is a typical liberal tactic. Instead of building a station that actually attracts viewers. I'm sure they can talk BO into a nice bailout package though… using your money and mine. Ug
If? Arbitron's new system is flawed, someone will fund a start up company and put Arbitron out of business, the free market will work better than heavy handed Government intervention. I would guess someone is already working on this while the Gov couches it political positions.
The key word is LAWS.
Not whims, or political correctness, or unconstitutional policy rulings by unaccountable, uncontrollable political appointees with an agenda.
And the fact, if true, of government licensing of a corporation does not give them 'carte blanche' to take it over.
If I get a car loan the bank doesn't get to take it out on the weekends.
Have you not heard that is a new kind of loan the GMC financing wing will put forth at the behest of the Obama admisistrtion.
The work week loan. They give you a government subsidized loan and you get to have the car Monday through Friday. The weekends it goes to volunteer for ACORN. Good deal Huh!
Wow…you are not a lawyer I hope. The only companies that owe their status to the US Government are government chartered companies such as Fannie and Freddie (remember those?). They require an act of Congress to be created.
Corporate law is STATE LAW. Each state has its own laws concerning business entities and their formation and continued existence. Some states are more beneficial to business than others with regard to litigation, taxes, etc.. That is why people incorporate in Delaware or more recently in Nevada.
You write with such authority, too bad that you are wrong thus making you the CONFUSION SPREADER and MORON of the Day.
Ratings, Ratings, Ratings
Ignorant Fools you listen to Alo Presidente Norte Americana feturing the Obamessiah
Not to worry the Barry loves us and he knows what’s best for us all he was a community organizer, and all. We must come into the hive, it’s for the best. I go to the DMV and wait in lines just to practice being a good citizen. Blessed be the Barry.
When will the FCC claim the right to regulate Internet usage and content because of control over the spectrum of communications bandwidth which is used for part of the network infrastructure? Same basic logic. Ditto for anything like cell phones, Blackberries, etc. Any electronic communication is now fair game for regulators? Will Google have to prove that targeted search ad delivery logic doesn't discriminate unfairly as "profiling"? Where does one draw the line? Does the fact that we talk through the air by audible voice sound waves rather than radio spectrum give the FCC the right to regulate anything we say to each other, and whether it is fair or not in their opinion? This Arbitron issue is a trial balloon, like an opening gambit to see how much resistance is generated to such bureaucratic tyranny. It's important to push back vigorously.
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Brian, there is skullduggary in the air, and this shakeup could be closer than we think. I surmise that several megacorps are precariously on the brink. Clear Channel & Citadel may be forced into bankruptcy. Then puff the magic one will be there with Chrysler style answers, break em up, pay next to nothing, and let the Fed backed banks promote minority interest. Rush, Glenn, Sean, Savage, etc., will mystically disappear. The one will hold a press conference. He doesn't want to be in the radio business, but it will be good for the great grandkids. The ruse worked once, why not again and again and again.
This is just another small step in the slow march to government control of, well, everything.
The left will not be happy until they control all media networks and resources. I repeat: The left will not be happy until they control all media networks and resources.
I think a company owes it's status to it's customers and no one else.
"But the FCC should be involved, at the least."
———-
This issue should be handled privately in the courts, not by government. The government has no say in what I do with a radio signal that I receive in my house, so why should it have anything to say about a radio signal received by the Arbitron device? If there's an industry issue, the industry needs to deal with it. I'm sick of the stupid government spending tax dollars on things that belong in the private sector. Obama and his gang are such idiots.
"But the FCC should be involved, at the least."
———-
This issue should be handled privately in the courts, not by government. The government has no say in what I do with a radio signal that I receive in my house, so why should it have anything to say about a radio signal received by the Arbitron device? If there's an industry issue, the industry needs to deal with it. I'm sick of the stupid government spending tax dollars on things that belong in the private sector. Obama and his gang are such idiots.
Citizen voters? Man, are you out of touch. You can't deny rights to our non-citizens. Indeed, I am going to advocate that all illegals of any kind be entitled to be citizens immediately. Then they can vote.
I will start with Gitmo detainees. They have rights too you know.
Oh, yes, and your college transcrpts and SAT scores. Hey, Barry wrote two books about himself and won't provide his grades???????????????
I can assure you that as a resident of San Diego, spanish speaking radio is not in any danger; in fact, we lose English speaking stations daily. Who can I call to complain. Wait, I can't as I am not considered a minority.
Hmmmm
Wait a min .. Dem…
First you say:
In some areas like Chicago and Los Angeles Spanish stations are flourishing while the older 'white' stations are taking a nose dive.
And then you say: If anything they are attempting to keep as much diversity as possible on the air as opposed to keeping it all one sided
Isn't that exactly the opposite of yoru first statement?
That's exactly what hte system is doing, right? Is it a perfect system yet? Nope, but Arbitron is tweaking and working on making sure it works right.. so why should the FCC get involved? This has nothing to do with FCC…
Regardless of the accuracy of the new system, there will always be someone crying foul. The old recording journals were a joke for tracking the listener, and the new system relies on technological equipment. I'm sure someone could find a way to manipulate the data it records, but what is the likely hood of many people doing this? The only reason the FCC is involved is that they want to make sure no one has their feelings hurt.
"The problem is the PPM system makes ratings a science that ends up killing a lot of good radio. "
This statement cuts to the heart of the issue here. You don't like the actual results of what people really want to listen to and therefore support the FCC's intervention.
post
The problem with this line of thinking is that you don't just hurt the "people", who voted on what they wanted to hear with their time and radio dials and now don't get to hear the programs they enjoy (assuming their shows are cancelled due to skewed ratings data), but also the radio stations, who don't get as much money from their advertisers (because of false lower ratings) and their advertisers who don't get to reach as many people with their commercials, and the people who work for the companies that provide the products or services advertised and so on down the line.
The problem with this line of thinking is that you don't just hurt the "people", who voted on what they wanted to hear with their time and radio dials and now don't get to hear the programs they enjoy (assuming their shows are cancelled due to skewed ratings data), but also the radio stations, who don't get as much money from their advertisers (because of false lower ratings) and their advertisers who don't get to reach as many people with their commercials, and the people who work for the companies that provide the products or services advertised and so on down the line.
"The FCC is in no way attempting to stop this. If anything they are attempting to keep as much diversity as possible on the air as opposed to keeping it all one sided – like Soviet Russia did."
The FCC has no jurisdiction over a ratings company, they shouldn't be involved at all. And do you see the irony in advocating government intervention in radio, and then bashing Soviet radio which was completely controlled by the government?
No one in the story implied that data was being misrepresented. The PPM Coalition is complaining that to become an Aribtron listener, you need to have a land-based telephone and, since so few minorities have land-based telephones (what?), they are unfairly underrepresented in the Arbitron audience.
I hope you're right and the investigation reveals Arbitron's counter-arguments disprove the PPM Coalition's complaint. But most likely the FCC will refuse to let facts get in the way of its preconceived opinions and Arbitron will be forced to alter its information gathering to prevent such disparity in ratings gathering ever again – maybe even in such a way as to give an advantage to those underrepresented folks to make up for being overlooked before.
Like GM, like the banks, Arbitron is run by people who have been doing this for a long time and know what they're doing. Unlike the first mentioned industries, Arbitron isn't crashing and burning as a result of crazy-ass government regulations set up to insure its demise. Obama's FCC is about to rectify that situation.
The FCC will assert any jurisdiction that it can get away with. I mean, who can stop them? The communications acts effectively give the FCC lawmaking power, so it can do whatever it wants unless Congress says otherwise.
Well according to Eric Holder it seems that you can be brought up on charges for supposed war crimes. What will we charge PEBO when he stands around and does nothing when North Korea and Iran kill a lot of people in the next 3 years?? He will do what Carter and Clinton did, nothing, and mouth words no one outside of the US will take seriously.
Some people seem to be convinced that Obama's big government ideas are a net positive:
Pravda Observes 'American Capitalism Gone With A Whimper'
(And BTW – the part that I found funny was decidedly NOT intentional… Worth a try on your part, though…)
What law gives the FCC power over Arbitron?
Government continues to grow like a weed.
A lack of ethics and morals will do that.
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