**DA 08-2048**

**Released: September 4, 2008**

**MEDIA BUREAU ACTION**

**PPM Coalition Files Petition seeking commission inquiry**

**pursuant to Section 403 of the communications Act (47 U.S.C. § 403)**

**MB Docket No. 08-187**

**Comment Date: September 24, 2008**

**Reply Comment Date: October 6, 2008**

On September 2, 2008, PPM Coalition ("PPMC") filed an "Emergency
Petition for Section 403 Inquiry." PPMC consists of National Association
of Black Owned Broadcasters, Spanish Radio Association, Minority Media
and Telecommunications Council, American Hispanic Advertising
Association, Border Media Partners, Entravision, ICBC Broadcast
Holdings, Spanish Broadcasting System, and Univision. PPMC asks the
Commission to immediately open an inquiry, under Section 403 of the
Communications Act, into Arbitron's use of Portable People Meters
("PPM").  PPMC notes that on July 28, 2008, the Commission's Advisory
Committee on Diversity recommended the same action that PPMC formally
requests here. PPMC argues that PPM methodology undercounts minority
radio listeners, that the rollout of PPM methodology starting October 8,
2008 in eight markets (including the four largest radio markets) will
seriously harm minority broadcasting and defeat the Commission's
diversity goals, and that the Commission has ample jurisdiction to
conduct this inquiry and to take action. PPMC requests that
the Commission undertake a fact-finding inquiry, using subpoenas for
document production and conducting witness testimony under oath.  PPMC
also notes that appropriate protective orders could be crafted to avoid
disclosure of financial information. According to PPMC, a Section 403
inquiry is the only way the Commission can shed light on the
methodological problems identified in early PPM markets and avert harm
to minority broadcasters from a rollout of PPM with a flawed methodology
that undercounts minority audiences. PPMC Coalition, Emergency Petition
for Section 403 Inquiry (Sept. 2, 2008). We seek comment on PPMC's
petition.

*Ex parte Information.* This proceeding will be treated as "permit but
disclose" for purposes of the Commission's *ex parte* rules. *See
generally* 47 C.F.R. §§ 1.1200-1.1216. As a result of the
permit-but-disclose status of this proceeding, *ex parte* presentations
will be governed by the procedures set forth in Section 1.1206 of the
Commission's rules applicable to non-restricted proceedings.[^1]

*Filing Information*. Comments are due September 24, 2008 and reply
comments are due October 6, 2008. All filings should refer to and must
be submitted in MB Docket No. 08-187. Pleadings sent via e-mail to the
Commission will be considered informal and will not be part of the
official record. Comments may be filed using (1) the Commission's
Electronic Comment Filing System (ECFS), (2) the Federal Government's
eRulemaking Portal, or (3) by filing paper copies.[^2]

Electronic Filers: Comments may be filed electronically using the
Internet by accessing the ECFS:
[http://www.fcc.gov/cgb/ecfs/](http://www.fcc.gov/e-file/ecfs.html) or
the Federal eRulemaking Portal:
[http://www.regulations.gov](http://www.regulations.gov/). Filers should
follow the instructions provided on the website for submitting comments.

For ECFS filers, in completing the transmittal screen, filers should
include their full name, U.S. Postal service mailing address, and the
applicable docket number: MB Docket No. 08-187. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to <ecfs@fcc.gov>, and include the
following words in the body of the message: "get form". A sample form
and instructions will be sent in response.

Paper Filers: Parties who choose to file by paper must file an original
and four copies of each filing. Filings can be sent by hand or messenger
delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (although we continue to experience
delays in receiving U.S. Postal Service mail). All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.

The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE, Suite 110, Washington, D.C. 20002. The filing
hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes must
be disposed of *before* entering the building.

Commercial overnight mail (other than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol
Heights, MD 20743.

U.S. Postal Service first-class mail, Express Mail, and Priority Mail
should be addressed to 445 12^th^ Street, SW, Washington, D.C. 20554.

> One copy of each filing must be sent to Jamila Bess Johnson, Media
> Bureau, Room 2-C234, 445 12^th^ Street, S.W., Washington, D.C. 20554
> or Jamila-Bess Johnson@fcc.gov.
>
> Copies of any filed documents in this matter are also available for
> inspection in the Commission's Reference Information Center:
>
> 445 12^th^ Street, S.W.
>
> Washington, D.C. 20554
>
> \(202\) 418-7092
>
> Alternate formats of this Public Notice (computer diskette, large
> print, audio recording, or Braille) are available to persons with
> disabilities by contacting the Consumer and Governmental Affairs
> Bureau at (202) 418-0530 or (202) 418-0432 (TTY).

For further information, contact Jamila Bess Johnson of the Media
Bureau, (202) 418-2608. Press inquiries should be directed to Clyde
Ensslin, (202) 418-0506. TTY: (202) 418-0432 or (888) 835-5322.

-FCC-

[^1]: 47 C.F.R. § 1.1206

[^2]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322, 11326, ¶ 8
    (Apr. 6, 1998).