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Arbitron Expands PPM in Eight Markets
by Mike Boyle - Radio and Records
Arbitron announced on Monday (Oct. 6) that it has commercialized its portable people meter radio ratings services in eight new markets, two days before the originally-scheduled date of Oct.8. The research firm also announced that it has asked the United States District Court for the Southern District of New York for a declaratory judgment and injunctive relief against the Attorney General for the State of New York to prevent any attempt to restrain Arbitron’s publication of its Portable People Meter listening estimates.

On Friday (Oct. 3), the New York Attorney General said it would file suit against Arbitron to stop the company's rollout of the PPM, giving the research firm five days to respond.

Arbitron released radio audience estimates for the September 2008 PPM survey month (August 21-September 17) to its subscribers in New York, Los Angeles, Chicago, San Francisco, Nassau-Suffolk, Middlesex-Somerset-Union, Riverside-San Bernardino and San Jose. The July and August PPM survey months, which Arbitron had previously released as “pre-currency” information, are now designated as “currency” data. The Spring 2008 diary-based radio audience report (April 3-June 25) is no longer deemed “currency” for buy/sell transactions.

Arbirtron stated that any restraint on the publication of its PPM listening estimates would have an adverse impact on the radio broadcast industry and advertising industries as a whole, would cause Arbitron’s business to suffer severe irreparable harm, would cause economic injury to Arbitron’s shareholders and violates the Company’s First Amendment rights to publish its radio audience listening estimates.

Among other things, Arbitron is seeking the following relief:

- A judgment declaring that the publication of its PPM listening estimates is fully protected by the U.S. and New York Constitutions

- A preliminary and permanent injunction along with a temporary restraining order enjoining the New York Attorney General from attempting to restrain or prevent Arbitron from publishing its PPM listening estimates.
 
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