Broadcasting Telecasting (Jan-Mar 1963)

There may be two ways The FCC was advised last week to refrain from rulemaking in a proposed study of loud commercials. Such rulemaking, the commission was told, could violate the Communications Act's prohibition of censorship. Rex G. Howell, a broadcaster with 37 years experience, said the FCC should concentrate on whether present ways of measuring sound levels are enough to assure compliance with existing commission rules. Mr. Howell owns KREX-AMFM-TV Grand Junction, KREY-TV Montrose, and 50% of KGLN Greenwood Springs, all in Colorado. His comments followed his letter to FCC Chairman Newton N. Minow in which he said FCC rules already limit the volume of commercials to that of adjacent programs (Broadcasting, Dec. 24). Mr. Howell agreed with the commission's notice of inquiry that the psychological quality of sound as experienced by the listener is subjective. "We believe further study will reveal that there is no uniformity of psychological reaction to these sounds and that which may prove irritating to some is not necessarily irritating to others." He also said it's well known that response to both intensity and frequency is not always linear to a person's ears. Some people believe a bass sound is louder because their hearing response is greater to lowregister tones. "To attempt to legislate against of listening-Howell Mr. Howell the whims or physiological limitations of complainants," he added, "would be totally fruitless at best, and an intrusion into a proscribed area [censorship] at most. Every complaining witness would have to undergo a hearing test." Mr. Howell said the problem — "if indeed it merits being called one" — '■ requires only that the commission supply broadcasters with any technical data revealed by the inquiry that would aid them in complying with commission rules "with the best equipment possible." The deadline for comments is Jan. 28. accurate to 1 % ; Nielsen and ARB, to the "mathematical exactness of 100 homes." Specifically, the trade agency also lists the following individual complaints: Pulse — ■ Includes all "not at homes" in its sample base. ■ Adjusts "sets in use" figures upward by 20% for morning programs and 40% for afternoon and evening programs without research to justify such adjustments. ■ Uses data from reports containing interviewees' general preference as opposed to what they actually listened to or viewed during the period covered by the survey. ■ Uses data obtained by interviewers over whom Pulse does not have sufficient supervision and control to assure the accuracy or reliability of such data. ■ In some reports Pulse has combined the ratings and audience shares of two or more stations into a single rating and share, while other stations, not serving the entire area served by the combined stations are listed with their individual ratings and audience shares as though they were competing with such combination of stations for the audience in the entire area covered by said reports. ■ Sample size for each Pulse survey is smaller than the number of quarter hour reports upon which each such survey is purportedly based. ■ Some of the measurement data contained in Pulse reports are based on general listening or viewing preferences as opposed to actual listening or viewing as of a specific time. ■ Pulse rosters are not always employed in obtaining measurement data. ■ Pulse interviewers in conducting interviews sometimes deviate from the pre-assigned plan and conduct interviews elsewhere. ■ Pulse's sampling method is not completely accurate either statistically or otherwise. Nielsen — ■ Bases station total audience partly upon measurement and partly upon projection based on obsolete surveys. ■ Combines data secured at different times into consolidated rating and audience size values as though all of such data had been derived during the time period embraced by a given report when some of the data were derived during a different time period. ■ Publishes what purports to be complete radio audience data although Nielsen does not measure portable and transistor radio listening or tuning. ■ Does not disclose the number or percentage of samples where there is a refusal or failure to respond or cooperate, and otherwise does not account for the statistical effect of non-response. BROADCASTING. January 7, 1963 ■ Uses data derived from diaries, some of which contain hearsay reports and estimates of the diarykeeper. The FTC also said that: ■ Nielsen data is subject to errors other than sampling errors. ■ Data contained in Nielsen's Station Index Radio Reports is not based on the "base cases" figures used in it, but instead is based on sample sizes smaller than the stated "base cases" figures. ■ Nielsen's sampling error formula is applicable to data obtained by means of a probability sample, and since the rating service does not use a probability sample the accuracy or reliability of its data cannot be fully determined by the use of this formula. ■ Not all of the data contained in Nielsen's Station Index Report was derived within the time period embraced by these reports. ARB— ■ Does not disclose the number or percentage of the sample which refuses or fails to respond or cooperate, and does not otherwise account for the statistical effect of non-response. ■ Uses data derived from diaries, some of which contain hearsay reports and estimates of the diarykeeper. The FTC also said that: ■ ARB data is subject to errors other than sampling errors. ■ The statistical reliability chart in ARB reports is applicable to data obtained by means of a probability sample and since the service does not use a true probability sample, the reliability of ARB data cannot be fully determined by the use of this chart. ■ In some instances the only subsequent contact ARB made with diarykeepers after the initial contact was to provide them with a diary. ■ All viewing by all members of the family is not always recorded in the ARB diary at the time of the viewing. ■ ARB techniques and1 procedures do not provide measurements, data or reports that are accurate to any precise mathematical value or definition. 67