Minutes of the KPFK Local Station Board Meeting of April 18, 2012

The regular monthly meeting of the KPFK Local Station Board was held on
April 18, 2012 at 7:11 PM at Angelus Plaza, 245 South Hill St, Los Angeles, CA
90012, the chair (Michael Novick) being in the chair and the secretary (John P.
Garry III) being present. The minutes of the two previous meetings (February
15, 2011 and March 17, 2012) were approved.

Nineteen members were present, constituting a quorum: Ken Aaron, Chuck
Rodrigo Argueta, Fred Blair, Lydia Brazon, John Cromshow, Tej Grewall, Leonard
Isenberg, Kim Kaufman, Jim Lafferty, Ali Lexa (arrived 7:46), Brenda Medina,
Dutch Merrick (arrived 7:48), Margie Murray, Michael Novick, John Parker
(arrived 7:35), Summer Reese (arrived 7:18), Lawrence Reyes, John Wenger
(arrived 7:35).

Five members were excused: Ankine Antaram, Aryana Gladney, Fred Klunder,
Sequoia Olivia Mercier, Lamont Yeakey.

Also present: Bernard Duncan (KPFK General Manager), Terry Goodman (Audio
Recordist) and members of the public.

Authority and Notice: The date for this meeting was authorized by the LSB by a
motion approved at its meeting of February 15, 2012. The date was posted on
KPFTX.org on February 18, 2012. The location was noticed to the board via email
and posted on KPFTX.org on April 2, 2012. Additional notice was posted on
KPFK.org and other websites beginning on April 11, 2012 (see Appendix A).

Audio Recording: The audio of the meeting is available for a limited time at

[Audio Part 1]


The meeting was called to order by the Chair at 7:11 PM with a quorum of


Lafferty moved acceptance of the excused absence requests listed above. After
Medina objected, the excused absence requests were accepted by a show of hands:
Yes-6, No-2, Abstain-3.


The Chair reiterated principles of board and public meeting participation.

There were no announcements.


Reyes moved to bring the General Manager Investigation Motion off the table. No
vote taken. Point of order from Medina: Reported on when the Proposed Agenda
was sent to the LSB. The Vice-Chair volunteered to print agendas for future

Brazon moved to place the Jackson Lewis motion in PNB Reports. Passed by a
majority hand vote: Yes-11.

The Chair committed to address Aaron's Motion to Rescind first.
Lafferty moved approval of the amended agenda. Passed without objection (see
Appendix B).

Spanish translation was arranged for two members of the public.


Isenberg requested a change to the wording of the General Manager Investigation
Motion (moved and tabled by the board on February, 15, 2012). Point of order
from Medina: You can't change your motion after it has been set in the minutes.
The Chair ruled that no correction to the minutes was necessary.

Lafferty moved approval of the minutes of February 15, 2011 and March 17, 2012,
which were distributed electronically to the board prior to the meeting. Passed
without objection.


Aaron moved to rescind the LSB Attendance Policy passed by the board on March
17, 2012.
Brazon noticed an attendance motion for the next LSB meeting. Cromshow called
the question.

Motion to rescind passed by a roll call vote: Yes-12, No-1, Abstain-4.

Yes-Aaron, Argueta, Blair, Brazon, Cromshow, Grewall, Kaufman, Lafferty,
Murray, Parker, Reese, Wenger.
Abstain-Anderson, Isenberg, Medina, Novick.


The Chair announced regular LSB Committee meeting times (listed at KPFK.org).


Omitted at the discretion of the Chair in the interest of time.


The Chair committed to investigate LSB email communications problems.
Town Hall Task Force volunteers: Reyes (convener), Reese, Kaufman, Anderson,
Murray. Public volunteers were Mike Clark, Israel Feuer, Reza Pour.


The GM summarized his monthly report, which was forwarded electronically to the
board prior to the meeting and distributed in paper to the public (see Appendix
C). Discussion followed.

[Audio Part 2]

Discussion of the GM report continued.


Public comment was heard for eleven minutes. The Chair allowed a member of the
public (Bella De Soto) additional speaking time to report on the Community
Advisory Board. Point of order from Reyes: Requested three additional minutes
of public comment. Passed without objection.


The GM responded to public comment. The GM noticed that the May LSB meeting
will include a discussion of the Community Advisory Board.


Reese, Brazon, Lexa, Aaron reported.

Lafferty moved (amended by Brazon) the following:

Motion Regarding Ending Pacifica's Employment of the Jackson Lewis Law Firm

WHEREAS Pacifica is a humanistic radio network that has for more than 50 years
supported workers' rights, including their right to organize a union; and

WHEREAS non-management employees of four of five the Pacific Foundation
stations are unionized; and

WHEREAS the national office of the Pacifica Foundation has retained the law
firm of Jackson Lewis; and

WHEREAS Jackson Lewis is a notorious nation-wide anti-union law firm that
specializes in preventing employees from unionizing their employer and
employing scare tactics to portray unions as an enemy of business, according to
John Logan, writing in the British Journal of Industrial Relations 44 (December
2006): 659; and, according to one of Jackson Lewis' own lawyers, "Jackson Lewis
was founded on the concept of preventive labor relations, and we want to help
our clients before there's full blown organizing. We are a full-service law
firm. We just don't do the legal stuff-we handle the campaign;" and

WHEREAS Jackson Lewis regularly conducts seminars for corporate America on how
to stay union free, its next such seminar, entitled "Union Free," scheduled to
take place in Chicago on April 19th, Las Vegas on May 2nd and New York City on
May 23rd;


1) Therefore be it resolved that the KPFK Local Station Board calls for the
Pacifica National Board and the Pacifica Executive Director to wind down all
relationships with Jackson Lewis as quickly as possible subject to prudent
attention to the financial penalties of changing attorneys in ongoing

2) in the hiring of any new law firm to represent the Pacifica Foundation in
any matters whatsoever, no law firm known to be a firm representing and
advising corporations and other businesses on how to prevent its workers from
unionizing shall be employed by the Pacifica Foundation.

Brazon moved to amend: "four out of five stations." Passed without objection.

Brazon moved to amend: "1) Therefore be it resolved that the KPFK Local Station
Board calls for the Pacifica National Board and the Pacifica Executive Director
to wind down all relationships with Jackson Lewis as quickly as possible
subject to prudent attention to the financial penalties of changing attorneys
in ongoing litigation." Passed without objection

Kaufman moved to extend five minutes. Passed without objection. Discussion
Wenger moved to amend: "calls for" to replace "calls on." Passed without
objection. Reese and Parker moved for public comment on this motion. Passed
without objection.


Public comment was heard for eight minutes.

[Audio Part 3]

The amended Jackson Lewis motion passed by a roll call vote: Yes-13, No-0,

Yes-Anderson, Argueta, Brazon, Cromshow, Grewall, Isenberg, Lafferty, Medina,
Merrick, Novick, Parker, Reyes, Wenger.
Abstain-Aaron, Blair, Kaufman, Lexa, Murray, Reese.


Interspersed throughout the PNB Report.


Reyes (Outreach Committee Chair) gave a verbal report and forwarded a written
report electronically to the Secretary prior to the meeting (see Appendix D).
Reyes moved board approval of an Outreach Committee picnic on June 10, 2012 in
Brand Park, Glendale. Point of order from Medina: There is no public transit
near Glendale. Motion passed by majority hand vote with two abstentions.


Cromshow (Personnel Committee Chair Pro-Tem) reported on the last Personnel
Committee meeting, the iPD evaluation survey, the upcoming GM survey, and other
matters. May 16, 2012 was noticed as the next meeting Personnel Committee
meeting. Discussion followed. Lafferty and Merrick publicly thanked Cromshow
and Lexa for their work on the survey.

Lexa moved to keep the results of the iPD Survey remain sealed until after the
position is filled. Motion passed without objection.


Lexa (PD Search Committee Co-Chair) reported: There are 19 search semi-
finalists, phone interviews are in progress. Questions from a public meeting
were collected and used in the survey process. Lexa reported that he was trying
to comply with the recent PNB motion on search committees. Discussion followed.


Wenger moved the following:

Committee Chair Motion

"Any member in good standing of an LSB Committee may serve as chair of that


Public comment was heard for five minutes on the pending motion and other

The Governance Committee Report continued. (9:51)

Merrick read into the record a portion of the KPFK LSB Committee Staffing
Policy; (passed February 5, 2005, amended January 7, 2006): "That Advisory
Committee Chairs shall be LSB members."

The Governance Committee motion passed by a roll call vote: Yes-10, No-8.

Yes-Anderson, Argueta, Brazon, Grewall, Lafferty, Medina, Novick, Parker,
Reyes, Wenger.
No-Aaron, Blair, Cromshow, Isenberg, Kaufman, Merrick, Murray, Reese.

Kaufman moved for a time-certain adjournment at 10:00 PM. Passed without


Argueta moved the following:

Motion Passed by PrOC 4/04/12 - KPFK/Pacifica Desist All Use of Arbitrons until
it more accurately counts minority community members and is granted Media
Ratings Council accreditation

WHEREAS Arbitron's services for the Los Angeles region have not been accredited
by the Media Ratings Council; and

WHEREAS Arbitron has lost its accreditation in locations across the US,
including Riverside-San Bernardino, due to problems in its Sample Performance
Indicator, specifically proportionality across age, race, ethnicity and other
demographics;[1] and,

WHEREAS the California Attorney General sued Arbitron for its Portable People
Meter (PPM) ratings methodology that under-represents African American and
Latino listeners in its surveys in the state's largest cities;[2] and

WHEREAS Arbitron reached a settlement with the Attorney General and with City
attorney of Los Angeles and San Francisco relating to the marketing and
commercialization of PPM in Los Angeles, Riverside-San Bernardino, Sacramento,
San Diego, San Francisco and San Jose, California; and

WHEREAS the settlement announced March 26, 2012 mandates that Arbitron change
its methods by December 31, 2012 to count minority listeners more accurately;

WHEREAS Arbitron earlier pledged to use all reasonable measures to achieve
Media Rating Council (MRC) accreditation for the data produced by the PPM
ratings service in all California markets.[3]

THEREFORE, PrOC recommends that station management and the Local Station Board
desist from using Arbitron measures until all corrective actions have been
taken and Arbitron receives MRC accreditation for the southern California
markets; and

FURTHER, that the KPFK LSB recommends to the PNB that no Pacifica station shall
use Arbitron measures until all corrective actions have been taken and Arbitron
receives MRC accreditation for all the signal areas.

Reyes appended a "News Release" from "Office of the Attorney General: Kamala D.
Harris." to the motion (see Appendix E).

Argueta moved to close debate. Motion passed by a majority show of hands (tally
not recorded).

The Arbitron Motion passed by a show of hands: Yes-9, No-0.

The meeting adjourned without objection at 10:00 PM.

Respectfully submitted by John P. Garry III, Secretary
(these minutes were approved on June 20, 2012)


Appendix A-Public Notice

Emailed by Terry Goodman on April 11, 2012

The KPFK Local Station Board will meet on Wednesday, April 18, 2012
for its monthly meeting, from 7:00 pm sharp until 10:00 PM in the 4th
Floor Cafeteria at Angelus Plaza, 255 S. Hill Street, L.A. 90012.
Spanish translation will be available.




Appendix B-Approved Agenda

Revised Proposed Agenda for KPFK LSB Meeting of 4-18-2012
(all times include board discussion time)

I. Call to Order, Roll Call, Excused Absence Requests, Agenda Approval,

Ground Rules for Communication, Announcements,
Minutes Approval (2/15/2012, 3/17/2012) (15 min)

II. Scheduling / Location / Announcement of Meetings (5

III. Chair Report (5 min)

IV. Implementation / Follow Up / Action Items (5
a. Electronic submission of Committee Reports to the LSB
b. Town Hall Task Force meetings/membership/convener

V. General Manager Report Summary and Q&A (20 min)
a. CAB Status and next steps

VI. Public Comment I (questions to GM) (7.5min)

VII. GM responds to public comment (5 min)

VIII. PNB Director Reports (20 min)
a. Jackson Lewis Motion

IX. Public Comment II (questions to PNB Directors) (7.5

X. PNB Directors respond to public questions (5 min)

XI. Outreach Committee Report (5 min)

XII. Personnel Committee (15 min)

XIII. PD Search Report (10 min)
a. Compliance with PNB and LSB motions.

XIV. Governance Committee Report (15 min)
a. Committee Chair Motion

XV. Public Comment III (during Governance Committee Report) (7.5

XVI. Programming Oversight Committee Report (10 min)
a. Arbitron Motion

XVII. Finance Committee Report (5 min)

XVIII. New Business (5 min)
a. General Manager Investigation Motion

XIX. Public Comment IV (7.5 min)

total 175


Appendix C-GM Report


Wednesday, April 18, 2012
(Bernard Duncan, General Manager)

Manager's Overview

. KPFK's next fund drive is planned to begin on May 15.

. A fund-raising/listenership building idea-generating session to find new
ways to sustain the station took place on 22 March at the KPFK premises on
Cahuenga Blvd. W, and will be followed up with meeting on 19 April to
discuss ideas raised, and allocate tasks to accomplish those ideas agreed

. "Underground University", an initiative discussed in last month's
Manager's Report launched on April 9th and we received a solid attendance
of about 25 people. The group was ethnically diverse and ranged in age
from college-aged to mid career. This will continue to be developed
through our volunteer outreach coordination.

Outreach and Development

. Outreach - KPFK is in the midst of a heavy rotation of outreach events and
fundraisers, requiring that KPFK's staff be All Out For The Listeners! We
started out the month with the All In For The 99% art exhibition at the
Ace Museum, where KPFK staff recorded vox pops and interviews. This past
weekend we had two important outreach efforts:
o the KPFK media sponsored panel discussion with Ruben Luengas called
Ahora o Nunca, which featured conversations with professor Miguel
Tinker Salas, journalist and author Anabel Hernandez and Lorenzo
Meyer, Professor Emeritus of History at the Colegio de Mexico and a
well-known columnist for Reforma and political analyst; and
o a much appreciated water station at Ciclavia, staffed in part by the
Music Director and volunteers to help promote our upcoming DJ events
Motherland (April 18 at Mama Juana's) and Elevation (May 2, at The

Another key event this past weekend was an outstanding discussion and book
signing with Tavis Smiley and Dr. Cornel West at the Immanuel Presbyterian
Church, where Tavis and Dr. West spoke to a packed house about their new
book The Rich and the Rest of Us: A Poverty Manifesto, a collection of
reflections and discoveries from their Poverty Tour. Sojourner Truth host
Margaret Prescod served as MC and elicited a rousing round of cheers and
applause for KPFK Radio after her opening remarks.

. This week KPFK is in preparation for Motherland, Topanga Earth Day, the
Tadasana Festival in Santa Monica and the L.A. Times Festival of Books.
Each of these events will serve as a means to connect with our listeners,
promote the Pacifica Mission and forward promote the 2nd Annual Hero
Awards & Tribute to Gil Scott-Heron fundraiser on May 6th. All this
activity is possible thanks to the efforts of our dedicated staff,
volunteers and board members.

. Community Engagement: CAB - Notice has been sent out from the GM that the
Interim Working Group of the CAB is defunct, and that a new body will be
selected. Work on this is currently underway.

. Fund Drive "Community Premiums" - Development had requested the assistance
of the Local Station Board in recommending ways KPFK can fulfill the
commitment to listeners who donated to the station and the Solidarity with
the 99% premium. The Solidarity Premium has been fulfilled in part and in
installments, but has had to adjust to developments in the Occupy
movement. The remaining amount to deliver as an in-kind donation is
$2,937.30. It has been suggested that KPFK may fulfill Solidarity with the
99% premium through the purchase of walkie-talkies for the May Day March
and Rally.


. KPFK's interim Program Director is currently out of the country on
vacation leave, so no specific programming issues are carried in this
report. Issues and changes will be reported to the May meeting.


. Plumbing problems - On April 7th at approximately 12pm our sewage pipe
leading from the building to the county's sewer system got backed up and
over flowed, flooding much of the bathroom and surrounding area. This also
affected the upstairs bathrooms.

Roto-Rooter was the only available choice at the time on the eve of a
holiday. We tried to make arrangements to order porta-potties but given
the time we were not able to get some out in hopes to buy us time for
other bids. Given the circumstances and very little options available work
commenced at approximately 5pm.

A hole near the access point near the front door was dug in order to
provide greater access to the main sewer line. A video inspection was made
inside the pipes towards the building. Heavy tree-root intrusions into the
pipe were discovered.

Once roots are in the pipes they will likely cause an eventual blockage,
continuing to grow, and if not disturbed, they will eventually completely
fill the pipe with hair-like root masses. These masses can act as a net as
they catch sewage leaving the building.

The roots were cleaned out with root saws, and high-pressure flushers. It
was recommended that we install another access point near the back door
entrance to allow for further root removal, since their equipment will not
reach that far. This will help ensure that we do not have the same problem
25' past our front door access point. It is also recommended that we
schedule regular cleaning of our sewer that will help reduce prolonged
root growth.

Unfortunately our plumbing woes do not end there. We have discovered
corrosion in piping leading to the hot water faucets in the women's
restrooms resulting in tainted hot water, and this will also have to be

. Landscaping - We have received a commitment of some plant donations for
our front area near the street. We will begin treating and tilling the
soil in order to prepare the area to receive the plants on April 20th.
This will involve watering the area on a weekly basis within the LADWP
allowed time for watering.

. Painting - The kitchen area was painted on the weekend of April 6th by the
Operations Director and volunteers. The total cost was $335.35 for the

. Piracy - On March 26th we were notified that NBC Universal contacted our
ISP Telepacific to file a claim that there was illegal downloading of
their copyrighted material. We were warned and asked to cease any further
illegal downloads. While we can ascertain that the download was accessed
from our building, it is more difficult to isolate the computer

The following email was sent to all staff, programmers and the LSB:

On March 26th we were contacted by our internet service provider
Telepacific on behalf of NBC Universal in regards to an illegal
download of "A Beautiful Mind"

Title: Beautiful Mind, A
Infringement Source: BitTorrent
Initial Infringement Timestamp: 21 Mar 2012 21:25:13 GMT
Recent Infringement Timestamp: 21 Mar 2012 21:25:13 GMT
Infringing Filename: A Beautiful Mind 2001 BRRip 720p
x264 RmD (HDScene Release) Infringing File size: 1928256978

We have been asked to stop downloading or uploading any film or TV
shows owned or distributed by NBC Universal without authorization and
to permanently delete from your computer(s) all unauthorized copies you
may have already made of these movies and TV shows.

The illegal downloading and distribution of copyrighted works are
serious offenses that carry with them the risk of substantial monetary
damages and, in some cases, criminal prosecution. Any illegal activity
over KPFK/ Pacifica internet services can put us in a precarious
situation. Any copyright infringement violates our Internet Service
Provider's terms of service and could lead to limitation or suspension
of our Internet service. Here is a website that you can visit if you
would like to know more about the laws pertaining to
this, www.respectcopyrights.org.

Anyone found conducting illegal activities through KPFK's internet
service may face serious repercussions.

. Theft - In recent weeks we have lost two sets of headphones and a
microphone, which were stolen from the building outside of normal office
hours. For this reason we intend to lock some studio areas and/or install
cameras. During an intern orientation gathering in April a visitor to the
station was caught on camera near Production going through programmers'
mail slots and pocketing some of what he found. We know the identity of
this person and he has been instructed not to return to KPFK.


. The Chief Engineer is currently out on vacation leave, but is monitoring
transmission outages, and has provided a report.

. Studios - The studios are generally in good condition and repair with few
problems. New CD players for Master Control will be installed soon. The
audio network server (DRS) upgrade is being evaluated.

. Malibu Booster - We have to relocate the receive antenna and are in
contact with property owners on Saddle Peak who may allow us to reinstall
the antenna on their property. We are also looking into other ways to get
the KPFK audio signal to the booster site.

. Rancho Bernardo translator - This translator is in good condition and is
operating very well covering Northern San Diego County.

. Santa Barbara translator - The translator is in good condition and is
operating properly and is covering the coastal area of Santa Barbara from
Isla Vista to Montecito.

. Mt. Wilson transmitter - Repairs have been made over and over again to the
old Armstrong transmitters, which at this point are considered unreliable.
The new Nautel transmitter is serving as the backup transmitter as the the
Armstrong transmitters continue to fail. Repair and rebuild of the
Armstrong transmitters will take until at least the end of April. KPFK
will continue to operate at reduced power until all repairs are made. An
additional replacement transmitter the will allow KPFK to operate reliably
at full power. This is critical as we go into the hot summer months when
inversion layers bend the FM signal and cause a loss of or noisy reception
in some signal areas.

. The emergency power generator fuel pump replacement did not fix the
problem and the diesel engine will have to have some internal engine parts
replaced before we can use the generator again.

Business Office

. Financial status as at April 13 (cf. March 13) -
o Total Cash in Bank is $317,400 (551,200)
o The current balance in the solar project account is $21,400. (Note:
this is additional to Cash in Bank)
o Total payables stand at $72,000 (24,100).
o Central Services fees owed to National Office and Pacifica Radio
Archives stand at $20,000 (145,600).

The annual planning process for the KPFK operational budget has begun.

Bernard Duncan
General Manager
April 17 2012


Appendix D-Outreach Report

Minutes from KPFK Outreach Committee Meeting April 10, 2012

Present: Lawrence Reyes, Ron Spriestersbach, Rudy Perez, Chuck Anderson, Van
Mizell, Alise Sochaczewski, Rose Elizondo, Rob Macon, Pooyun Bokwer, Reza Pour,
and Nancy Lawrence

1. Introductions and members outreach activities in the past month.

2. Lawrence had invited/suggested to Bernard Duncan that Jessica Woods attend
the Outreach Committee meetings. Alise received a list of upcoming events
volunteers could table at for KPFK from Jessica.

3. Van mentioned an event where the Tuskegee Airmen were going to appear at but
it didn't materialize.

4. One member mentioned that 20-30% of people who he's reached out to express
dissatisfaction with the reception they receive when they approach the station
with suggestions or comments . They feel that their voices are not being heard
and that they can not voice their opinion about the station or the programming.
He speaks to people on the bus and at community events. Others present have
found this sentiment among other people they have engaged with.

5. The upcoming Spirit Run in which people from Canada also participate was
brought up. The time and date will be confirmed so we can table at this event.

6. Tabling at events for KPFK for 3 hours (not necessarily in one stint) will
qualify volunteers for KPFK membership. This motion was passed in the past and
documentation will be formalized.

7. Outreach picnics will be held. The first will be June 10th at Brand Park in
Glendale. Time from 11am to 5pm. Picnic will include spoken word, musicians,
singers and poetry. Lawrence will request that this be added to Community
Calendar. It should be announced several times on air including 2-3 weeks
before that weekend. The second will be later in the summer in Orange County,
date to be determined.

8. An Outreach workshop concerning "The Media: Propaganda & Objectivity" is in
the works. Tentative date is May 26th. Time and place to be announced.

9. The list of events for tabling was discussed and several people signed up
to table at various events (i.e. L. A. Book Fair, CicLAvia, Smiley-West Event,
Topanga Earth Day). Unfortunately many events occur concurrently.

10. Criminalization of Homelessness is an important issue that needs to be
addressed. May be a topic for future event. Another topic is Racist Killings.

11. Rob Macon recommends a "Mission Rebuild" project to rebuild our economy,
our schools, our radio station, and our community.

12. Michael Novick's LSB report on air was well received by the listeners. We
recommend that this become a monthly on air report.

13. Next meeting will be May 8th, the second Tuesday of the month.

14. Meeting adjourned.

Minutes submitted by Rose 4-12-12.


Appendix E

Attorney General Kamala D. Harris Reaches Settlement to Ensure Equal Treatment
in Radio Ratings for Minority Stations and Audiences

SAN FRANCISCO - California Attorney General Kamala D. Harris today announced a
settlement with Arbitron Inc., the nation's dominant provider of radio audience
ratings, over allegations that the method it used to collect ratings
information discriminated against radio stations with predominantly African-
American and Latino audiences. The settlement is the result of a consumer
protection lawsuit filed jointly by the State of California and the cities of
Los Angeles and San Francisco.

Attorney General Harris, Los Angeles City Attorney Carmen A. Trutanich and San
Francisco City Attorney Dennis Herrera alleged that Arbitron Inc.'s
implementation of "Portable People Meters" (PPM) to measure radio station
listenership in California beginning in 2008 violated the state's Unfair
Competition Law, False Advertising Law and Unruh Civil Rights Act by
dramatically undercounting minority audiences, causing sharp declines in
advertising rates and revenue for many broadcasters.

"This settlement ensures that California's diverse audiences will be fully
counted by Arbitron's ratings systems and that broadcasters serving these
communities will have the opportunity to compete fairly in the marketplace,"
said Attorney General Harris. "I am pleased that Arbitron will be revising its
practices in the state and thank my partners in this effort, City Attorneys
Carmen Trutanich and Dennis Herrera."

Arbitron's ratings are based on information provided by sample groups of
listeners. In deploying a new system that relied on electronic metering devices
in place of personal listenership diaries, Arbitron's listener recruitment
methodology failed to reflect the diversity of broadcast audiences in
California markets, according to the complaint filed in San Francisco Superior

The settlement mandates that Arbitron meet concrete metrics in its efforts to
ensure that its audience sampling methods are fair and representative of
California's diverse media markets. Specifically, Arbitron will improve its
sample-audience recruitment by increasing address-based outreach to 65 percent
of its total recruitment activity by December 31, 2012. Previously, recruitment
was conducted primarily via land-line telephone, a survey method that failed to
adequately include minority households. Arbitron will also take all reasonable
steps to increase minority participation in their sample audience panels in
five California major media markets. Additionally, Arbitron will begin
incorporating country of origin as a standard demographic characteristic
collected from participating Hispanic households-an additional benefit to
Spanish-language media outlets. The Columbia, Md.-based media research firm
also has agreed to pay a total of $400,000 to the plaintiffs: $150,000 each to
the State of California and City of Los Angeles and $100,000 to the City and
County of San Francisco.

Radio stations serving primarily African American and Latino audiences were
disproportionately affected by the sample audience recruitment methods Arbitron
began using with its switch to the PPM ratings scheme in 2008. Of the 18
stations serving minority audiences in Los Angeles, 16 experienced ratings
decreases in excess of 30 percent under the initial PPM system. Three of these
fell by over 70 percent. One Los Angeles radio station whose audience is mostly
African-American, was rated 0.0 for a significant portion of the day
immediately after implementation of the new PPM ratings. One Spanish- language
radio station that had previously enjoyed a number one ranking in the Los
Angeles market saw its ratings plummet by more than 50 percent under Arbitron's
PPM ratings for September 2008. ?

Arbitron's PPM methodology was criticized by minority broadcasters and the
Media Ratings Council, the independent industry body that accredits media
ratings systems, which has found problems with minority representation in
Arbitron's sample audiences in the past.

"Through this settlement, Arbitron has agreed to take important steps to ensure
that minority radio stations are reasonably treated in order that they may
fairly compete in the California marketplace," said Los Angeles City Attorney
Carmen A. Trutanich. "In a city as diverse as Los Angeles, it is important that
all of our residents and our businesses be equally represented and able to
compete in our field of commerce. Only then will all Californians have a

"Assuring the integrity of broadcast rating methodologies is essential to
protect media outlets that serve California's diverse communities," said San
Francisco City Attorney Dennis Herrera. "These measures set all-important ad
rates and revenue, and largely determine the success or failure of media
outlets in a competitive industry. I'm grateful for the hard work and expertise
of my co-counsel in this case, Attorney General Kamala D. Harris and L.A. City
Attorney Carmen Trutanich. I am also appreciative to Arbitron and its legal
team for their cooperative approach and willingness to negotiate with us in
good faith."

The case is the People of the State of California v. Arbitron, Inc., San
Francisco Superior Court.

A copy of the settlement is attached to the online version of this release at


Link to the Media Rating Council

[1] http://rbr.com/mrc-withdraws-accreditation-in-five-ppm-markets/
[2] http://ag.ca.gov/newsalerts/print_release.php?id=2651
[3] After the accreditation withdrawal in February 2012 cited above, Arbitron
issued a response: "Consistent with our long-standing priorities, we will work
to retain accreditation where we have it, to regain accreditation where it was
withdrawn and to achieve accreditation in our remaining PPM markets,"