The Pulse, Inc.

Text (OCR of the scan at left; may contain errors)

IN Tile MATTER THE PULSE, INC.

::IODIFIED ORDER , ETC., IN REGARD TO THE ALLEGED ''"DLATION OF THE FEDERAL TRADE CO).IMISSION ACT Docket C-291. Modified order, Oct. , 1963 Order reopening proceed:ng and modifying oreler of Dec. 28, 1962, Gl F T.C. 1480to conform its prohihitions more closely to those in orders issued against two of respondent' s cornpetitOl' by striking paragraphs 2 and 7 therefrom and substituting more specific requirements. ORDER REOPENING PROCEEDING AND )\fODIFYIXG ORDER TO CEASE AND DESIST Respondent, by motion filed July 5, 1963, having requested that the order to cease and desist, issued to it December 28, 1962, be modified to more closely conform its prohibitions to those in orders issued against two of respondents competitors; and subsequent t.hereto pursuant to Commission direction, respondent and members of the Commission s staff entered negotiations with respect to respondent' request which resulted in the submittal of a stipulation signed October 3, 1963 , providing, inter alia for certain modifications in the outstanding order to cease and desist; and The Commission having considered the pleadings and papers filed by the parties and having determined that the public interest requires reopening of this proceeding for the purpose of receiving the said stipulation as a part of the record and for modification of the order to cease and desist in accordance therewith: I t ordered That this proceeding be: and it hereby is, reopened and that the stipulation signed October 3 , 1963 , by rcpresentatives of respondent and Commission counsel be, and it hereby is, received as a part of the record herein.

It is further ordered That the order to cease and desist issued December 28, 1962 (61 F. C. 1480J, be, and it hereby is, modified by striking paragraphs 2 and 7 therefrom and substituting in their place the following :

2. Using data based upon general Jistening or viewing preferences as opposed to actual listening or viewing without clear disclosing in each report that such data may have been based upon general listening or viewing preferences as opposed to actual1istening or viewing.

7. Using data based upon hearsay reports, estimates or guesses without clearly disclosing in each report. that such data may have been ba,sed upon hearsay reports, estimates or guesses. PUZZLERS RESEARCH BUREAU ) IX-C. ) Err AL. 1071 1070 Complaint It i8 further ordered That with the exception of paragraphs 2 and 7 the order of December 28, 1962, shan in an respects and for an purposes remain final and unaffected by this reopening. It i8 further ordered That respondent shan, within sixty (60) days after service upon it of this order, file with the Commission a report, in writing, setting forth in detail the manner and form in which it has complied with paragraphs 2 and 7 of the order cease and desist as set out above.