Despite Legal Dispute, Nielsen, Westwood Talking New Deal

Talks between Cumulus Media and Nielsen continue over a new contract granting Westwood One access to national radio ratings, even as the companies remain locked in a federal appeals court fight over a preliminary injunction.

Nielsen revealed in its latest court filing that Cumulus rejected the ratings company’s proposed price and contract term for standalone Nationwide ratings and submitted a counteroffer with different terms. The counter came on Friday, two weeks after Nielsen’s initial offer and one day after Cumulus asked the U.S. Court of Appeals in New York to clarify that a stay of the injunction had already expired.

Nielsen is urging the appeals court to deny Cumulus’ emergency motion, arguing that active negotiations prove there is no true emergency requiring judicial intervention. The company contends the dispute “boils down to a disagreement over price and contract terms,” with no barrier preventing the parties from reaching a deal before Westwood One’s current Nationwide access expires.

Court papers contain no public figures for the dollar amounts under discussion. Nielsen simply states that Cumulus turned down both its offered price and contract length before responding with its own proposal.

The negotiations are proceeding against the backdrop of ongoing litigation over whether U.S. District Judge Jeannette Vargas can enforce the preliminary injunction she previously issued against Nielsen. Any resolution of that enforcement question could influence the ultimate terms of a new ratings agreement.