Cumulus Media’s access to Nielsen’s national radio ratings is set to end Sept. 10 after Nielsen told a federal judge that extending the current deal is not commercially practicable, even as the companies remain in court over a new agreement.
U.S. District Judge Jeannette Vargas ordered Nielsen to file a sealed declaration explaining why an extension through the end of September would not be commercially practicable. She also scheduled an evidentiary hearing for Tuesday, Sept. 1, on Cumulus’s motion to enforce a preliminary injunction it previously won against Nielsen.
The core dispute is whether Nielsen’s price and terms for standalone access to its Nationwide ratings comply with Vargas’s order. That injunction bars Nielsen from tying Nationwide access to purchases of local ratings and from charging a commercially unreasonable rate for Nationwide as a standalone product.
Cumulus has argued that continued access is critical for Westwood One, which uses the national ratings to sell advertising and is negotiating with national advertisers.
After a Friday court conference, Nielsen agreed to give Cumulus the prices it charged all 2026 Nationwide customers, under a “Highly Confidential — Outside Counsel Eyes Only” protective order. Nielsen said it could not produce comparable pricing data going back to 2021 on the court’s accelerated schedule.