Cumulus Asks Judge To Force Nielsen To Comply With Ratings Injunction.

Less than two weeks after winning a major appellate victory, Cumulus Media is back in federal court accusing Nielsen of delaying compliance with a federal court injunction, telling a judge the ratings company has spent two weeks stalling rather than offering a court-compliant price for its Nationwide ratings product. The wrangling comes against the backdrop of new legal maneuvers by Nielsen, which has filed a motion seeking a rehearing by the full Second Circuit for a rehearing.

In a motion filed in a New York court, Cumulus asks District Judge Jeannette Vargas to enforce the injunction she issued earlier this year. The order bars Nielsen from charging a “commercially unreasonable rate” for its Nationwide report as a complete, standalone product and identifies a presumptively reasonable rate as one no higher than the highest annual 2026 price Nielsen charges another broadcaster for Nationwide.

Cumulus says that even after the Second Circuit affirmed the injunction in full and lifted the stay earlier this month, Nielsen has not provided a standalone rate that complies with the order.

“Two weeks after the Second Circuit affirmed the order in full and lifted the stay, Nielsen still has not offered Cumulus any rate that complies with the order,” the filing says. The broadcaster is asking the judge to order Nielsen to submit a binding written offer within two business days and begin good-faith negotiations toward a final contract.

According to Cumulus, it contacted Nielsen the day after the Second Circuit ruling and requested “a standalone rate” that is “consistent with the Court’s order.” Nielsen responded that it planned to seek further appellate review and questioned precisely what Cumulus wanted to buy. Cumulus also says Nielsen asked that the broadcaster propose a price of its own. Cumulus says it then submitted a proposal based on the prior contract price plus the companies’ historical annual escalator.

Cumulus says Nielsen told it on July 20 that an offer would be delivered by July 24. But that date passed without an offer. Nielsen then said it would provide one “as quickly as possible,” while declining to commit to a firm date. The reason for the feet-dragging became clear when Nielsen filed a motion on Monday asking the full Second Circuit to review the ruling issued earlier this month.

Cumulus argues the company has no reason to not put a price for the Nationwide ratings on the table in the meantime. “The injunction was issued nearly seven months ago and confirmed after a lengthy appeal,” it tells the court. “Nielsen already knows how to determine a compliant rate.”

The broadcaster points to the Second Circuit’s ruling, which said Nielsen could determine a reasonable rate by reviewing what it charges other large network customers under current contracts or deals negotiated this year.

Cumulus says the timing is critical because Westwood One has only a few weeks of access remaining under its previous agreement and is negotiating with national advertisers that expect it to retain access to Nationwide ratings. “Cumulus needs to confirm continued access to its essential Nationwide product now,” the filing says. It warns that uncertainty threatens additional losses of customers, goodwill and market share. “Further delay appears to be Nielsen’s objective but it is ruinous for Cumulus,” the broadcaster says.

Rising Tensions

Despite their legal fight, Cumulus and Nielsen have largely been keeping their disagreements confined to the courtroom. But emails attached to the latest motion show increasingly testy exchanges between attorneys for the two companies after the Second Circuit ruling.

Nielsen said it remains committed to good-faith negotiations and is working “expeditiously” on an offer. It argued that it has not previously sold a standalone Nationwide product to a customer anywhere near Westwood One’s size and said the “complexity and novelty of the business situation” require careful analysis.

Nielsen also questioned why Cumulus was demanding an offer by July 27 when its current access to Nationwide continues through the end of September. Its attorneys asked why Cumulus had “sat silent in negotiations with Nielsen from January to mid July.” The ratings company also sought confidentiality protections, with assurances that Cumulus would not share Nielsen’s proprietary information with third parties, competitors or its own local business units.

Cumulus said it would keep the pricing confidential, but it would not agree to keep Nielsen’s offer from the court.