The A.C. Nielsen ratings company and Saga Communications have reached an agreement in the copyright infringement case against the broadcast chain, whose radio stations here include WKLH-FM (96.5) and WHQG-FM (102.9).
In addition Saga stations here and in other markets will be included in Nielsen’s PPM ratings survey. Saga stations here also include WJMR-FM (98.3) , WRNG-FM (106.9) and WJYI-AM (1340).
According to the original complaint then-Arbitron accused Saga stations of “widespread, open and notorious” use of the ratings data that is only available to those who pay for the service, of which Saga was not a subscriber.
The suit alleged that the station group used the data for sales, programming decisions and for a “bonus structure.” Management alleged referred to the system as “the Arbitron bonus.”
The inclusion of Saga stations in the survey should shake up the monthly ratings rankings. Industry observer Tom Taylor wrote that “it will be like “flipping the light on in a long-darkened hallway.”
In reality, however, ratings for Saga stations were always measured, just not reported.
Taylor previously reported that Saga’s $2.8 million increase in station operating expenses last quarter was due to “expectations of entering into license agreements” with Nielsen.
OFFICIAL COMPANY STATEMENT: Nielsen Audio Inc., (“Nielsen Audio”) has reached an agreement with broadcaster Saga Communications, Inc. and its affiliate, Lakefront Communications LLC (“Saga”) that resolves the legal action brought by Nielsen Audio, formerly Arbitron, for copyright infringement. The lawsuit was filed as part of an ongoing Nielsen Audio initiative to protect its intellectual property rights. As part of the agreement, Saga has taken a PPM license for its stations in Milwaukee-Racine, Wisconsin, Columbus, Ohio and Norfolk, Virginia. Saga also licensed Diary services in Des Moines, Iowa and Manchester, New Hampshire. This agreement protects Nielsen Audio’s intellectual property rights for audience estimates, data and software.
QUOTE (attributable to Matt O’Grady, EVP & Managing Director, Nielsen): “We are pleased to have reached this agreement and welcome Saga as a client. Nielsen looks forward to working with Saga in the years ahead to maximize the full value of their audiences through our industry-standard insights and customer solutions.”
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