Univision Loses Request to Halt Nielsen System

A judge Thursday de- nied Univision Communications Inc.’s request to halt next week’s rollout of a controversial new TV ratings measurement system in Los Angeles.

Univision, the nation’s leading Spanish-language broadcaster, wanted the judge to block Nielsen Media Research’s use of its “local people meters” system in Los Angeles, contending that the proposed sample audience underrepresented Spanish-speaking Latinos in the nation’s largest Latino market.

Los Angeles-based Univision argued that Nielsen was intent on releasing flawed and deceptive TV station ratings.

But Los Angeles County Superior Court Judge J. Stephen Czuleger was not convinced that the system would irreparably harm Univision or the region’s Spanish-speaking Latinos.

Univision, the judge said, failed to provide sufficient evidence that use of the local people meters was “unfair, unlawful or a fraudulent business practice.”

Czuleger also said he was troubled that Univision’s request for an injunction appeared to tread on 1st Amendment protections.

Blocking Nielsen’s planned conversion next Thursday to people meters could be considered a prior restraint on the release of ratings for all TV stations in Los Angeles.

The case is not over, however. The judge agreed to set a trial date next month.

Univision lawyers said they would push for a speedy trial.

“It’s hard to defend the proposition that these ratings are accurate,” said Univision attorney Michael C. Camunez.

Univision contends that Nielsen’s system will generate lower ratings for Spanish-language programs and that it could in turn lead to a loss of revenue for stations such as Univision’s flagship, KMEX-TV Channel 34.

Spanish-speaking viewers in Los Angeles also would suffer, the company says, because KMEX and other stations would have less money to produce local news and other expensive shows.

The lead lawyer for Nielsen, which is owned by the Dutch publishing firm VNU, dismissed Univision’s contentions.

“They are trying to hijack Nielsen because they don’t like what the viewers are saying about their programs,” attorney Larry Feldman said. “To the credit of Nielsen, they won’t cave in to the whims of one customer.”

Univision shares fell 27 cents to $31.66 on the New York Stock Exchange.