Corpus Christi, Texas, will get its November Nielsen Media Research ratings book, minus numbers for KZTV(TV), after Texas District Court Judge Rose Vela late Thursday lifted a temporary restraining order on release of the book. That decision came after a four-day court hearing. The book was mailed out Friday morning.
In lifting the order, the judge said that there would be "no irreparable harm" to KZTV from releasing the book without its ratings, and that the station had breached its contract with Nielsen.
Nielsen excluded KZTV’s ratings from the November book after it ran news and sports promos featuring a reproduction of a diary. A no-no in Nielsen land.
With the book scheduled to go out this week and CBS affiliate KZTV facing exclusion from one of that network’s best books in a couple of decades, parent Eagle Creek Broadcasting President Brian Brady had made good on his vow to take the issue to court.
Eagle filed a breach of contract suit against the ratings company and got the restraining order. Eagle can continue to pursue its suit, though the judge’s opinion in releasing the order favors Nielsen, which filed a breach of contract and trademark infringement suit against Eagle Broadcasting in Federal court.
Brady said he was disappointed in the ruling but added: "We will survive this. We’re a fighter." He has not decided whether to continue to fight it out in court. "We will step back and consider our options," he said.