Arbitron Suing Alabama's Magic Broadcasting

RADIO ONLINE | Tuesday, November 29, 2011 | 9:22am CT

Arbitron is suing former subscriber Magic Broadcasting for copyright violations and breach of contract, saying the company used Arbitron data after the expiration of their agreement in March 2010. Known as Styles Broadcasting when it signed three Arbitron contracts in 2005, Magic's six-station cluster contracted for basic ratings in Dothan, Alabama, supplementary services and TAPSCAN products.

In one example of the alleged violations, Arbitron says one Magic station, WMKX, has been running promos thanking listeners for "making us the most-listened-to station in the Wiregrass." Arbitron insists that such a claim cannot be made without Arbitron data. It also claims that Magic tried to access Arbitron ratings from a former sister station in Panama City. A pre-trial conference has been scheduled with Judge Denise Cote in mid February 2012.