• by Joe Mandese , March 5, 2010

Judge Paul C. Huck of the United States District Court for the Southern District of Florida has denied Nielsen Co.'s third attempt to dismiss an lawsuit filed by Sunbeam Television, owner of WSVN in Miami, claiming that Nielsen's October 2008 rollout of its local people meter audience measurement system in the Miami-Fort Lauderdale market has resulted in inaccurate program ratings and underrepresentation of segments of Miami's population.

The suit also claims that Nielsen knew about problems with the local people meters from its prior experience in other diverse markets, such as New York and Los Angeles.

Sunbeam claims that Nielsen's actions in launching a system that it knew to be inaccurate violate antitrust laws, Florida's statute forbidding unfair and deceptive trade practices and Nielsen's contract with Sunbeam.

Sunbeam has alleged that the move has been costing WSVN more that $1 million per month in advertising revenues.

The court's ruling allows Sunbeam to proceed in the case on all of its claims.