Posted on 07/10/2007 12:05:07 AM PDT by raccoonradio
WRKO appears set to launch an all-out legal battle to stop Howie Carr’s defection to its FM rival, but lawyers for the star talk show host say station executives bungled a key chance to keep him.
Carr’s contract, which is up in September, had a renewal option that gave Entercom the right to renew his contract for one more year by March 19, according to Carr’s attorney, Bret Cohen of Mintz Levin.
Cohen said Carr agreed to extend the deadline three times but Entercom failed to exercise its option to renew his contract.
Carr, a Herald columnist who has hosted a highly rated WRKO afternoon-drive show since 1994, stunned station executives yesterday when it was revealed he is jumping to WTKK 96.9 FM Talk.
“All they would have had to do was send us a letter saying we agree to extend his personal agreement for another year,” Cohen said. “And there’s likely not much we could have done about that. They frankly dragged their feet on that issue.”
Carr struck a five-year deal with WTKK to host the station’s 5:30 a.m. to 9 a.m. show. He is slated to debut Oct. 1.
But WRKO AM 680 spokesman George Regan insisted in a statement, “Howie Carr is under contract to Entercom.
“He is a tremendous asset to WRKO and Entercom has every intention of retaining his services for many years to come. Any report suggesting a change is incredibly premature,” Regan said.
Reached last night in Florida, where he is vacationing, Carr declined comment.
A two-decade veteran of WRKO, the local host known for his attacks on politicians and public-sector “hacks,” and his own run-ins with James “Whitey” Bulger’s mob henchmen will move from aftertoon-drive to the morning-drive slot, where he will replace disgraced syndicated host Don Imus.
Sources said WRKO program director Jason Wolfe was so angered by the news of Carr’s exit yesterday that he smashed a glass award sitting on his office desk.
Carr’s contract with Entercom contained both a non-compete and “right of first refusal” or “right to match provision.” The non-compete clause prevents Carr from going to work at any other radio or TV station within WRKO’s “city-grade” coverage area for 90 days, according to Carr’s lawyers.
The right to match provision purports to give WRKO the right to meet a competing salary offer within 180 days from any radio or TV station within WRKO’s coverage area. If Entercom matched an offer, Carr would have to stay at WRKO with the same undisclosed compensation as offered by WTKK.
But Cohen said both provisions are illegal and unenforceable under Massachusetts law. Cohen said there’s a state statute that “prohibits the enforceability of non-compete agreements and other post-employment restriction against individuals in the broadcast industry.”
“If it comes to it, we are prepared to litigate this issue,” Cohen said.
Kirk T. Schroder, an entertainment lawyer based in Virginia, said the deck appears stacked against WRKO. “As a general proposition, courts are loathe to prevent a person from pursing their livelihood and these types of provisions are given careful scrutiny,” Schroder said.
The move puts Carr head-to-head with his nemesis, former House Speaker Tom Finneran, whose morning show on WRKO has had dismal ratings.
“I can’t speak for everybody at WRKO, but I think there were some people who were kind of caught maybe a little bit by surprise by this,” said Finneran. “I don’t see it as a feud. I don’t see it as a battle. I am going to do my show, and I think the results will speak for themselves.”
Rush has occasionally had his staff on the air. The last time that I can remember him having his staff on the air was to sing “Happy Birthday” to him while giving him a Birthday Cake. It was very sweet (pun intended).
” I still feel bad. ...How many times a day can you listen to Un Bel di? “
Ditto on ALL counts! Including your handle!
Hey, I like P-town, and no. (No, I am not.)
Lotsa artsy-fartsy resort areas attract the Nathan Lane set, Key West, Mendicino, ... comes with the territory. You just have to be careful which bars you duck into.
I'm on the Libertarian leaning side of conservative, so I don't care what they do as long as they don't do it in the road and scare the horses. I admit I liked it better when the love which dare not speak its name didn't proclaim itself from every rooftop.
If we didn't have public schools and if the government would kindly disentangle itself from the current perverse (no pun intended) health care finance system, most of the public policy issues associated with homosexuality would evaporate.
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