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From today’s Herald, by Jessica Heslam
Howie: Let Me Be Heard—On WTKK
Off the air for nearly a month, Boston talkmeister Howie Carr is set to ask a judge today to reconsider an earlier decision, and clear the way for him to become the new morning drive host at WTKK (96.9 FM).
Carr, a Boston Herald columnist, has been embroiled in a legal battle with WRKO (680 AM) since he announced in July that he struck a deal - worth up to $7 million - with the rival station.
WRKO executives matched WTKKs offer, and say that because they did so, the popular radio host is obliged to work for them until 2012.
While WRKO continues to tout Carr as their host, Carr is eager to start working at the Greater Media Boston-run WTKK and sources say he recently took part in a group photo session with other WTKK hosts for the stations new lineup.
Last month, Suffolk Superior Court Judge Allan van Gestel said the non-compete clause in Carrs WRKO contract was illegal but the provision in the contract that gives the station the right to match a competitors salary is valid.
The judge didnt rule on whether Carr is obligated to stay at WRKO for another five years, however.
Carr, who has been off the air since his WRKO contract expired Sept. 19, has filed an emergency motion for reconsideration, saying the right-to-match provision is illegal. WRKO is asking for a preliminary injunction, asking the court to ban WTKK from talking with Carr and from making any public statements about him until 2012.
In court papers, attorneys for Greater Media Boston said the requested injunction would impose an improper prior restraint on its constitutionally-protected right to freedom of speech.
A hearing on the motions is scheduled for today. Carr declined comment yesterday.
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