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Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

Feinburg ended the show tonight with "Howie will be back tomorrow". yeah, right. (And had it not been
for that WTKK statement saying he would not be on THEIR airwaves tomorrow, I could have said,
"Yeah, but on what station?"

You may still hear him on WRKO--on the recorded ads, that is. (Paid accounts, gotta run 'em...like
when Severin's Counter Top Shop ads still ran during HIS limbo period. btw Howie said in the Ch 4
interview he'll be listening to Severin in the afternoon. not 'RKO! (He coulda said "Hannity"/WTTT
but I think he was being true to his new station)

Agreed, Casa.
And if he does manage to temporarily go behind the 'RKO mike again it would indeed be fun to hear
him rip them,etc
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

The facts.

1. Entercom had the right to match any offer that was given to Carr, and has done so.
2. The non-compete clause is not legal in Massachusetts, so Carr should be able to work for WTKK if he becomes available.

It seems to me there are only three ways this can be resolved.

1. Carr continues to work at WRKO for the full run of his contract.
2. Carr breaks the contract and can now be sued by Entercom for breach of contract.
3. Carr and Entercom agree to terminate the contract.

Option 2 opens Carr up to a potentially huge lawsuit, so he'd be crazy to do it.
Option 3 makes no sense for Entercom, since they have nothing to gain by settling.

Seems that only leaves option 1.

It will be interesting to watch this. Carr may end up spending many unhappy years on WRKO. If he starts mouthing off about the station or management while on the air, this too could open him up to contractual problems.

If WTTK wants to have some fun, they could start running promos about how they're the only talk station in town that doesn't have to force their talent to show up for work.

I'm not sure it this would have worked or not, but if I had been Carrs' lawyer, I would have put together a contract with WTKK that would have given either party the option to terminate the contract with 24 hours notice. Since WRKO would have had to have given Carr the same deal to keep him, once the new contract went in to effect, he would have been able to give notice and be a free man 24 hours later.

- Al
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

He'll try to appeal or poss. may try the "breach of contract route". Will 'RKO lose big ad bucks
without Howie? (Similarly, how long could that D&C lockout have lasted...)
With no Howie and a Felon in the morning, and the Sox not lasting too much longer, the ratings
could really dry up. As with the ad billings. Howie takes 6 months off: do you want to buy time
on the Not Howie Carr show?

Say something nasty about Wolfie or Kahn on the air, Howie; get fired, and move to 'TKK...
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

He'll try to appeal

He better win, then. If not, he can set the navigation system in his SUV to 20 Guest Street, or his own home, for the next five years.

or poss. may try the "breach of contract route".

Since the court has ruled his Artist Agreement is legally in effect, what's he going to plead, that he's in breach?

Will 'RKO lose big ad bucks without Howie?

I would assume so. As will Howie.

(Similarly, how long could that D&C lockout have lasted...)

Not very long, since they had nowhere to go but home or WEEI. WEEI was still billing in AMD because it is a numbers buy.

With no Howie and a Felon in the morning, and the Sox not lasting too much longer, the ratings
could really dry up. As with the ad billings. Howie takes 6 months off: do you want to buy time
on the Not Howie Carr show?


I think there are still ads running in PMD on WRKO. But, let's say that somehow Carr is able to take 6 months off. He goes to the 'TTK, which is in ratings freefall, casually mentions to the GM that he's going to skip the fall and winter books. Do you think that WTKK is going to stick with AMD fill-ins until they reach #25 in the market? They expected him to start in the fall. So they decide, since Howie screwed this up all by himself, to find a permanent AMD guy and sues Howie to get out of their deal since Howie blew it by his own negligence. So now Howie is without a 'TKK deal and is sitting at home without pay. Yep, he sure showed those WRKO suits who was boss.


Say something nasty about Wolfie or Kahn on the air, Howie; get fired, and move to 'TKK...

Or get suspended without pay. You'd probably be surprised at how things that sound really clever on a message board just don't play as cleverly in front of a judge...

"Mr Carr, are you aware that the court has ruled that your Artist Agreement with WRKO is still in effect?"
"Yes, your honor, I was, but I thought you were only kidding, especially since you didn't realize how mean Wolfe and Kahn were to me."
"30 days"

(As they say in the Geico ads, the above was a dramatic reenactment, exact wordage may vary.)

Now, what part of the following don't you understand....

“What Carr could not do is what he did here: receive and accept an offer from Greater Boston Radio Inc. before his Artist’s Agreement had terminated,” the judge wrote.......“The Artist’s Agreement still has not been terminated by Entercom, or by mutual agreement of Entercom and Carr, or by the expiration of the Agreement itself,”

What Carr did, in his desire to stick it to Entercom, and show everyone how much smarter he was then those 'idiots' Wolfe and Kahn, was to screw himself. You knew Haslem was blowing smoke but bought into it anyway (notice how that all-important trump card 'Wolfe neglected to get his contract in writing" that the pundits used as Exhibit 1 turned out to be a meaningless joker rather than an ace?), and the BS red herring that the non-compete (which everyone who could read Mass law knew was a dead letter) was at the crux of the matter. It turned out Wolfe knew Howie's contract better than Howie did.

Now, you may think that judge was fooling, but most of the ones I know tend to take themselves, and their rulings, pretty seriously.

All Carr had to do was keep his mouth shut and ride out what was left of his contract, and he would have been on WTKK this morning. Instead, he's racking up gigantic legal bills so he can take a job with a cut in pay, and subjecting his fans to the spectacle of their 'conservative icon' petitioning the courts to save him from his own folly.

My gawd, Rac, you're in the business. Put down the Kool-Aid long enough to think this through.

Regards,
TSB
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

Business? I'm in college radio (for only 26 years). How much have I made? It's like that cereal: Nut'n'Honey!
But yeah, I am in radio technically.
Good points and it is true he could have kept his mouth shut.
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

TSBench said:
I think there are still ads running in PMD on WRKO. But, let's say that somehow Carr is able to take 6 months off. He goes to the 'TTK, which is in ratings freefall, casually mentions to the GM that he's going to skip the fall and winter books. Do you think that WTKK is going to stick with AMD fill-ins until they reach #25 in the market? They expected him to start in the fall. So they decide, since Howie screwed this up all by himself, to find a permanent AMD guy and sues Howie to get out of their deal since Howie blew it by his own negligence. So now Howie is without a 'TKK deal and is sitting at home without pay. Yep, he sure showed those WRKO suits who was boss.

just because ads run doesn't mean wrko can still charge higher rates without howie...he was trying to make a point that revenue drop will happen with howie gone but he didn't say the ads will stop running...granted, he's not the brightest bulb around here but he even gets what's happening...

technically, if wrko hires a new permanent host for pmd howie's deal is terminated...all he has to do is to be part of the furniture for another month or two and he can walk to wtkk...his first column after he's officially terminated by entercom
should be a beauty....
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

Business? I'm in college radio (for only 26 years). How much have I made? It's like that cereal: Nut'n'Honey!
But yeah, I am in radio technically.


IIRC, the public spirited Chris Lydon was knocking down close to 200 large a year at the UMASS Lowell radio station,. I think he would have said 'But, yeah, I am in business technically" ;D

Regards,
TSB
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

What is there to preclude WTKK offering Howie One Dollar more than Entercom now that Carr's contract with WRKO has ended?
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

If WRKO matches the original offer from 96-9, which they've done, that means they have retained Howie's services for another how ever many years the original contract was for.

That's my unprofessional reading. I'm not a lawyer.
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

If WRKO just has to match the new offer, which has a lower base salary and higher variable comp based on ratings, is it possible that if Entercom prevails in court, Carr could end up earning less money than before? (technically).
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

I cannot imagine that Enercom would want Howie Carr badmouthing their idiots like Julie Kahn and Shorty everyday. They are such fools and easy targets that Howie would have a field day.

Better they come to a mutual agreement to move on.

Howie should be able to get the best deal he can like him or not.

That is the best of the free enterprise system. Indentured Servitude went out a century and a half ago or more. Time for Entercom - even in its corrupt stupidity to at least enter the beginning of the 20th Century.
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

>>If WRKO matches the original offer from 96-9, which they've done

Would they have to match the incentives part of the offer from WTKK, the one in which in the unlikely
circumstance he triggers every single one, he would make $7 million? His offer from 96.9 would be
lower as a base salary, and they can match that. Can they match incentives?

http://www.savewrko.com/archives/2007/08/howie_carr_the.php

How about morning drive, no Red Sox pre-emptions, FM signal, "younger audience", etc. Can they
match that?
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

Casa - Wolfe and Kahn are highly successful, have strong ratings track records (excepting WRKO so far) and are very respected in the industry. If either was to leave Entercom they would be gobbled up in a minute by any number of competitors. Deal with it.

If (big IF) Howie ends up back at WRKO, you can bet he will act professionally and not engage in any of the nonsensical activities suggested on this thread. Howie too is a pro.

If Howie moves to WTKK, he would be foolish to start a war of words with Entercom because it probably won't be compelling radio, but even if he did choose to, the other Entercom platforms (WEEI, Hill-Man Morning Show) could make a joke of him as well. If he ends up at WTKK, I hope bygones can be bygones. As Trump says, it's not personal, it's just business.

Right now, while Entercom has prevailed in court, there are no winners since Howie is off the air.
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

Kahn and Wolfe's failure at WRKO is enough! Don't let the door hit you both on the way out to the unemployment line. They ruined a once successful station.

What station owners would want them to do the same thing to their frequency

Dark Knight said:
Casa - Wolfe and Kahn are highly successful, have strong ratings track records (excepting WRKO so far) and are very respected in the industry. If either was to leave Entercom they would be gobbled up in a minute by any number of competitors. Deal with it.

If (big IF) Howie ends up back at WRKO, you can bet he will act professionally and not engage in any of the nonsensical activities suggested on this thread. Howie too is a pro.

If Howie moves to WTKK, he would be foolish to start a war of words with Entercom because it probably won't be compelling radio, but even if he did choose to, the other Entercom platforms (WEEI, Hill-Man Morning Show) could make a joke of him as well. If he ends up at WTKK, I hope bygones can be bygones. As Trump says, it's not personal, it's just business.

Right now, while Entercom has prevailed in court, there are no winners since Howie is off the air.
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

What is there to preclude WTKK offering Howie One Dollar more than Entercom now that Carr's contract with WRKO has ended?

The terms of the Artist's Agreement that Howie signed.

Regards,
TSB
 
Re: Bulletin !!!! Mixed Ruling Against Howie Carr !!!!

Well, Howie should be able to get out of that pretty easily. There is absolutely no evidence that he is an "Artist." ;)


TSBench said:
What is there to preclude WTKK offering Howie One Dollar more than Entercom now that Carr's contract with WRKO has ended?

The terms of the Artist's Agreement that Howie signed.

Regards,
TSB
 
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