Herald: sticking points in the Carr issue

[Dan Strassberg]

Just imagine if matching GM's offer were interpreted to mean that Entercom
had to provide Carr with the AM-drive time slot on an FM station that
transmiited from the top of the Pru with an ERP equivalent to 50 kW at 150m.
I think even Carr himself and Greater Media's attorneys could understand
that that would be going too far. (I believe that all of the stations on top
of the Pru belong to GM.)

However, one has to wonder what kind of job a talk host would do if he were
so embittered with the management he was compelled to work for. My guess is
that if Entercom were to prevail in court, Carr would find an approach to
his job that--especially in view of his "day" job at the Herald--would leave
Entercom with no alternative but to fire him and he would do so in a way
that would attract a tremendous amount of negative publicity for Entercom
and WRKO and positive publicity for himself and WTKK ;>)

--
Dan Strassberg, dan.strassberg@att.net
eFax 707-215-6367

----- Original Message -----
From: "A. Joseph Ross" <Joe@attorneyross.com>
To: "Roger Kirk" <rogerkirk@ttlc.net>; "Bob Nelson" <raccoonradio@gmail.com>
Cc: "BostonRadio Mailing List"
<boston-radio-interest@rolinin.bostonradio.org>
Sent: Thursday, August 30, 2007 4:47 PM
Subject: Re: Herald: sticking points in the Carr issue


> On 30 Aug 2007 Bob Nelson wrote:
>
> > Howie's demands could include: a morning show, on an FM signal that
> > doesn't fade at sunset, a signal where he isn't pre-empted by the Red
> > Sox, and a signal that doesn't have Finneran. WRKO can't match that
> > (only the first one could possibly be matched and that would be if
> > Entercom put talk on one of its FM signals)
>
> This, in turn, depends on how his contract defines "match an offer."
> If it does.  Usually we think of matching an offer as matching the
> money part of the offer.  If "match" includes the non-money aspects,
> it could be all over for Entercom.  But if not, or if the contract is
> ambiguous, there could be years of litigation ahead.
>
> --
> A. Joseph Ross, J.D.                        617.367.0468
>  92 State Street, Suite 700                Fax: 617.507.7856
> Boston, MA 02109-2004              http://www.attorneyross.com
>
>