Imus: XM or Sirius?

[MannyGoldstein]

Or Clear Channel? Or...?

:shrug:

[PresidentObama]

1. I'll guess.......XM....?? n/t

[stellanoir]

2. Weren't XM and Sirius talking about merging sometime soon?

[jojo54]

10. Yes, I heard something about it a week or so ago.

I don't think they're merging 100%, so I can't really say for sure what's going on.

[stellanoir]

11. If memory serves. . .

I think it was pending FCC approval. Could take a long time.

[iamthebandfanman]

17. i doubt they will

i dount they'll approve it right ?
i mean, it would create a monopoly on satalite radio so that means they wont right?

[stellanoir]

19. That's certainly the argument against it

but I wouldn't put it past the corporatists to do it anyway.

Happy fascism!!!. . .and all ya know. . .?

Ughhh

[Ignacio Upton]

36. It would create a monopoly

However, satellite radio competes with other music mediums, such as terrestrial radio, ipods/podcasts, and internet streaming radio. They won't have the same incentive to jack up rates like other monopolies do...I hope, anyway,

[Bentcorner]

3. Neither. He will still be getting paid from CBS and MSNBC.

Just because he was "fired" doesn't mean he wont continue to get paid until the duration of his contract expires. He just wont be on cable TV or the radio airwaves. The only way for him to go on to XM or Sirius, he would have to get out of his contract with CBS.

[Ganja Ninja]

4. I'm not so sure about that.

He probably has some clause in his contract about improper conduct on the air that is cause for his termination without pay.

[Bentcorner]

7. Improper conduct?

He didn't break any FCC rules. He didn't break any CBS Radio or MSNBC rules. He has said far worse then the comment about the Rutgers women.

[lapfog_1]

12. No, but I'm certain that CBS and NBC both had employee

conduct rules (rules about sexual speech and conduct) that were likely part of his contract (even if in the unenforced fine print). I doubt he gets to collect on the balance of the contract, at best he might be able to negotiate a settlement. As for XM or Sirius... it won't matter, they are merging. And I think the mega deal that was struck with Howard is going to make them a bit gun shy about another aging shock jock, especially one that can't attract advertisers right now.

[Bentcorner]

15. Sexual speech? Did you even listen to what Imus said?

Nothing he said was of a sexual nature. He will collect every penny of his salary. Just like Opie and Anthony did when they were "fired" from CBS radio.

[lapfog_1]

25. Yes, he called some females basketball players "ho's"

nappy headed ho's (both racist and sexist).

ho is slang for whore which is slang for prostitute. I'm pretty sure that if you arrive at work today and call every woman you meet a "ho", before the end of the day you will find yourself in the HR office and likely out the door.

What part of that did you miss?

[Bentcorner]

30. I missed the part where it was sexual. That's not the same thing as sexist.

I don't refer to women as "ho's" in my job, but I'm not a shock jock.

[lapfog_1]

31. Sexist speech,

So, you are simply nitpicking. I said rules on conduct and sexual speech, and because Imus didn't say "Fuck those ho's" you are taking the position that it's NOT sexual speech. You are right. Big fucking deal. It's still speech prohibited in a work environment. This isn't a freedom of speech issue, it's a employee conduct issue.

Imus is a shock jock... or at least he started out that way. But I've watched Imus quite a bit, and most of his show was either humiliating his sports guy, mumbling incoherent things about the days events, stupid skits with hack impersonators, and, more often than all the rest, phone interviews with NBC pundits and his pet politicians (some of whom are important). Very rarely (except for the humiliation part of the sports segments) was there any "shock jock" type material on. Regardless, shock jock or not, radio personality or not, I'm sure his conduct is covered by the various policies enforce at his employer companies. And he COULD be terminated for cause by violating those policies. He doesn't have a legal leg to stand on.

[Bentcorner]

33. I'm not being nitpicking. There are actual FCC rules against content of an overly sexual

nature on the radio. That is why Stern was fined by the FCC so many times before leaving regular radio and going over to Sirius. There are no laws against saying something sexist. If you are trying to argue that Imus had rules that prohibited him from making sexist (or even racial) jokes, go ahead and submit it. I would love to see it.

Don't try to take your own specific workplace rules and try argue that they are applicable to someone with a radio show.

It's important to note that CBS never actually stated that they were "firing" Imus. They only stated that they will "cease broadcasting the Imus in the Morning radio program, effective immediately, on a permanent basis."

Not broadcasting is not the same thing as not paying.

Unless they buy out his contract - which they may try to do - he is still under contract with them and cannot go and work for any other radio company. The same applies to MSNBC. That is why he did his last radio show from the studio of MSNBC. He is still under contract with MSNBC.

[lapfog_1]

39. I never suggested that Imus violated FCC.

It's interesting that you seem to know that there aren't standard codes of conduct language in his contract because "they aren't applicable to someone with a radio show". My guess it that they are there (possibly in some standard boilerplate language as "adhering to all rules and codes of conduct specified in XXX".

They aren't going to tell us if his contract was terminated for cause or purchased or something else.

But I bet he doesn't get all the money.

[trumad]

16. FCC rules don't mean shit

If it was improper for CBS or MSNBC, that's all it takes.

[Bentcorner]

18. Really? Practiced a lot of contract law have you?

[trumad]

21. I tell you what I am good at....

and that's seeing right through a newbie like you.

Dude---you're obvious.

[Bake]

23. Unless you've actually SEEN the contract, don't speculate.

Contracts can be notoriously hard to construe even when you've got a copy of it in front of you. I wouldn't speculate on what is or is not in the contract.

And yes, I **am** a lawyer.

Bake, Esq.

[trumad]

24. Agreed.

[Bentcorner]

27. So answer me this message board lawyer, can you point to one

other radio jock that was "fired" that actually lost his or her paycheck?

[Bake]

34. Like I said, I can't speculate.

It would have depended on the terms of their respective contracts, which I have not seen.

And I'm not a "message board lawyer," by the way, whatever the hell that is. I'm admitted to the bar in two states. My posts here should never be construed as giving legal advice.

Bake, Esq.

[Bentcorner]

35. I'm not asking you to speculate.

I'm asking you to name at least one other radio personality that was "fired" who didn't continue to be paid. When these DJ's are "fired" because of public outcry, they still get a paycheck. It's only a PR stunt. It ends up costing them a lot of money because not only do they have to pay the DJ that is replacing the old show, they have to continue paying the other DJ.

Since you talked about being a lawyer on a message board, I inferred that you were a message board lawyer. Not that I remember anyone asking you if you were one. A lawyer that is.

[Bake]

37. Then let me put it this way.

First, I don't personally know of any media types who got fired who weren't paid out the balance of their contracts. Second, I didn't see their contracts either. Most contracts have provisions which govern the termination of those contracts, and set out the respective obligations of the parties, if any, upon termination, as well as the reasons for which they may be terminated. If a contract is terminated for some reason other than "cause," it would not be unusual for the terminating party to have to pay out the balance of the contract.

That may or may not be the case with Don Imus' contract. If I **had** to speculate, I'd speculate that he's going to be on the CBS and MSNBC payrolls for some time to come. But it would be just that -- speculation.

Happy now?

Bake

[Bentcorner]

26. Did I ask you what you were good at? I would also point out

that I haven't called you (or anyone else here) names.

[Bentcorner]

32. Didn't call me a name? You called me a "newbie". It was a way for you

to discredit my views or my opinions. As though I'm "new" so in a way insignificant. It's a condescending remark that frankly is not necessary.

[Buzz Clik]

5. Give a shit , or don't give a shit?

[Tesha]

6. Won't matter: they're merging. (NT)

[xultar]

8. No not yet. They can't sign him until after the merger. Signing Imus could

derail the merger.

[Malikshah]

9. Listening to Howard yesterday morning--to get his views on the subject...

Not sure he'll be terribly welcoming-- but as the merge will go through...

Stern holds more clout with Sirius, XM-Sirius, or whatever they'll call it than Imus.

Imus was 18th in ratings, Stern--just a bit more ;)

[maveric]

20. Stern and Imus have hated each other for 30 years.

And if Howard has the pull that I think that he does at Sirius, Imus wouldnt be allowed through the front door.

[slj0101]

38. He might make him beg for a job on-air

like he did with John DeBella back in the early 90's. :)

[AlinPA]

13. Seems he would have a lot of supporters cheering him on Fox "News"

[monmouth]

14. Imus recently signed a five-year contract. He and Stern hate each other... n/t

[Renew Deal]

22. I doubt he wants to retire this way.

But maybe.

[soothsayer]

28. since he has zero listeners, subscriber radio won't want him. he brings

nothing to the table.

[KharmaTrain]

29. Neither Can Afford Him...In Several Ways

I heard an anaylist discuss this the other day and brought out a couple important points.

First is the pending merger of Sirius and XM. It's already tangled in sorting out the financial mess of tons of red ink and are in no position to pony up any more money at this point until the status of the merger is determined. In essence there's a hiring freeze at both companies, and a good chance there will be a downscaling at one, if not both services if a merger is approved to free up cash...but that's months and maybe years down the road...and that is if the merger is approved.

The merger is gonna face tough government investigation and the last thing they want is an Imus mess hanging over it. CBS has a vested interest in how this merger goes, both as an owner of stations and purveyor of programming and there's no upside here. Fiancially, it's an even bigger gamble. Howard Stern has yet to return the investment made in him and it's doubtful Imus would have anywhere near the subscriber appeal Stern does. The investment would come at a price of protests and tons of negative press as well.

I expect Imus will do something similar to what the infamous "Greaseman" has done. He'll probably head off to the ranch for a while, but then return locally to the NYC airwaves...back but in a far diminished role...but his days of being widely distributed are over. To use the Broadway analogy: He's Box Office Poison.