Clear Channel Communications has filed a $3 million countersuit against Infinity Broadcasting -- the Federal Communications Commission licensee of WXRK, the New York radio station where the Howard Ste
NEW YORK -- Clear Channel Communications has filed a $3 million countersuit against Infinity Broadcasting -- the Federal Communications Commission licensee of WXRK, the New York radio station where the Howard Stern show is produced -- and One Twelve Inc., which provides management services for the DJ.
The action, filed July 21 in U.S. District Court for the Southern District of New York (case no. 04-CV-5154), alleges breach of contract, stating that some of Stern's radio shows were not in compliance with federal regulations, as required in his contracts with Clear Channel.
The suit also alleges that the contracts stipulated that Clear Channel could not alter Stern's shows, making the company powerless to delete unlawful content before it aired.
Clear Channel dropped Stern's show from six of its affiliates several months ago.
One Twelve and Infinity hit Clear Channel with a $10 million breach-of-contract suit on June 30. That action claimed that Clear Channel broke contracts it had to air the Stern program in the six cities and therefore violated license agreements.
One Twelve and Infinity accuse Clear Channel of wrongfully failing to notify them that the show was being dropped, as required by the contracts. They also charge that they are owed license fees.
"The radio show was pulled because Mr. Stern and infinity refused to assure us that future programs would conform to the law," Clear Channel chief legal officer Andy Levin says in a statement. "That was a key term in the agreement, and we gave them every opportunity to make good on their word before we permanently retired the show. We simply weren't willing to put the future of our radio licenses in the hands of Mr. Stern or Infinity. Fortunately, our contract doesn't require us to do that."