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Clear Channel, Howard Stern withdraw lawsuits
February 24, 2005 L.A. Lorek
Express-News Business Writer
MySanAntonio.com In an end to an acrimonious relationship, Clear Channel and radio shock jock Howard Stern have agreed to withdraw their lawsuits related to Clear Channel removing Stern's show from its radio stations.
"We are pleased to resolve this contractual dispute with Howard Stern without further legal expense and delay," Andy Levin, Clear Channel's executive vice president and chief legal officer, said in a news release. "Today, Clear Channel stations are entertaining listeners without being indecent, and we intend to keep it that way."
Stern did not issue a news release, and e-mail and phone messages left this afternoon with Howard Stern's agent Don Buchwald have not yet been returned.
Last July, One Twelve, Stern's company, and Infinity Broadcasting East Inc., which syndicates his show, filed breach-of-contract lawsuits against Clear Channel seeking $10 million in damages.
Stern claimed Clear Channel broke its contract with him when the company didn't notify him before pulling his shows off Clear Channel's network.
A few weeks later, Clear Channel countersued Stern and Infinity, claiming breach of contract and demanding more than $3 million in damages.
Clear Channel claimed Stern broke his contract with the radio station company because he violated Federal Communication Commission indecency rules. Clear Channel dropped Stern's broadcasts from its airwaves after receiving complaints about Stern's explicit discussion of sex and body parts on his show.
Clear Channel stopped airing the Stern Show in February 2004 as a result of repeated federal indecency violations.
Last year, Clear Channel agreed to pay the Federal Communications Commission a $1.75 million fine to settle indecency charges pending against the company. At the time, Clear Channel faced complaints concerning 200 broadcasts, including on-air remarks by Stern.
In addition to announcing the Stern agreement, Clear Channel criticized the federal government's regulations concerning radio content, compared to other media outlets.
"Congress and the FCC should be troubled that the current law unwittingly creates a safe haven for indecent programming on other media platforms, including satellite radio, Levin said. "Unfortunately, these outlets are fast becoming the wild west for sexually explicit programming. The law needs to catch up to the technology," Levin said, "or our children will be the ultimate victims."
Last year, Stern announced plans to leave his traditional radio show to join Sirius Satellite radio.
During an interview with David Letterman in November, Stern blamed Clear Channel for the problems in radio today. Stern also claimed Clear Channel censored him because of his outspoken criticism of President Bush.
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