We are also obligated to make substantial stock-based incentive payments under the agreement if we significantly exceed agreed upon year-end subscriber targets during the term of the agreement, or acquire material amounts of subscribers during the term directly and trackably through Howard Stern’s efforts. In addition, upon reaching an agreed upon number of subscribers, we will share a portion of the revenue we derive directly from advertising on the Howard Stern channels, and the revenue we derive from subscribers acquired during the term directly and trackably through Howard Stern’s efforts.”

Then, when Sirius paid Stern the accelerated payment, they said this in their Jaunuary 5, 2006 filing:

We have directed The Bank of New York, the transfer agent for our common stock, to issue on January 9, 2006 an aggregate of 34,375,000 shares of common stock for the benefit of Howard Stern and Don Buchwald, his agent. Pursuant to our October 2004 agreement with Stern, we agreed to deliver these share in December 2010, or earlier if as of the end of any fiscal year we exceeded agreed upon subscriber targets. Our December 31, 2005 subscriber total exceeded the subscriber target we agreed upon with Stern in October 2004. [Emphasis added]

Remember, Howard Stern has said he would rather quit entirely than take Fridays off. He has also said he wouldn’t want to work with someone like Bubba The Love Sponge. Yet now he has invited Bubba onto his very own channel, and is taking Fridays off left and right. So clearly there is a world of difference between what the man says and what he actually does.

They were not in competition. Howard worked mornings. O&A worked afternoons. They are not competing for listeners.

Not to mention they worked for the same Company.

I understand… but the bottom line is that Howard doesn’t like to be shut up (whether by CBS dump buttons or the FCC), yet he is shutting people up.

“I’m for free speech, but only when it comes to me.”

Let freedom ring.

When you’re talking about “free speech” in the sense of the FCC, you’re talking about government action. When Howard Stern is talking about “prohibiting” O&A from mentioning his name, that’s between two private parties and the Constititional right to free speech is not implicated. Stern freely admitted that it’s hypocritical in a sense. But remember, he was in competition with O&A.

Again, the relevant question isn’t if Letterman beat Leno on Monday night, it’s if Letterman’s ratings were higher than the ratings he gets on any other night. So far nobody has come up with those statistics. My guess is they did shoot up - not enough to beat Leno, apparently - but I bet it was an above average night for CBS. Anybody know what Letterman usually gets?

Stern admitting he put a gag order on the O&A:
http://www.doublewidz.com/ssfileupload/store/SternonHannity/Radio%20Wars%203%20O&A%20and%20gag%20order.mp3

Stern: “I believe in Censorship”
http://www.doublewidz.com/ssfileupload/store/SternonHannity/Radio%20Wars%203%20O&A%20and%20gag%20order.mp3

Letterman’s kind of worn out, never been much of an interviewer in the first place. I imagine he just slung the usual inanities at Stern, and Stern said what he came to say about Moonves. Hannity and Stern, on the other hand, were fascinating counterpoints — Hannity grilled Stern on his morality, and Stern grilled Hannity on his. Hannity is sympathetic to Stern in many ways, so it certainly wasn’t a hostile interview, either.

Mark, if Stern wasn’t so interesting, why did Hannity & Colmes’ ratings jump when Stern was on last week?

Mark, it’s because CBS did not promote Stern’s appearance on Late Night. Commercials for Monday’s show only promoted last year’s Idol winner.

Of course, that must be it. It couldn’t be that many people aren’t interested in Stern anymore?

FLASH: SIMON COWELL ON LENO EASILY BEATS HOWARD STERN ON LETTERMAN IN MONDAY NITE MEDIA MATCHUPS… NBC ‘TONIGHT’ 4.9 RATING/13 SHARE TO CBS ‘LATE SHOW’ 4.2 RATING/11 SHARE…