Judge Rules Former WDJQ Morning Duo Non-Compete Doesn't Apply On The Internet

DiFranco And DeLuca

An OHIO judge has ruled that non-competes from on-air stations don't apply online. After a hearing in the STARK COUNTY Court of Common Pleas, Judge CHARLES E. BROWN, JR., denied a request by DA PETERSON Top 40 WDJQ (Q92)/CANTON, to issue a temporary injunction shutting down the webcasting of "The DELUCA Show" on the Internet. The show is streamed only on the Internet and is hosted by PAT DELUCA and co-hosted by CHARLOTTE DIFRANCO.

DELUCA and DIFRANCO were previously co-hosts of the "DELUCA In The Morning" show heard on Q92. Their employment contracts with the station expired on FEBRUARY 2nd, 2012, after unsuccessful negotiations to reach a new agreement.

After their contracts expired, DELUCA and DIFRANCO created a website and an online stream of their own live and recorded material that can be heard at www.theradiosucks.com. Q92 sued, claiming that a non-compete provision survived the expiration of their contracts and prevented the co-hosts from streaming a show on the Internet for one year.

The co-hosts' attorney, STEVE OKEY, argued that the non-compete language only prohibited DELUCA and DIFRANCO from running a business that was "the same or essentially the same as a commercial radio station." OKEY argued that the Internet is completely different because it does not use the public airwaves, requires no FCC license, is not regulated by the FCC, and has no geographic limits like the radio station’s 60 mile transmission radius.

"We are very thankful for the opportunity to present our side to Judge BROWN," said OKEY. "DELUCA and CHARLOTTE just want to move forward with their Internet show and their new business, while still honoring the previous contract."

DSN Signs Distribution Agreement With TuneIn

In other news from PAT DELUCA, DSN (DELUCA SHOW NETWORK), has signed a three-year distribution agreement with TUNEIN NETWORKS. Based in PALO ALTO, CA, TUNEIN is a stream aggregation company looking to get into the distribution of original internet based content. They offer an app for a variety devices such as the iPHONE, iPAD, ANDROID and BLACKBERRY platforms.

"We are thrilled to be offered a chance at TUNEIN's new venture to distribute digital content rather than just aggregate," said DELUCA. "We're being looked at as pioneers of Internet-only audio content, and we’re proud to partner with a company that shares our vision."

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