LOS ANGELES (YBH.ME) - UPDATE. Jay at 11:35 and Conan at 12:05 is not settled after all, much to the worry of NBC execs who have been shooting themselves in the foot over the “Tonight Show” changes since June 2009.
Conan was promised the slot and got it, since Jay was moving to 10 p.m. The 10 p.m. show is in the ratings cellar and is canceled as of February 14. Conan O’Brien released a statement today which made clear he does not approve of the 12:05 start time for the “Tonight Show”. According to Nicki Finke’s “Deadline Hollywood”, Conan is due a $60 million payout if he is not given the agreed-upon slot and no compromise is reached. He is not contractually obligated to make it work, much as NBC would wish him to.
If nothing else, this is about who out-lawyered who, because if there’s one thing a lawyer is supposed to think of in a contract, it’s contingencies. NBC agreed to a very big penalty for reneging, and Conan’s folks did not get the time slot for the “Tonight Show” agreed to in the contract, letting its start time be presumed and understood, not written in.
Fleeing to Fox is not as good an out as it may seem, as it will likely dilute late night audience share and make for no clear winners, as far as selling late night ad time.
Wags have suggested that unless the White House’s Rahm Emanuel (brother of Conan’s agent) gets the Justice Department to stop the Comcast deal until Conan gets 11:35 back, he may be out of luck.


