Family Feud

Carson and NBC go to court

Not since Fred Allen and Jack Benny went at each other on the radio has broadcasting seen such a feud. But whereas Allen and Benny were friends who fought for laughs, Johnny Carson and NBC President Fred Silverman are in earnest. The outcome of their battle will affect both men's careers and the immediate future of an ailing NBC. Last week they took their dispute to a Los Angeles judge, who must decide whether Carson has a valid contract with the network.

Carson says that he does not. Basing his case on a California law barring certain personal contracts from being extended beyond seven years, he claims that he has in fact been a free agent since last April--seven years from the signing of his 1972 pact. NBC asserts that there have been three separate agreements since then, the last of which not only gave Carson more money but reduced the hours he has to spend as host of the Tonight show.

He has legally bound himself to NBC, the network contends, until April 1981. Network sources also say the contract stipulates that he not do a talk show for anybody else for a year after that. To settle the argument quickly, both sides have taken advantage of a legal short cut and submitted their case to retired Judge Parks Stillwell. Even so, his decision may not be ready for several months.

For third-place NBC, and for Silverman in particular, the outcome may be crucial. The Tonight show is reported to bring in 17% of the network's pretax earnings, and it is a special prize for the affiliates, which can sell 50 minutes of local commercials on the show each week, compared with only 33 minutes for all of a week's prime time. If Carson, NBC'S top star, jumps to another network, presumably first-place ABC, more of NBC'S affiliates may abandon Silverman's leaky ship.

The troubles really started when Silverman arrived at NBC in June 1978. For years the network had taken care to soothe Carson, and Senior Vice President Dave Tebet provided him with champagne, flowers, limousines and all the other things a supercharged ego needs. Tebet left in the reshuffle after Silverman took over, and the Dom Perignon was forgotten. Carson was further annoyed when the new president, in an appearance on his anniversary show, was tongue-tied on-camera. He was infuriated when Silverman later prodded him publicly to appear on the show more often.

Executives at ABC, by contrast, were exuberant in their praise after Carson's performance as host of the Academy Awards on their network in April, and they gave him an expensive ostrich-skin attache case. Last June, Carson, vacationing on the French Riviera, found himself staying at the same hotel as ABC Executives Elton Rule and Fred Pierce. They went sailing, and Carson told friends that he developed a fast rapport with the men from ABC.

Even if NBC wins the court case, it may find that a disgruntled star is worse than no star at all. Carson has taken to using his show to ridicule the network. "NBC is kind of desperate,: he told his audience last week. "I understand that for every NBC show you watch, you'll get a $400 rebate."It was one of his funniest lines, but it doubtless caused little laughter in the Silverman household.

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