Sarah Ottney at The Toledo Blade reports Zepeda and his attorney, Beau Harvey, said they disagree and have no intentions of stopping the show.
Zepeda referred questions to Harvey, but said via text, “The only thing I can say is I will address it tomorrow morning at 7:30 on my show on the ‘Toledo’s APP Station’ phone app.”
Spaulding, who said the notice was filed Feb. 25, declined to share specific details of the former host’s contract with the station, but said Zepeda’s new show is “a direct violation” of several sections.
“I can’t speak specifically to his agreement, but typically an on-air personality like Mr. Zepeda or anyone that would be on this station or any station would typically have a noncompete, nonsolicitation and nondisclosure agreement within their contract that would last for a period of time after their separation,” Spaulding said. “Typically its engaging in any type of competitive business whether on-air, online or any of the like within a certain radius of where he or she was previously employed.”
“We don’t believe that the noncompete applies to Web radio and we’re pretty adamant about that,” Harvey said, pointing to a precedent set by a similar case in Stark County, Ohio, in which a judge differentiated between the Web and an FCC-licensed radio station.
Zepeda’s new show debuted 6:30 a.m. Feb. 25 on a free smartphone app called Toledo’s APP Station. It airs live 6:30-9:30 a.m. Monday-Friday and replays in a loop all day afterward.