The Hollywood Reporter legal blog has a short analysis of Conan O’Brien and NBC’s contractual rights. NBC has argued that O’Brien’s contract says nothing about his show being broadcast at 11:35pm.
For years, O’Brien hosted a comedy show that was characterized (either explicitly in his deal or implicitly by anyone who has watched TV) as the second network show following the local news. In 2004, he agreed to wait five years and forgo the 11:35 timeslot and a hefty raise offered by other networks in order to be promoted in 2009 to the first show after the news. That was key to the deal, and there is tons of evidence showing Conan wanted “The Tonight Show” because it aired at a specific time. After fulfilling its promise five years later and signing O’Brien to the promotion he was promised, NBC seven months later decided to switch the first show into second position—and replace it with a show hosted by the exact guy who used to host the first show.
Even if NBC is right that “The Tonight Show” would still be “The Tonight Show” at 12:05, bumping Conan doesn’t really give him the benefit of the bargain he negotiated, does it?