DirecTV-Disney blackout struggle will get extra heated

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The deadlock between DirecTV and Disney over a brand new carriage settlement has change into extra heated because it entered its second week.

DirecTV filed a grievance with the Federal Communications Fee on Saturday evening accusing Disney of negotiating in unhealthy religion.

Disney channels, together with ESPN and ABC-owned stations in 9 markets, have been off DirecTV because the night of Sept. 1. That meant DirecTV prospects have been blacked out from viewing most school soccer video games and the ultimate week of the U.S. Open tennis event, together with the ladies’s and males’s finals.

DirecTV has 11.3 million subscribers, in keeping with Leichtman Analysis Group, making it the nation’s third-largest pay TV supplier.

ABC and ESPN could have the “Monday Night Football” opener between the New York Jets and San Francisco 49ers. ABC will even produce and carry a presidential debate between Kamala Harris and Donald Trump on Tuesday in Philadelphia.

ABC-owned stations in Los Angeles; the San Francisco Bay Space; Fresno, California; New York; Chicago; Philadelphia; Houston; and Raleigh, North Carolina, are off DirecTV.

Moreover all ESPN community channels and ABC-owned stations, Disney-branded channels Freeform, FX and Nationwide Geographic channel are darkish.

DirecTV says in its 10-page grievance that Disney is violating the FCC’s good religion mandates by asking it to waive any authorized claims on any anticompetitive actions, together with its ongoing packaging and minimal penetration calls for.

DirecTV has requested Disney for the choice to supply customers with cheaper and skinnier bundles of programming, as a substitute of larger bundles that carry programming some viewers won’t be involved in watching.

The grievance states: “Along with these anticompetitive demands, Disney has also insisted that DirecTV agree to a ‘clean slate’ provision and a covenant not to sue, both of which are intended to prevent DirecTV from taking legal action regarding Disney’s anticompetitive demands, which would include filing good faith complaints at the Commission. Not three months ago, however, the Media Bureau made clear that such a demand itself constitutes bad faith.”

DirecTV CEO Ray Carpenter mentioned throughout a convention name with enterprise and media analysts on Tuesday that they might not conform to a brand new carriage take care of Disney with out bundling modifications.

“We’re not playing a short-term game,” Carpenter mentioned. “We need something that is going to work for the long-term sustainability of our video customers. The resolve is there.”

Disney has claimed because the blackout started that mutual launch of claims is normal observe after licensing agreements are negotiated and agreed upon by the events. It has additionally had one with DirecTV below its previous renewals.

A Disney spokesperson mentioned: “We continue to negotiate with DirecTV to restore access to our content as quickly as possible. We urge DirecTV to stop creating diversions and instead prioritize their customers by finalizing a deal that would allow their subscribers to watch our strong upcoming lineup of sports, news and entertainment programming, starting with the return of Monday Night Football.”

Final 12 months, Disney and Constitution Spectrum — the nation’s second-largest cable TV supplier — have been concerned in an almost 12-day deadlock till coming to an settlement hours earlier than the primary Monday evening NFL sport of the season.

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