DirecTV has escalated its ongoing dispute with Disney by filing a formal complaint with the Federal Communications Commission (FCC). The complaint, lodged on Saturday, accuses Disney of failing to negotiate in good faith over a critical distribution agreement. This move could leave millions of NFL fans in the lurch as the two companies struggle to reach a resolution.
In the complaint, DirecTV alleges that Disney’s negotiation tactics have breached the FCC’s requirements for good faith negotiations. According to DirecTV, Disney is demanding that DirecTV forgo any legal claims related to Disney’s past, current, or future competitive practices. These practices include Disney’s controversial bundling and minimum penetration requirements, which a recent federal court ruling deemed unlawful and harmful to consumers.
On August 16, a federal judge in New York temporarily halted the launch of Venu Sports, a new sports streaming venture backed by Disney, Fox Corporation, and Warner Brothers Discovery. This legal action was triggered by a lawsuit filed by Fubo, a sports streaming competitor. Warner Brothers Discovery, CNN’s parent company, is also involved in the case.
The dispute has already had a significant impact on DirecTV subscribers. Disney has removed its ABC stations, ESPN, and other channels from DirecTV’s lineup, affecting over 11 million subscribers. This blackout comes at a particularly inconvenient time, just as the presidential debate between Kamala Harris and Donald Trump is approaching, along with the final rounds of the US Open tennis tournament and the kickoff of the NFL season. ESPN, a Disney-owned network, holds the broadcast rights for “Monday Night Football,” and DirecTV subscribers may miss out on these games if the dispute isn’t resolved.
Disney has responded to the complaint by emphasizing its commitment to negotiating a fair agreement. A Disney spokesperson urged DirecTV to stop diverting attention and focus on reaching a deal that would restore access to Disney’s extensive lineup of sports, news, and entertainment programming. This includes the much-anticipated return of “Monday Night Football.”
Currently, DirecTV subscribers are unable to access Disney’s ABC stations in major cities such as New York, Los Angeles, Chicago, Philadelphia, Houston, and San Francisco, as well as smaller markets like Fresno, California, and Raleigh, North Carolina. The blackout also affects ESPN’s suite of channels, along with Disney Channel, Disney Jr., FX, and National Geographic.
The opening game of “Monday Night Football” this season features the New York Jets versus the San Francisco 49ers. Last year, the season opener between the Buffalo Bills and the Jets attracted a record 22.64 million viewers, marking the highest audience for ESPN’s Monday night broadcasts since it began airing the games in 2006.