Troubling situation arises for 'Monday Night Football': DirectTV lodges FCC complaint against Disney, leaving certain NFL spectators in obscurity
Disney has gone against the FCC's principles of fairness by making any licensing agreement contingent on DIRECTV renouncing any legal disputes regarding Disney's previous, present, or future anticompetitive actions, such as their ongoing bundling and minimum market shares requirements, as a DIRECTV representative informed CNN on Sunday.
Within the 10-page lawsuit, DIRECTV alleges that the discussions came to a halt due to Disney's insistence on bundling and penetration requirements, which a New York federal court judge previously condemned as unlawful, anticompetitive, and detrimental to consumers, in the context of the 'Venu' joint venture.
On August 16, a federal judge issued a temporary restraining order against the launch of Venu Sports, a cooperative sports streaming platform by Disney, Fox Corporation, and Warner Bros. Discovery, following a lawsuit filed by Fubo, a sports streaming provider. Warner Bros. Discovery is the parent company of CNN.
Approximately 11 million subscribers have been impacted by Disney pulling their ABC stations, ESPN, and other cable networks from DIRECTV's lineup last week. The disruption occurred before significant events like the presidential debate between Kamala Harris and Donald Trump on ABC, the conclusion of the US Open tennis tournament, and the commencement of the NFL season. ESPN holds the broadcast rights for "Monday Night Football," which will be unavailable to DIRECTV subscribers unless an agreement is reached.
A Disney spokesperson informed CNN on Sunday that they are still negotiating with DIRECTV to reinstate access to their content as promptly as possible. The spokesperson urged DIRECTV to prioritize their clients by wrapping up a contract, thereby permitting their subscribers to view Disney's forthcoming lineup of sports, news, and entertainment programming, with the return of "Monday Night Football" being the primary focus.
DIRECTV subscribers have been deprived of Disney's owned and operated ABC local stations in six major cities — New York, Los Angeles, Chicago, Philadelphia, Houston, and San Francisco — as well as secondary markets in Fresno, California, and Raleigh, North Carolina.
The inaugural "Monday Night Football" game involves the New York Jets and San Francisco 49ers. In 2023, the first "Monday Night Football" game — a clash between the Buffalo Bills and the Jets — amassed 22.64 million viewers, marking its largest audience since the ESPN era, which began in 2006.
The blackout extends to ESPN's range of channels and the Disney Channel, Disney Jr., FX, and National Geographic.
CNN's Liam Reilly contributed to this report.
In response to the ongoing legal dispute, Disney is urging media outlets like CNN to highlight the necessity for a swift resolution in their business dealings with DIRECTV, as the availability of ESPN's "Monday Night Football" remains contingent on the agreement. Despite Disney's withdrawal of ABC stations, ESPN, and other channels from DIRECTV's lineup, the business impact has reached over 11 million subscribers, affecting major sports events such as the NFL season and the US Open tennis tournament.
