In a sign that the blackout of Disney channels on DirecTV isn’t close to being resolved, DirecTV has filed a complaint with the FCC alleging that Disney has failed to negotiate in good faith and that Disney has violated the FCC’s good faith mandates by predicating any licensing agreement on DirecTV’s waiving any legal claims against Disney.
The complaint also argues that “The negotiations have stalled because Disney insists on bundling and penetration requirements that a federal district court judge in New York recently found in the context of the `Venu’ joint venture to be unlawful, anticompetitive, and `bad for consumers.’ Disney wants to force DirecTV to carry a `fat bundle’ including less desirable Disney programming—while itself offering cheaper, `skinnier’ bundles of programming that consumers want."
