Shafer also cited the recent carriage deal between Disney and Charter, which led to some Disney networks being dropped.
“Network owners such as Disney are not necessarily able to force distributors to take every network they own. Fubo has also added and dropped certain networks in its packages over time, somewhat undercutting the claim that it is entirely at the mercy of a handful of network owners when it comes to the programming that it carries,” concluded Shafer.
Gandler also called for equal treatment for Fubo in terms of competitive pricing to be able to offer customers access to its sports coverage and to join the joint venture or receive parity in licensing terms and substantial damages for the broadcasters it is suing.
Set to launch in the fall of 2024 ahead of the NFL season, the new service will be available as a DTC product through a new app. It will also be made accessible to subscribers of Max, Hulu and ESPN+. Pricing will be announced at a later date.
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