The number of Americans who say they would consider subscribing to Disney Plus grew 23 points in January vs. the month before the streaming service’s November launch, Morning Consult reported Thursday. Over 2019, just DoorDash registered double-digit growth (14 percent). Most of the purchasing consideration growth came from consumers who said they're “absolutely certain” they will subscribe to Disney Plus, said Morning Consult, rising from 9 to 22 over the four-month period. Its data suggests Disney Plus’ rise hasn’t directly hurt Netflix and Hulu, but “their metrics have stalled in its wake.” Over the four months, Hulu’s trend line remained flat, while Netflix’ stepped up 1 point, said the research/media firm. Netflix attributed slowing Q4 subscriber additions to competitive launches in the U.S. in its latest earnings report (see 2001210061).
Ninth U.S. Circuit Court of Appeals Judges Margaret McKeown, William Fletcher and Mary Murguia approved Comcast's ask to stay issuance of a mandate in a cable TV pricing lawsuit pending the MVPD's seeking of a Supreme Court petition for writ of certiorari (see 2001220020). That's according to a docket 18-15288 order (in Pacer) Thursday. It said the mandate, on Comcast's efforts to get the litigation handled via arbitration, will remain stayed until final SCOTUS disposition.
Comcast and Cox Communications are fighting a Massachusetts Department of Telecommunications and Cable request that the FCC delay considering the cable operators' effective competition petitions in the state (see 2001140050). Comcast posted a motion for abeyance that a pause would constrain its ability to compete and saddle it with administrative costs competitors don't bear, Wednesday in docket 19-385. Cox's docket 20-10 opposition took issue with MDTC not seeking FCC reconsideration of the agency's Charter Communications effective competition order (see 1910250036) and then appealing the Charter order with the 1st U.S. Circuit Court of Appeals (see 1912230063) after Cox submitted its petition. That "impose[d] substantial and unjustifiable harm" on it, Cox said. MDTC didn't comment.
Comcast plans a Supreme Court appeal in a legal fight over arbitration provisions, and asked the 9th U.S. Circuit Court of Appeals to stay issuance of a mandate. A motion posted Wednesday (in Pacer, docket 18-15288) said it will ask SCOTUS to look at whether the Federal Arbitration Act pre-empts California's McGill rule, but absent a stay it will litigate rather than arbitrate a subscriber lawsuit over whether it falsely advertised cable TV pricing. Comcast said the district court handling the litigation stayed proceedings pending the 9th Circuit appeal but says it will lift the stay on denial of a petition for rehearing. The 9th Circuit last year rejected Comcast's appeal of a U.S. district court denying the operator's motion to compel arbitration (see 1908120009), and earlier this month rejected Comcast's ask for rehearing en banc. The company said the stay motion is opposed by the plaintiff-appellees. Their counsel didn't comment.
Sen. Ed Markey, D-Mass., and Rep. Anna Eshoo, D-Calif., filed the Protecting Community Television Act Tuesday to ensure continued resources for public, educational and governmental programming. The bill follows the FCC’s cable TV local franchise authority order (see 1908010011). Localities are seeking a stay before the 6th U.S. Circuit Court of Appeals (see 1912180048), and Commissioner Mike O'Rielly Tuesday said he wants more deregulation (see 2001210028). Markey, Eshoo and others raised concerns the LFA order would treat cable operators' in-kind contributions required by local franchise authorities as franchise fees and subject to a cap. The Protecting Community Television Act would clarify that franchise fees that cable companies provide local governments include only monetary assessments, not in-kind contributions. Eshoo called “shameful” the FCC’s “attempt to gut these important voices.”
The 9th U.S. Circuit Court of Appeals denied Comcast's motion for rehearing and rehearing en banc of its rejected appeal of a lower court's denial of a motion to compel arbitration in a complaint alleging false advertising of cable TV pricing (see 1908120009). That's according to an order (in Pacer, docket) Friday by Judges Margaret McKeown, William Fletcher and Mary Murguia. The company didn't comment.
The antitrust complaint by the Altitude Sports and Entertainment regional sports network (see 1911180062) doesn't show a refusal to deal on Comcast's part, just its legitimate efforts to save money, the MVPD said in a motion to dismiss Tuesday in U.S. District Court in Denver (in Pacer, docket 19-cv-03253). Comcast said Altitude's pled facts show Comcast isn't a monopolist, with 57 percent of video subscribers in the Denver area, and the RSN fails to show harm to competition in the sports rights market. Altitude outside counsel didn't comment Wednesday.
Cincinnati Bell will partner with YouTube TV to provide video streaming content to Cincinnati Bell fiber-to-the-home customers in greater Cincinnati and Hawaiian Telecom customers in Hawaii, the telco said Wednesday.
The Massachusetts Department of Telecommunications and Cable asked the FCC to pause consideration of Cox's and Comcast's effective competition petitions for various Massachusetts markets (see 1912190070). In a nearly identical docket 20-10 posting and docket 19-385 posting Monday, MDTC said the abeyance wouldn't hurt Cox or Comcast. Without one, the state agency would be litigating both petitions before the Media Bureau while pursuing the same issues before the 1st U.S. Circuit Court of Appeals. That's where the FCC effective competition finding for Charter Communications in 32 Massachusetts franchise areas is being challenged (see 1912230063). Comcast outside counsel and Cox didn't comment Tuesday.
Universal Electronics Inc. is in the “early innings of a powerful product cycle,” Dougherty & Co.'s Steven Frankel wrote investors Monday. In CES meetings, management laid out a path toward better software content, said Frankel. It's "far more than a remote control company.” He noted LG and Samsung introduced 2020 TVs powered by UEI for device discovery and control. This software platform simplifies set-up by identifying the devices connected to the TV, including set-top boxes, game platforms and streaming devices, and it scans the Wi-Fi network to add smart devices. In its booth, UEI displayed designs for Android TV-based set-tops, giving it a chance to provide advanced remotes for overseas MVPDs. The company is expanding security offerings, the analyst noted.