The next generation of retransmission consent wars is here, as programmers and cable operators do battle with set-top box companies that increasingly seek compensation to allow content on their hardware platforms.

Once again, Roku has triggered a dispute after Charter Communications turned down a contract renewal offer permitting Charter’s Spectrum TV app in Roku’s Channel Store. The app allows customers to stream Spectrum’s cable TV lineup over Roku. Existing users tell Stop the Cap! that the app disappeared from the Channel Store, but previously installed versions still work over Roku. The problem, readers tell us, is there is no way to install or reinstall it on new Roku devices.

Charter noted the issue in a new support article explaining why the app disappeared:

Despite our best efforts to reach an agreement, Roku has not accepted Spectrum’s offer to continue our contract, which allowed customers to access the Spectrum TV app from Roku devices.

This change may prevent new downloads of the Spectrum TV app to your Roku device, but you can still access your full video library by downloading the Spectrum TV app to your Apple TV, Samsung Smart TV, Xbox, smartphone or tablet.

If you already use the Spectrum TV app on Roku, your service shouldn’t be affected.

Be sure not to uninstall the app, but you can still add devices by signing in to your current account.

If you’re new to Roku, or if you have not yet downloaded the app, you can still access Spectrum programming on another device, or use your smartphone or laptop to screen mirror Spectrum content to your Roku TV.

Find out more about using the Spectrum TV app, or get help to troubleshoot common concerns.

Roku defended its decision but also admitted it now expects compensation from certain providers in return for allowing their apps on Roku’s Channel Store.

“As America’s #1 streaming platform we are committed to providing access to amazing streaming content at an exceptional value for our users,” Roku said in a statement. “Our contract with Charter for the distribution of the Spectrum TV [app] on the Roku platform expired and we are working together to reach a positive and mutually beneficial distribution agreement. All existing customers can continue to use the Charter app while we work together on a renewal.”

Roku’s willingness to battle with programmers became apparent this year as the company continued to keep HBO Max off of its platform. Other programmers that saw their apps temporarily blocked or unsupported include AT&T TV, FOX, and Comcast’s Peacock.

The Walt Disney Co., is warning AT&T U-verse, TV Now, and DirecTV customers that a blackout of Disney-owned ABC stations, ESPN, Freeform, and the Disney Channel is imminent because AT&T has not yet agreed on renewal terms.

If an agreement is not signed before the end of the month, AT&T video customers across the country are looking at a third major programming blackout this year.

“The Disney owned networks and stations have agreements in place with all of the major video providers in DirecTV and AT&T video territories, including Comcast, Verizon FiOS, Cox, Optimum, Frontier and others, and we have a strong track record of successfully reaching multi-year agreements with these and other TV providers,” the company said in a statement. “Unfortunately, so far AT&T has refused to reach a fair, market-based agreement with us, despite the fact that the terms we are seeking are in line with recent marketplace deals we have reached with other distributors.”

The last contract renewal DirecTV signed with Disney was in late 2014. It is likely AT&T’s acquisition of DirecTV allowed the company to combine its U-verse and streaming agreements with the much larger contract with the satellite TV company, with AT&T’s combined carriage agreement likely to expire on Sept. 30, 2019.

AT&T has spent much of 2019 playing hardball with programmers, willing to let their contracts expire and blackout affected stations and networks. Earlier this year, customers lost access to local TV stations owned by CBS, Nexstar, and a handful of local stations under contract with Sinclair Broadcasting. Customers also lost access to the Altitude Sports and Entertainment Network, a regional sports channel, at the end of August. In some cases, it took several weeks to reach a negotiated settlement with local station owners.

It seems likely Walt Disney will find a similar level of intransigence with AT&T’s negotiating team. AT&T is already preparing its customers for a potential protracted fight and blackout.

“We’re disappointed to see The Walt Disney Co. put their viewers into the middle of negotiations. We are on the side of consumer choice and value and want to keep Disney channels and owned-and-operated local ABC stations in eight cities in our customers’ lineups,” AT&T said in a statement. “We hope to avoid any interruption to the services some of our customers care about. Our goal is always to deliver the content our customers want at a value that also makes sense to them. We’ll continue to fight for that here and appreciate their patience while we work this matter out.”

Any blackout would impact Disney-owned and operated ABC affiliates, including:

• WABC-TV 7 New York
• KABC-TV 7 Los Angeles
• WTVD-TV 11 Raleigh-Durham, N.C.
• KGO-TV 7 San Francisco
• KTRK-TV 13 Houston
• KFSN-TV 30 Fresno, Calif.
• WLS-TV 7 Chicago
• WPVI-TV 6 Philadelphia

More than 2.5 million HBO and Cinemax customers are blacked out after AT&T cut off its biggest satellite rival Dish Networks and streaming provider Sling TV in a dispute the Department of Justice claims confirms its concerns that AT&T’s merger with Time Warner (Entertainment) would be bad for consumers.

It is the first time HBO has faced a contract renewal blackout on any platform in its 46-year history. But some groups feel it was predictable, considering AT&T owns DirecTV, Dish’s biggest rival. AT&T acquired HBO’s parent company, Time Warner (Entertainment) in 2018, changing its name to WarnerMedia. Last summer, Judge Richard J. Leon, senior district judge on the U.S. District Court for the District of Columbia gave AT&T approval of that $85 billion merger deal with no conditions, scoffing at Department of Justice claims that the merger would give AT&T undue market power that could be used to threaten competitors by depriving them access to popular cable networks and content or use of those networks in marketing materials to attract new subscribers.

As the DoJ pursues an appeal of Judge Leon’s decision, this week’s blackout seems to add ammunition to the government’s case against the merger.

“This behavior, unfortunately, is consistent with what the Department of Justice predicted would result from the merger,” a DoJ representative told Reuters. “We are hopeful the Court of Appeals will correct the errors of the District Court.”

A statement from Dish Networks harmoniously echoed the government’s position.

“Plain and simple, the merger created for AT&T immense power over consumers,” said Andy LeCuyer, senior vice president of programming at Dish, in a statement. “It seems AT&T is implementing a new strategy to shut off its recently acquired content from other distributors.”

Consumer groups like Public Knowledge also agree.

“In opposing the AT&T/Time Warner deal, opponents — including the Department of Justice — predicted that the newly combined company would have the incentive to withhold content, and would gain stronger leverage in negotiations like this one, ” said John Bergmayer, senior counsel at Public Knowledge. “AT&T stands to benefit if customers, frustrated by missing their favorite HBO shows, leave DISH to switch to DirecTV. Time Warner, as an independent company, did not have the incentive to hold out on HBO content in these situations before the merger. Now, consumers are the ones paying the price.”

Dish is accusing AT&T of demanding the satellite service pay for a guaranteed number of subscribers, regardless of how many consumers actually want to subscribe to HBO.

“AT&T is stacking the deck with free-for-life offerings to wireless customers and slashed prices on streaming services, effectively trying to force Dish to subsidize HBO on AT&T’s platforms,” said LeCuyer. “This is the exact anticompetitive behavior that critics of the AT&T-Time Warner merger warned us about. Every pay-TV company should be concerned. Rather than trying to force consumers onto their platforms, we suggest that AT&T try to achieve its financial goals through simple economics: if consumers want your product, they’ll pay for it. We hope AT&T will reconsider its demands and help us reach a swift, fair resolution.”

On its face, the nationwide blackout of HBO and Cinemax on America’s second largest satellite TV provider could be a public relations disaster for AT&T, depriving customers from accessing premium movie networks for the first time. But AT&T is fighting back in a coordinated media pushback.

In its defense, HBO is claiming Dish was not negotiating in good faith. Simon Sutton, HBO’s president and chief revenue officer: “Dish’s proposals and actions made it clear they never intended to seriously negotiate an agreement.”

“Past behavior shows that removing services from their customers is becoming all too common a negotiating tactic for them,” echoed AT&T.

“The Department of Justice collaborated closely with Dish in its unsuccessful lawsuit to block our merger,” a WarnerMedia spokesman said in a statement. “That collaboration continues to this day with Dish’s tactical decision to drop HBO – not the other way around. DoJ failed to prove its claims about HBO at trial and then abandoned them on appeal.”

As always, customers are caught in the middle. For now. AT&T and HBO are telling consumers to drop their Dish subscriptions and stream HBO and Cinemax online directly from their respective streaming platforms, or find another provider. Dish has told its satellite and Sling TV customers they will be credited on their bill for time they do not receive HBO or Cinemax. Dish is also offering customers a free preview of HDNET Movies.

Oral arguments for the DoJ’s appeal are scheduled to begin Dec. 6. Court documents revealed today the judges that will hear the appeal are: Judith W. Rogers, Robert L. Wilkins, and David B. Sentelle.

Comcast has dropped sports network beIN Sports off the lineup after its contract with the cable company expired July 31.

Customers who tune to the channel will find a series of rotating on-screen messages explaining the network was switched off because the renewal price was too high:

Have you heard about a disagreement between beIn Sports and Comcast?

Every month Comcast has to pay networks to bring their programming to you. That’s right, we pay the network. Not the other way around.

Now beIN sports is asking for a major increase in fees for the channel you already have, which could have a big impact on your bill.

beIN Sports won’t allow Comcast to carry its channels until this is resolved.

beIN Media Group, a spinoff of Al Jazeera Media Network, owns the network and has already filed a complaint against Comcast for violation of the deal conditions imposed by the FCC after approving the merger of Comcast and NBCUniversal. The complaint alleges Comcast is giving preferential treatment to its own sports networks, a violation of program carriage rules. That complaint remains pending.

“We are deeply disappointed that despite our best efforts over the last year to resolve the situation, millions of Comcast XFINITY subscribers have lost access to the content they love. We are happy to extend existing terms while we continue to negotiate, but unfortunately Comcast would rather continue to charge the same while taking away valuable and loved content from customers,” said Antonio Briceño, beIN Sports’ deputy managing director for the U.S. and Canada. “The truth is, we face a disheartening trend of media consolidation, where the big get bigger and innovative brands like ours that serve diverse audiences get pushed-out. This is almost always to the detriment of consumers who end up paying the price. We hope it stops now.”