Fuse Media, an independent programmer serving the Latino community, has filed multiple complaints accusing AT&T of abusing its as a vertically integrated distributor.
Late last week, Fuse filed a complaint with the FCC claiming that AT&T favors its affiliated programmers including TBS, TNT, Cartoon Network, HBO and CNN while refusing to engage in renewal talks with Fuse. The programmer said that when AT&T finally did present a carriage offer, it was “untenable and likely unserious.”
Fuse asked the FCC to prevent AT&T from further program carriage discrimination and order the company to carry Fuse and FM Networks on equitable terms along with awarding any other relief deemed appropriate by the Commission.
Now Fuse has filed a complaint in U.S. Bankruptcy Court, District of Delaware, which has jurisdiction based on a ruling on a previous case that took place during Fuse’s Chapter 11 filing last year.
RELATED: AMC Networks accuses AT&T of abusing MVPD market power
"AT&T has a well-documented history of interfering with programmer negotiations, going back to its 2017 civil antitrust settlement with the Department of Justice. Fuse Media…after learning of similar behavior impacting our business, had no choice but to file a complaint in court for breach of confidentiality and tortious interference with contracts,” said Fuse Media in a statement. “If AT&T truly values minority voices, then their words must match their actions, especially at this time in our nation's history. We are hopeful that AT&T will reverse course and negotiate in good faith moving forward.”
This isn’t the first time this year that AT&T has been accused by an independent programmer of abusing its position.
In a complaint filed with the FCC in August, AMC Networks accused AT&T of “attempting to stifle AMC’s ability to compete fairly by using its colossal market power as a vertically integrated MVPD to disadvantage AMCN’s linear networks” including AMC and the streaming bundle AMC+.
AT&T said AMC Networks’ complaint was “without merit.”
“We treat all programmers fairly and will continue to work with AMC Networks to provide its content at a price that is reasonable to our customers," an AT&T spokesperson said in a statement. "But, the cost to provide that programming should reflect that AMC Networks’ shows have been declining in popularity as compared to their peers for several years.”