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Fubo, WBD signal willingness to restart carriage negotiations

Informal discussions were sparked by Fubo's agreement to settle its antitrust lawsuit over Venu Sports for $220 million and merge its pay TV business with Disney's Hulu with Live TV.

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mkeys@thedesk.net

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The Warner Bros Studios logo is seen on a building along Hollywood Blvd. in Los Angeles, California on May 28, 2007. (Photo: Flickr user abgpt)
The Warner Bros Studios logo is seen on a building along Hollywood Blvd. in Los Angeles, California on May 28, 2007. (Photo: Flickr user abgpt)

Sports-focused streaming television service Fubo and programming executives at Warner Bros Discovery (WBD) have restarted preliminary discussions over a new carriage agreement that would bring WBD-owned channels back to Fubo for the first time in several years, The Desk has learned.

WBD-owned, sports-inclusive channels like TBS, TNT and Tru TV have been unavailable to Fubo subscribers since 2020, when the streaming service opted to drop those networks in favor of a distribution agreement with the Walt Disney Company. Last year, Fubo dropped the remainder of WBD’s programming package, which consisted of networks formerly owned by Discovery Communications.

On Monday, Fubo announced it had entered into an agreement with Disney that marries its pay TV business and Hulu with Live TV. The agreement also includes a stipulation that WBD, Disney and Fox Corporation will pay a $220 million settlement in exchange for Fubo dropping its antitrust lawsuit over the broadcasters’ joint venture, Venu Sports.

The deal does not require Fubo to distribute WBD-owned channels now or in the future, nor does it require either side to restart negotiations over carriage of the networks, which also include CNN, Animal Planet, the Cartoon Network and the Travel Channel.

But Fubo will have immense negotiating power over the distribution of WBD-owned channels in the future: When its deal with Disney is complete, executives at Fubo will handle discussions over distribution of channels on its service and Hulu with Live TV, the latter of which offers WBD networks.

Executives at Fubo and WBD have signaled their interest in restarting more-formal discussions that would lead to Fubo bringing back WBD-owned channels and maintaining them on Hulu with Live TV over the long-term, according to two sources who spoke with The Desk on condition of anonymity.

Those negotiations are expected to go over more smoothly once Fubo begins reselling access to Venu Sports, which will offer WBD-owned sports channels independent of a traditional pay TV bundle.

The discussions are unlikely to evolve into anything more formal until Fubo and Disney receive approval from federal regulators that their plan to merge their respective pay TV businesses can move forward, something that is still far from certain. Shareholders at both companies must also approve the deal.

A spokesperson for WBD has not yet returned a request for comment. An attorney for Fubo previously demanded that The Desk not contact the company’s communications official, Jennifer Press.

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About the Author:

Matthew Keys

Matthew Keys is the award-winning founder and editor of TheDesk.net, an authoritative voice on broadcast and streaming TV, media and tech. With over ten years of experience, he's a recognized expert in broadcast, streaming, and digital media, with work featured in publications such as StreamTV Insider and Digital Content Next, and past roles at Thomson Reuters and Disney-ABC Television Group.
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