Last weekend Disney blacked out all of its networks on DIRECTV as the carriage agreement between the two companies expired without a new one being reached. These types of disputes are common in the pay-TV industry, and there’s always a lot of jawboning and finger-pointing, making it difficult to understand the exact proposals and counter-proposals.

What seems indisputable is that Disney is pushing for a continuation of its longstanding approach to bundling all of its networks together, perhaps with some additional flexibility for DIRECTV. With ESPN’s high cost, that means the bundle price to DIRECTV is elevated, even as cord-cutting accelerates. It also means DIRECTV would keep paying for a bunch of smaller channels most of its subscribers don’t watch. None of this is especially friendly to viewers.

The irony of course is that even as Disney is pushing for bundling with traditional distributors like DIRECTV, Disney is separately part of the Venu Sports JV which unbundles its (and Fox’s and Warner Bros. Discovery’s) sports networks and packages them into a new streaming offering. Venu’s launch is now up in the air due to Fubo TV winning a preliminary injunction against it.

Stepping back, as we observe, Disney is also pursuing a variety of other moves that also suggest reduced customer focus. The primary example of this is the latest round of Disney+ price increases that this time are coupled with a crackdown on password sharing - an approach completely counter to how Netflix wisely executed its password limit. Even though Disney eked out a profit in its DTC segment in the latest quarter, Colin and I believe these moves will put a lot of pressure on Disney+ subscriber numbers in the coming quarters.

(Outside of the streaming space, Disney also recently and embarrassingly insisted, and then reversed, its position in the case of a woman who died from an allergic reaction to food at Disney World, with Disney initially insisting her husband lost his rights to sue the company because he signed up for Disney+.)

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On today’s podcast, Colin and I discuss last Friday’s decision by U.S. District Court Judge Margaret Garnett, ruling in favor of Fubo by issuing a preliminary injunction preventing the launch of Venu Sports. Venu is a joint venture of Disney, Fox and Warner Bros. Discovery that includes 14 of the companies’ linear TV sports networks, plus on-demand content, for $43 per month. The companies filed an appeal on Monday.

As is evident from the ruling (thanks to the LightShed team for posting), Disney, Fox and Warner Bros. Discovery have created a “gilded cage” for themselves by - up until Venu - only including their sports networks in pay-TV’s multichannel bundle. Disaggregating these networks exclusively for Venu would create a torrent of cord-cutting, as live sports have become a mainstay for those still committed to pay-TV subscriptions. Judge Garnett agreed Venu would cause an immediate negative impact on Fubo (it would for other pay-TV operators too).

It’s not clear to either of us how specifically the JV partners will address the detailed points Judge Garnett articulated in her ruling, nor how persuasive they’ll be in lifting the injunction, especially given that the criteria for a judge to issue an injunction like this is in the first place is the presumption that an eventual trial would arrive at the same conclusion. All of this leaves Venu’s future highly uncertain.

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Viewers’ shifting consumption from linear TV to streaming is well-documented, but multibillion-dollar write downs in Q2 ’24 at Warner Bros. Discovery and Paramount helped quantify just how costly the shift has been to big media companies.

In today’s podcast we discuss the write downs and the broader industry context. When Discovery acquired WarnerMedia, it made a bet-the-company wager on the resiliency of linear TV that has gone completely wrong. Wall Street has ruthlessly punished WBD, knocking its stock down from a high of $77 in March, 2021 to just $7 recently, valuing the company at approximately $17 billion. To put that in context, Netflix’s market cap is now over $290 billion, over 42x WBD’s.

It’s hard to see any near-term positive catalysts for WBD, and if anything, TNT’s loss of NBA rights following this season will create even more pressure. As we detail, Internet economics have come to the TV industry, wiping out the artificial economics of the pay-TV world, and exposing the true current value of legacy cable TV networks. It’s a very unsettling picture.

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Disney reported a $47 million operating profit in its direct-to-consumer (DTC) segment in its fiscal third quarter 2024. The profit comes one quarter earlier than Disney had forecast. The $47 million profit reverses a $517 million loss in the year ago quarter.

While the optics of the profit are indeed positive, in this week’s podcast Colin and I do a deep dive into the profit’s true quality and sustainability. Doing so reveals a fragile picture. First, there are issues about how much of Disney+’s recent subscriber gains are in fact due to the Charter deal, which by some accounts hasn’t been terribly successful in driving active subscribers. Meanwhile, Hulu’s been moving sideways for a while, and there’s no longer transparency about ESPN+’s subscriber count.

Another issue is Disney+’s falling average monthly revenue per paid subscriber which declined further in Q3. It’s noteworthy because Disney’s CFO ascribed it partially to Disney+’s lower-priced ad tier. Yet Hulu actually reported higher average monthly revenue per paid subscriber due to higher ad revenue. So there are some contradictory signals.

Meanwhile, Disney’s aggressive bundling, at deep discounts, may bode well as a longer-term churn-buster, but will almost certainly pressure near-term DTC profitability. Then there’s Disney+’s price increase, which will kick in soon, concurrent with a broad rollout on limiting password sharing. This double whammy is likely to lead to some subscriber losses.

From analyzing the the Q3 financial statement, it’s clear Disney+ and Hulu were still unprofitable in the quarter. It was actually ESPN+ that turned the DTC segment green. But as I detail, further analysis reveals an unusual jump in ESPN+’s quarterly profit level and profit margin vs. a year ago, suggesting Disney may have done a one-time reallocation of expenses from ESPN+ to ESPN that cannot be replicated in future quarters. Speaking of one-time events, Disney may still owe Comcast another $5 billion for the Hulu buyout (it’s not clear if that would hit the DTC line or another).

Finally, and at the risk of piling on, just over the horizon in fiscal ’25 loom big payments for Disney to the NBA for its new rights deal and an earnings drag as the new Venu Sports JV (potentially) ramps up. Note, an early Venu write-off is equally likely.

Add it all up and it’s clear to us that the quality and sustainability of Disney’s first quarterly DTC profit are quite fragile.

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