Avalanche, Nuggets nearing postseason along with Comcast-Altitude blackout still unresolved

Take a look at this piece by Kyle Fredrickson from The Denver Post talking about several important news items for the week. Kyle Fredrickson recently posted the article and I thought it was a great post for syndicating on this website.

The Nuggets and Avalanche have combined to play in more than 200 games over two seasons since Altitude TV went dark for Comcast subscribers in Colorado.

The long-running carriage dispute, dating back to September 2019, remains unsolved with no clear timetable for when games will return to the state’s largest cable provider. (The network remains off the air on Dish Network as well.)

Soon, local fans will rejoice as playoff hockey and basketball are picked up on national broadcast networks. But it is possible that Altitude’s blackout on Comcast will continue into the 2022 seasons for the Avs and Nuggets.

A resolution likely hinges on the outcome of an antitrust lawsuit filed by Altitude against Comcast. It claims the cable giant negotiated with illegal business tactics after their contract expired that “make no economic sense” in an effort to eventually buy or replace the Kroenke-owned independent regional sports network. Comcast argues that Altitude is confusing a “routine commercial disagreement” with a violation of antitrust laws.

In November, a federal judge partially dismissed several of Altitude’s claims but allowed the case against Comcast to move forward. The Denver Post contacted both sides this week for an opportunity to address Colorado sports fans’ clamoring for an agreement.

Altitude: “Since 2019, Altitude has been the only regional sports network off the air on Comcast,” said William Isaacson, Altitude’s litigation counsel. “That isn’t because Altitude asked for more money than market terms would command. Altitude only asked for a market-based deal, and Comcast instead offered below-market terms that would drive any independent RSN out of business. A decision for Altitude will get Altitude back on the air and prevent Comcast from taking unfair advantage of Denver sports fans.”

Comcast: “It’s unfortunate Altitude prefers to continue pursuing meritless legal claims instead of negotiating a reasonable and mutually workable deal that would allow fans to have even more viewing options,” said Leslie O’Neal, Comcast’s director of external communications. “The Court dismissed most of Altitude’s frivolous claims in November, and the Court expressed skepticism about the one remaining claim it did not reject outright. We look forward to getting the rest of this case dismissed.”

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The lawsuit is currently in discovery (the sharing of evidence) as thousands of documents are submitted for review and expert witness testimony is collected. The process is time-consuming, according to online court records, with the deadline to submit final discovery Dec. 17, 2021 — well into the next NBA and NHL seasons.

Should the case reach a jury trial, while unlikely, the final pre-trial conference is not set until April 4, 2022. That would equal yet another season lost to the dispute. However, it is also possible the case might be settled much sooner.

Public scrutiny of Comcast’s business practices — threatening additional lawsuits or significant financial loss — could lead it to reconsider contract terms agreed upon by Altitude. Comcast is also expected to request a summary judgment that allows a judge to reconsider the merits of Altitude’s case based on the available evidence.

Either outcome, in theory, might expedite the return of locally broadcast Avalanche and Nuggets games. Although a lack of productive negotiations between Comcast and Altitude since the lawsuit was filed in November, and the billion-dollar backing of both entities, suggests the stalemate will continue well into the future.