Altitude TV pushes forward in lawsuit against Comcast as court considers motion to dismiss antitrust case

The global pandemic and indefinite postponement of major sports have not deterred Altitude TV and its antitrust lawsuit against Comcast.

Altitude and Comcast filed a joint status report in Colorado federal court this week to state positions on how the case should proceed while a judge considers a motion to dismiss. As the regional sports network and cable giant enters the eighth month of their carriage rights stalemate, Altitude argued both sides should begin discovery (sharing requested evidence) starting in May. Comcast requested a six-week extension of the court’s temporary pause of discovery.

Altitude filed its antitrust lawsuit in November. It claims Comcast plans to monopolize sports programming in Colorado with unreasonable business terms that would force Altitude out of business. Comcast argues Altitude’s claims are a baseless negotiation tactic to bring Avalanche and Nuggets games back to the carrier’s platform at financial terms that don’t match an evolving media marketplace.

The regional sports network went dark on Comcast in September. Then sports as a whole stopped indefinitely in early-March when the coronavirus shuttered leagues around the globe.

Altitude has resumed television programming in the pandemic with replays of previous games, remote studio shows and more — but is broadcast only on DirecTV, as Comcast and Dish Network remain unable to reach contract agreements with the network.

In its latest joint court filing, Altitude said that starting discovery now would not endanger public health or violate state social-distancing requirements as it can be “conducted entirely from home.” It also reinforces that the temporary suspension of NHL and NBA games does not “lessen Altitude’s interest in proceeding expeditiously in this case.” Altitude laid out a timeline for negotiating discovery terms in May, followed by a June 30 deadline to address the next steps.

Comcast responded that the indefinite postponement of NHL and NBA games “diminishes any interest in Altitude claims (or could) claim” to have in moving the case along quickly. Comcast also said it is in the court’s best interest to rule on its motion to dismiss before lifting the pause on discovery. It added that the pandemic might limit availability for some requested materials as those working from home “may lack access to their files during ordinary times.” Comcast requested the court suspend any discovery until at least June 11.

The coronavirus may continue to keep the Avalanche and Nuggets sidelined in Colorado, but a legal solution to the Comcast-Altitude dispute — pending the court’s decision on a motion to dismiss — appears even less imminent.