When I recently tuned in to the Dish Network and tried to watch the programming on Channel 165, I was left puzzled.
165 was part of Dish Network for more than ten years, providing fans with the NFL Network channel to watch extensive NFL programming. However, when Dish Network and the NFL Network had a carriage dispute in June 2022, Channel 165 was removed from the platform, which angered a lot of people who used to watch the channel.
The background of the case relates to a particular contract signed between the parties in 2003.
The NFL Network was established in 2003 as the television network dedicated to the NFL that would provide fans with almost all NFL content. Dish Network, for example, included the network at the beginning of the year 2004 and was available on channel 165. For years, this provided Dish subscribers with NFL news, games reviews and rewinds, NFL Combine, as well as other useful content for football lovers.
However, over the years carriage talks between the distributors such as Dish and content providers such as the NFL Network have assumed more complicated dimensions. It’s a battle between TV providers who seek to contain expenses and networks, which increasingly demand higher retransmission fees because they are putting more of their money into content. The failure to come up with a new agreement for Channel 165 as noted in the recent past is an indication of these industry dynamics.
The main reasons why Channel 165 was dropped include the following:
Currently, Dish Network failed to renew the existing contract, and thus it expired on June 16th, 2022, and the NFL Network was removed from the Dish Network channel list. The two parties had seemingly been unable to agree on issues about the financial terms of the merger; more so the rates of the merger which Dish had deemed too high.
Since there was no agreement on a new contract signed for the stipulated date, Dish was compelled to pull out the NFL Network from the list of channels they offer to their customers. Therefore, to the Dish Network viewers who found their way to Channel 165 in anticipation of NFL content, the channel was abruptly pulled out.
Seeking Leverage in Negotiations
It seems that Dish dropped the NFL Network to bargain as well as to force the NFL Network to offer better terms regarding carriage fees. By not having Channel 165 as a leverage, the provider could use to lure and maintain the attention of football lovers, Dish might have expected NFL Network to become more open to negotiating.
Of course, the NFL Network also realized that many of those same football fans would switch to another television service provider in the next NFL season if the service was still unavailable to them. It created a situation wherein both were attempting to out-stare the other – a somewhat uneasy position for both parties to be in.
The Altered Effect on Dish Network Subscribers
Approximately 8 million customers of Dish Network, which is a Pay-TV provider, relied on Channel 165 which disappeared and with it, many of the customers were locked out of the NFL Network. This meant no more energetically produced shows like Good Morning Football or NFL Total Access to discuss the latest news or review the best moments. And with the NFL season drawing near, fans were left asking themselves if they would be able to watch primetime games that are normally scheduled on the network.
Subscribers turned their aggression on social media posting on Dish Network social platforms and calling the helpline numbers. Some threatened that they would cancel their packages if Channel 165 failed to get back before September, as they could not afford to lose both NFL RedZone and live regular season games. However, early termination fees are still closely tied to most Dish contracts, leaving many customers to stall until a resolution.
Although the negotiations are continuing as to what the channel number would be, channel 165 is set to be opened.
In their public utterances, both Dish and the NFL Network continued to state their interest in reaching a mutually acceptable agreement and restoring the network. But the days and then weeks went by without getting the final decision.
Meanwhile, negotiations were going on in the shadows, and the excitement of the onset of the 2022 NFL season was drawing all too close. The NFL Network also had additional bargaining chips because of newer rules that let networks move some games off the platforms that are involved in the carriage disputes. Dish also knew that customers might hold back on switching to the service to find out the number of games to be affected.
The negotiations came down to the wire and football fans held their breaths with their fingers crossed for their channel, 165 to be back before kickoff. On the negative side, it could be stated that the favorite NFL programs and shows became unavailable. And overlooking rather regularly seasoned games would without any doubt be the final nail in the coffin of many of Dish’s remaining consumers. In no more than several days, the beginning of the new season will start, and the contract deadlock is still ongoing. The consequence will have a ripple effect on Dish’s position in the expanse of pay TV providers.
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