March 2011

CEOs Tap Record Cash for Payouts as M&A at Post-Lehman High

US executives are starting to spend the record $940 billion in cash they built up after the credit crisis, just in time for annual shareholder meetings. Takeovers topped $260 billion this quarter, the most since the collapse of Lehman Brothers Holdings Inc. in September 2008, according to data compiled by Bloomberg. Standard & Poor’s 500 Index companies authorized 38 percent more buybacks in 2011 than a year earlier and dividends may increase to a record $31.07 a share in 2013, data compiled by Birinyi Associates Inc. and Bloomberg show. Chief executive officers are looking for ways to increase investor returns after posting the biggest gain in profits since 1988 by relying on near-zero Federal Reserve interest rates and cost cuts that have kept the unemployment rate near a 26-year high. More takeovers were announced last week than any time since March 2010 after AT&T Inc. in Dallas offered $39 billion for Bonn-based Deutsche Telekom AG’s U.S. wireless unit and San Francisco-based Charles Schwab Corp. agreed to buy OptionsXpress Holdings Inc. of Chicago for $1.11 billion in stock.

San Francisco considers variety of tech company tax breaks

San Francisco supervisors hope to move quickly to eliminate or modify a unique payroll tax on employee stock options to keep technology companies from fleeing the city. One plan, crafted by Supervisor Ross Mirkarimi, calls for a two-year moratorium on taxing the stock options "with the express purpose of stopping any hemorrhaging of companies who are on the cusp of leaving," he said. The temporary tax break would apply to technology companies that are located anywhere in San Francisco, have 100 employees or more and are not traded on a public stock exchange. His proposal and ideas crafted by Supervisors Mark Farrell and David Chiu are expected to be introduced today. The reforms are focused on the highly valued tech companies that face the largest tax burden if they go public. Several tech companies, including Twitter, Zynga and Yelp, have told city officials that San Francisco's tax code may make it financially unfeasible for them to stay in the city. San Francisco is the only city in California that taxes stock options, bundling the provision in the city's payroll tax, which also includes salaries, wages, bonuses and other forms of compensation. The 1.5 percent business tax is imposed on businesses with payrolls above $250,000.

Consumers may be losers in an AT&T merger with T-Mobile

[Commentary] It’s no secret that the mobile Internet – smart cellphones and tablets – is a hothouse blossoming with innovation. Every day these devices become more useful (some argue “essential”). The wireless future isn't largely about voice calls: It’s about reading (books, newspapers, magazines), shopping, and staying in touch with social networks. Coming soon will be communicating with other devices (such as a car) and even replacing a credit card to make on-the-spot retail purchases. That’s why federal regulators must take a long, thoughtful look at the proposed merger of wireless carriers AT&T and T-Mobile proposed last week. The merger could threaten the very competition that has benefited consumers and created new opportunities for countless startup companies. Decades ago the federal government broke up a telephone monopoly and brought in an era of unprecedented innovation, choice, and price competition for consumers. Now government may need to step in again to make sure that the heat stays on in the innovative hothouse that was created.

Netflix gets friendly with consumer groups for lobby support

Netflix is cozying up to some of the city’s leading consumer advocacy groups as it builds up its lobbying presence in Washington. The fast-growing media company, which hired its first in-house lobbyist earlier this year and has seen its share value go through the roof, is trying to build partnerships with telecom reform gurus in the advocacy world. Among other issues, Netflix and consumer groups — including Free Press, the Media Access Project, Public Knowledge and Consumers Union — have a common interest in fighting overage fees on Internet users who access a high volume of data. Data limits could strain Netflix’s business model, which increasingly is built on video streamed over Internet lines, not mailed as DVDs in the company’s signature red-and-white envelopes. Public-interest groups say data caps could stifle innovation and throw a wet towel on broadband growth.

Sunlight tells Congress to save transparency sites

Despite criticizing the quality of data posted on federal transparency websites like Data.gov and USASpending.gov, the Sunlight Foundation is urging Congress not to slash funding for the programs.

The government transparency watchdog wrote to the leadership of both parties on Monday voicing their concern about a measure in the House spending bill that would cut funding for the sites from $34 million to $2 million. "An open and accountable government is a prerequisite for democracy. Keeping these programs alive would cost a mere pittance when compared to the value of bringing the federal government into the sunlight," the letter states.

FairPoint to put $7 million it owes Vermont in penalties toward expanding broadband

FairPoint Communications says it will settle $7 million in service quality penalties imposed by the state by expanding broadband Internet access to areas of Vermont currently without it.

The company and Public Service Commissioner Elizabeth Miller say the settlement is designed to help push the state toward Gov. Peter Shumlin's goal of having broadband access in all parts of Vermont by the end of 2013. Under the agreement, the state and the company will jointly craft a plan to get broadband to 51 communities currently without it.

Tribune creditors propose revised bankruptcy plan

Tribune Company bondholders led by hedge fund Aurelius Capital Management filed a revised bankruptcy reorganization plan for the media company, hoping to overcome objections by senior creditors.

The revised plan calls for lower sums to be set aside to address litigation stemming from Tribune's $8.2 billion leveraged buyout in 2007, which was led by real estate developer Sam Zell. Some senior creditors had complained that too much of the equity in a reorganized Tribune would be tied up while the litigation, which could last for years, proceeds. Under the bondholders' revised plan, about 20 percent to 29.5 percent of Tribune's value would be held in the litigation trust, down from 50 percent to 65.4 percent in their earlier plan.

AT&T’s T-Mobile Bid Draws New York Attorney General Review

AT&T’s proposed $39 billion purchase of T-Mobile USA will undergo a “thorough review” by New York Attorney Eric Schneiderman for possible anti-competitive impact in the state. “Affordable wireless service and technology, including smart phones and next generation handheld devices, are the bridge to the digital broadband future,” AG Schneiderman said. “We want to ensure all New Yorkers benefit from these important innovations that improve lives.” AG Schneiderman said the potential impact of the merger may be greater in places such as Rochester, Albany, Buffalo and Syracuse, where there are fewer wireless options than in New York City. He said he’s also concerned about the impact on consumers who have T-Mobile as a “low-cost option."

Among Media, TV Is Still on Top

The Internet is consuming ever more of our waking moments, not to mention ever more ad spending, but that doesn't mean that traditional media is the loser. At least not when "traditional media" means TV. According to the latest research from eMarketer, advertisers are spending more than ever on the broadcast networks and cable, around $60.5 billion on commercial time this year, making TV the richest media segment, with 39.1% of all ad spending, up from 38.6% in 2010. The research firm attributes the share growth to the "recovering economy," but also found the industry is expanding at the expense of other media, specifically newspapers and magazines, and to some degree the Internet.