December 2011

No Justice for Cellphone Users

[Commentary] America's second- and fourth-largest cellphone companies called off their $39 billion merger , in a decision that Justice Department trustbusters will surely cheer as a victory for "competition." Consumers, shareholders and American workers might have a different reaction.

The real problem isn't AT&T's acquisition plans, but the growing demand for wireless services and the restricted supply of spectrum, which is controlled by—you guessed it—the regulators. Federal Communications Commission Chairman Julius Genachowski has acknowledged the "crunch," as he calls it, and called for new auctions, a process that could take years. Meantime, he might consider allowing current owners of unused spectrum, such as broadcasters, more leeway to use their asset as they see fit. Alas, such a move runs against the top-down economic tinkering that the Obama Administration is so fond of. The next time your cellphone is slow or your call is dropped, don't blame AT&T. Point the phone at Washington.

Deutsche Telekom slams US regulators

Deutsche Telekom criticized the US authorities alleging they had not given its plans to sell T-Mobile USA to US rival AT&T a proper hearing, a posture that forced the companies to abandon the $39 billion deal. “We never really got to a thorough inspection [of the merger],” René Obermann, Deutsche Telekom chief executive, said, adding that authorities never appeared interested in details of the initial deal and later concessions.

Obermann said the merger followed the logic of other tie-ups in the US market and would have created a company “not a whole lot bigger” than the US market leader, Verizon Wireless. “Given that, I don’t really understand the position of US authorities,” he said. He declined to speculate about the motivation of the US Department of Justice and the Federal Communications Commission. The demise of the deal leaves Deutsche Telekom, which had made no secret of its desire to quit the US market, looking for alternatives. Among its options could be an outright sale, merger or joint venture with a competitor. Obermann said the break-up provisions would give T-Mobile US vital extra spectrum, and roaming capabilities, which would help it along for a while. “But this isn’t the whole solution for the long term,” he conceded. AT&T will pay Deutsche Telekom $3 billion in cash as part of the break up, money Deutsche Telekom would use to pay down group net debt – currently slightly above €40bn.

Deutsche Telekom $3 Billion Fee Buys T-Mobile Time

Deutsche Telekom AG, whose proposed $39 billion sale of T-Mobile USA to AT&T collapsed, has about a year before it needs to start the search for another partner amid rising costs for improving its network.

A breakup package that includes the payment of $3 billion in cash to Deutsche Telekom will only cover T-Mobile’s expenses for 12 to 24 months, said Wolfgang Specht, an analyst at WestLB AG in Dusseldorf. If T-Mobile doesn’t find a new partner after that time, it risks failing to generate enough operating cash flow to cover capital spending, he said. “Stabilization is the first step and then it’s about finding a new partner in the medium term,” said Specht, who has an “add” recommendation on Deutsche Telekom shares. “In the long run a standalone strategy seems impossible. Everything from here on is only a second-best solution.” T-Mobile is valued at about $19 billion, Berenberg Bank analyst Paul Marsch wrote in a Dec. 12 note, citing a survey the bank held with about 40 investors “a few weeks back.” To generate cash, Deutsche Telekom may reconsider plans to sell its tower network in the U.S., Chief Financial Officer Timotheus Hoettges said on a conference call today. A sale of those assets, which was considered until the AT&T agreement, may bring as much as $3 billion, said Jonathan Atkin, an analyst at RBC Capital Markets. In addition to the $3 billion in cash, T-Mobile will receive a package of wireless frequencies from AT&T in 128 market areas, including Los Angeles, Dallas, Houston, Washington and San Francisco. The separation agreement also includes a roaming deal lasting at least seven years, which Deutsche Telekom said will improve T-Mobile’s coverage to 280 million potential customers from 230 million. T-Mobile USA spent about $3 billion annually on capital expenditures in recent years, including network upgrades, the CEO said. Upgrading to the faster long-term evolution technology being rolled out by its competitors, including new spectrum, may cost $8 billion to $9 billion and such a process may take three years, RBC’s Atkin said.

AT&T Left With Few Options After T-Mobile Bid

The collapse of AT&T’s $39 billion bid for T-Mobile USA leaves the second-largest U.S. mobile carrier with few attractive strategic options as it seeks to challenge market leader Verizon Wireless.

To accommodate data-usage growth, AT&T argued it needed the airwaves the T-Mobile USA purchase would have brought. With that option now unavailable, AT&T can either seek to buy spectrum from another company, wait for the government to auction more frequencies or try to squeeze more capacity out of its current airwaves. Each option is time-consuming, expensive and risky, said Colby Synesael, a Cowen & Co. analyst in New York. Already criticized for dropped calls and network coverage, AT&T will face more constrained capacity than Verizon Wireless, Synesael said. That may hurt customer growth at a time when carriers are seeking to sign up lucrative smartphone and tablet subscribers who will generate revenue for years to come. Earlier this year, AT&T lost U.S. exclusivity to the Apple Inc. iPhone. While AT&T focused on winning regulatory approval for the takeover, rivals negotiated their own airwave deals. That means several spectrum assets that would have still been available for AT&T to purchase earlier this year are now off the market.

Merger aftermath: Everywhere AT&T loses, Verizon wins

Verizon Wireless couldn’t have asked for a better outcome to the AT&T/T-Mobile saga. Not only did its biggest rival fail to leapfrog Verizon in size, but AT&T wasted nearly a year’s worth of lobbying resources in the attempt. Where AT&T failed to pick up more 4G spectrum through a controversial merger, Verizon took the easier route toward building its 4G holdings, buying up licenses from cable companies. Most importantly, from Verizon’s perspective, AT&T/T-Mobile fizzled out with a whimper rather than imploding with a bang, resulting in no new regulations on the wireless industry and no Federal Communications Commission or federal court decisions to impede Verizon’s future consolidation ambitions.

Verizon’s official position on AT&T-Mo was that it remained unopposed to the merger as long as it imposed no new regulations or conditions on wireless operators. That was a pipe dream, and Verizon knew it. Any merger the size of the AT&T deal would surely have resulted in divestitures in multiple markets, along with restrictions on how and where AT&T used its new spectrum. And any conditions imposed on AT&T would have applied to Verizon when and if it sought to buy a competitor or more spectrum in the future. Verizon was hoping the minimize the damage, and it got its wish. The deal never got to a vote before Federal Communications Commission and never saw an official court date in the U.S. Department of Justice’s antitrust lawsuit. Of course, the failure of AT&T-Mo likely means any deal of such scale is out of the question for the foreseeable future. If Verizon had any ambition on making a bid on Sprint, those hopes are now dead, though an acquisition of a MetroPCS or Leap Wireless might still be possible. But given Verizon’s actions in the last few weeks it’s unlikely it was ever entertaining the possibility of buying Sprint or any other operator.

Despite AT&T’s defeat, wireless deals will continue

AT&T has thrown in the towel on its acquisition of T-Mobile and in doing so basically kept the mobile industry stalled through much of 2011 as experts, executives and consumer organizations tried to figure out what such a large deal would mean. Now that the deal is off the table, the industry can return to solving the big question that plagues wireless in the U.S., and that question is how the heck will operators get the spectrum and build the networks they need to support robust demand for 4G wireless services and still make money.

Now that the deal is officially dead, and we know a bit more about the terms of the breakup fee, it looks like T-Mobile might be star of the wireless industry in 2012 as everyone except AT&T and Verizon try to make a deal. This leaves the smaller players such as Leap Wireless and Metro PCS to wrangle some kind of partnership with T-Mobile, now that it may have some of the $4 billion breakup fee and some of AT&T’s airwaves. Dish Networks, the satellite TV player that’s trying to become a mobile operator, has cash and the desire to be a wireless operator with T-Mobile’s help, but the history of satellite guys getting into mobile is pretty iffy. The most interesting mobile operator to watch in the coming year might be Sprint as it faces a decision as to if it wants to pursue T-Mobile, stick with Clearwire or continue stringing along LightSquared, which plans to build a 4G LTE network but is having a hard time moving forward. When it comes to 4G, like Velma Kelly in Chicago, Sprint simply cannot do it alone. No one can, which means AT&T could try again with a more politically acceptable deal.

Sprint Sues Comcast, TWC, Cox And Cable One Over VoIP Patents

Sprint Nextel sued Comcast, Time Warner Cable, Cox Communications and Cable One, alleging that the cable companies infringe 12 patents related to transmitting voice calls over Internet Protocol networks. Sprint filed four separate lawsuits against the cable companies in the U.S. District Court for the District of Kansas in Kansas City.

"The cable companies sued by Sprint are continuing to offer phone services that use this technology without obtaining a license or permission from Sprint," the wireless company said. "Sprint alleges that each of these companies has infringed at least 12 [voice-over-IP] patents by selling cable voice systems and services that use the technology protected by the Sprint patents." The dozen patents at issue include some that Sprint had successfully sued voice-over-Internet provider Vonage over. A federal jury in September 2007 found Vonage infringed six Sprint patents, after which Vonage agreed to pay $80 million to Sprint to settle the lawsuit and to license Sprint's VoIP patent portfolio.

Proposed FCC 'reform' could temper its bite

The campaign by congressional Republicans for “process reform” at the Federal Communications Commission is as much about lawmakers wanting to handcuff the commission as it is about how the agency operates.

A half-dozen Republicans who sit on the telecommunications subcommittees were quick to point out in recent interviews about the FCC the issues on which they think the commission has abused its mandate — network neutrality, the AT&T/T-Mobile deal, and Universal Service Fund reform, to name just a few. But rarely did the FCC’s processes come up. Only two lawmakers mentioned them, and one, House Communications and Technology Subcommittee Chairman Greg Walden (R-Ore.), is the author of legislation to overhaul how the commission operates. While it’s true that Walden’s proposal would make the FCC more transparent — preventing last-minute “data dumps” before controversial votes, for instance — the proposal also would undeniably make it a lot harder for the FCC to regulate the telecom industry. The GOP reforms would have reduced the odds of getting net neutrality rules passed. And the agency would have far less leeway to restrict — or in the case of AT&T/T-Mobile, reject — big telecom mergers. Though process is part of the equation, the debate centers on whether reining in the FCC would be a good thing.

The Law of Online Sharing

The idea of limitless growth gives sleepless nights to environmentalists, but not to Facebook founder Mark Zuckerberg. He espouses a law of social sharing, which predicts that every year, for the foreseeable future, the amount of information you share on the Web will double. That rule of thumb can be visualized mathematically as a rapidly growing exponential curve. More simply, our online social lives are set to get significantly busier.

As for Facebook, more personal data means better ad targeting. If things work out, Zuckerberg's net worth will follow a similar trajectory to that described in his law of social sharing. That law is said to be mathematically derived from data inside Facebook. In ambition, it is closely modeled on Moore's Law, which was conceived by the computer-processor pioneer Gordon Moore in 1965 and has been at work in every advance in computing since. Also an exponential curve, it states that every two years twice as many transistors can be fitted onto a chip of any given area for the same price, allowing processing power to get cheaper and more capable.

Princely Value for Twitter

That a member of an autocratic Arab regime would invest in Twitter, a key enabler of the Arab Spring, is great fodder for tweets. But for all the excitement online, it doesn't herald a revolution in the website's ownership.

That is because the $300 million investment by Saudi Prince Alwaleed bin Talal actually came months ago as part of Twitter's last round of financing. More important, it wasn't the company that received the prince's money. Rather, it went to existing investors and employees looking to cash in part of their stake, according to a person familiar with the matter. It is a good indication that Twitter's road to an initial public offering will be much longer than that of several of its peers. Twitter isn't ready to market its shares to the broader public because its efforts to generate revenue have been slow to develop. Advertising is the primary way the company makes money, but Twitter's ad inventory is a tougher sell than, say, Google's. Placing ads next to search results makes sense because searchers have indicated precisely what they are looking for. On the other hand, promoted tweets in Twitter users' timelines can read like spam. Another issue for the company is that key executive Jack Dorsey pulls double duty as Twitter's product chief and as CEO of Square, his mobile-payments start-up company. Given all this, it makes sense for existing investors to take some money off the table when the opportunity presents itself. That is especially so in light of the implied princely valuation of some $8.4 billion: more than 30 times Twitter's 2012 ad revenue, as estimated by eMarketer.