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The Economist: Charter Communications’ Buyout of Time Warner Cable Structured So It Will Pay No Taxes for Years

Phillip Dampier June 1, 2015 Charter Spectrum, Competition, Consumer News, Issues, Online Video, Public Policy & Gov't, Wireless Broadband Comments Off on The Economist: Charter Communications’ Buyout of Time Warner Cable Structured So It Will Pay No Taxes for Years
Malone

Malone

The Economist reports Charter Communications’ acquisition of Time Warner Cable and Bright House Networks has been structured so that “it should pay no tax for several years, at least.”

The merger deal, which intimately involves John Malone, the boss of Liberty Media — a cable and media conglomerate, has all the hallmarks of a classic Malone-inspired deal: complex ownership structures, high debt levels, assiduous tax planning and a refusal to overpay.

Unlike many other dealmakers, Malone seems to want to avoid the spotlight. His firm Liberty Media is Charter’s biggest single investor and will kick in at least $5 billion in Charter stock purchases to help consummate the transaction, which will be handled primarily by Charter’s management.

The deal comes at Malone’s insistence the American cable landscape must be consolidated into just 2-3 large companies. For now, he is content standing aside while the public faces of the merger are Charter’s CEO Thomas Rutledge and Time Warner Cable’s Rob Marcus. (Bright House Networks is also a part of the transaction but has been completely overshadowed by its larger deal partners.)

While coverage of the transaction has been relegated to the Business section of newspapers and has evoked shrugs from American reporters, The Economist calls it nothing short of an extraordinary landmark.

Liberty Global logo 2012“The boss of Liberty, a cable and media conglomerate, he has struck more deals than perhaps any other tycoon in the world—buying and selling hundreds of firms worth over $100 billion since the 1970s, often negotiating on his own, using calculations that fit on a napkin,” said the publication. “Unusually for an empire-builder he has made his investors a ton of money, and has little interest in the public eye.”

While Malone is hardly a household name, he could soon be at the center of the sixth largest corporate takeover in U.S. history and make him the world’s unparalleled media baron, controlling an empire three times the size of Rupert Murdoch’s media ventures. While Comcast will remain America’s largest single cable operator, Malone’s Liberty Media will dwarf Comcast globally with more than 75 million cable customers around the world.

charter twc bhMalone does not share the concerns of some Time Warner Cable and Charter investors that the merger will generate a “staggering” $66 billion in debt from day one, initially loaned from Wall Street investment banks. The Economist notes Malone seems to be violating his own rule to never overpay in a deal. In the British financial press, Charter’s deal for Time Warner Cable and Bright House does not pass Malone’s own smell test.

“At 9.1 times gross operating profits he is paying at least a fifth more for TWC than he typically does,” says the newspaper. “He is offering 23% more for it than Comcast did in its bid last year, which was scuppered by antitrust regulators. Based on last year’s cash-flow figures the deal will make a pitiful 5.6% return on capital, assuming no tax is paid. Like most cable firms TWC has a stagnant top line, with growing broadband sales being offset by declining TV and telephony revenues. So fast growth will not bail out Mr Malone.”

So where does The Economist believe John Malone will make his killing? From captive customers and suppliers, of course.

“The most obvious explanation is that Mr. Malone thinks the world has not changed much since the 1990s and that the cable industry remains a collection of local monopolies from which ever more juicy profits can be squeezed,” says The Economist. “America’s cable firms have poor service and high prices: the average Charter customer pays at least 50% more per month than one of Mr Malone’s customers in Britain or the Netherlands. In Europe cable firms face tough competition in broadband from telecoms operators; in America the telecoms firms have rolled out fixed-line broadband to perhaps just half of homes or fewer.”

The Economist suspects Malone’s new cable empire will follow Europe and be less dependent on flogging costly bundles of unwanted television channels to reluctant punters. Instead, it’s all about broadband and the platform it represents to obtain a range of video services that replace traditional cable television. But Malone’s future vision almost certainly includes a wireless mobile component, which means Americans should not be surprised to see the tycoon attempt to acquire a large mobile company, even one as large as AT&T, on which he can sell video and other telecom services. That is precisely what he is doing today in Europe.

Angry Comcast Customer in Illinois Assaults Technician Over the Quality of Work Done in His Home

Phillip Dampier May 28, 2015 Comcast/Xfinity, Consumer News, Editorial & Site News, Public Policy & Gov't Comments Off on Angry Comcast Customer in Illinois Assaults Technician Over the Quality of Work Done in His Home

angry guyA customer angry over the performance of a Comcast technician in his Berwyn, Ill. home stood in his doorway and blocked the technician from leaving until the work met his satisfaction.

Police say things deteriorated from there. When the technician said he attempted to leave to avoid escalating what was already a heated verbal altercation, Thomas Guel, 37, of the 1900 block of South Elmwood Ave., allegedly pushed the technician and slapped him in the face.

Authorities charged Guel with unlawful restraint and battery.

In our view, such confrontations are unacceptable and unconscionable. It is never appropriate to become verbally or physically abusive to a worker invited into your home. If you are dissatisfied with the work being done by a technician and they are unresponsive after bringing your concerns to their attention, thank them for their time and politely ask them to leave. Then contact your provider and ask for a supervisor to intervene and handle the situation.

The Comcast technician did the right thing by seeking to end the confrontation by leaving. Had he been allowed to, this story would have never been written.

Canada Prepares to Say Goodbye to the 3-Year Cellphone Contract; June 3rd is the Deadline

Phillip Dampier May 28, 2015 Canada, Consumer News, Public Policy & Gov't, Wireless Broadband Comments Off on Canada Prepares to Say Goodbye to the 3-Year Cellphone Contract; June 3rd is the Deadline
Signing a three year contract usually meant a cheaper device.

Signing a three year contract usually meant a cheaper device.

Canadians still stuck on an old three-year wireless contract may be able to leave their current carrier penalty-free as soon as June 3rd as the Canadian Radio-television and Telecommunications Commission’s (CRTC) deadline on lengthy wireless contracts takes full effect this Sunday.

In June 2013, the CRTC banned three-year cell phone contracts in its wireless code to give customers a chance to switch providers more often without an expensive early termination fee to deter them. The commission set a two-year transition period which will end June 3.

But it turns out wireless carriers have not made the process of leaving penalty-free easy and the Commissioner for Complaints for Telecommunications Services (CCTS) expects the ombuds office will be forced to intervene on behalf of consumers. Some providers have applied creative interpretations of the wireless code the industry earlier sued to block on the grounds it created retroactive interference with contractual rights. The Federal Court of Appeal dismissed the wireless industry’s lawsuit last week. The CCTS is notifying providers what it expects from them.

There are two primary groups of customers affected by the June 3rd deadline:

  • Those who signed a three-year contract before June 3, 2013:

These customers will see their three-year contracts cut to two years, and all will expire June 3. They can leave their current provider without any early termination fees or penalties.

  • Those who signed a three-year contract between June 3-Dec. 3, 2013:

crtcThings get more complicated for customers in this window. While carriers quickly introduced new two-year plans, there are a number of customers who managed to sign a three-year contract during this transition period. These longer contracts have also been cut to 24 months by the CRTC, but an early termination fee may still apply if the contract has not run a full two years and carriers will be permitted to get back their device subsidy if you have not yet paid off your device.

If you like your current carrier, you can stay on your existing contract and nothing will change. If you are ready to leave for another provider, you will need to calculate the termination fee you are likely to owe when you cancel service.

If you accepted a device subsidy to reduce the cost of your device, here is the formula to determine your payoff amount:

Jane Smith signed a contract with Rogers in the late fall of 2013. She is now about 20 months into her contract, which the CRTC has now automatically shortened from its original three years to two. For our purposes, let us say she received a device subsidy of $240 (the exact amount of the device subsidy you received is available from your provider.)

Carriers like Vidéotron offer customers discounts if they bring their old device along.

Carriers like Vidéotron offer customers discounts if they bring their old device along.

To calculate the payoff amount to buy out and cancel the contract, take the original device subsidy and divide it by 24. In our example, that equals $10. That means for each month Jane has been in her contract, she has repaid $10 towards the $240 subsidy she received. In this example, she has made 20 payments under contract, which means she has paid back $200 and still owes an additional $40. When she cancels service to switch to Bell (or whatever other carrier she chooses), her exit fee will be $40.

The CRTC also allows carriers to collect an Early Termination Fee (ETF) from customers who paid for a device upfront or brought their own when they signed a contract. These no-subsidy customers must either wait until 24 months have passed from the contract signing date or pay an ETF of the lesser of $50 or 10% of the minimum monthly charge for the remaining months of the now two-year contract.

Bill Smith brought his old iPhone to Telus and signed a three-year contract at the same time Jane did. The CRTC has already lopped off one year of his contract. He will hit the 24 month mark four months from now, but wants to leave to switch to Vidéotron Mobile today. The minimum monthly charge on his Telus bill is $65. For the remaining four months on his contract, he has to pay 10% of $65 for his termination penalty, which amounts to $26 total — his ETF.

Howard Maker, chief executive officer of the CCTS, said, “The calculation is maybe a bit challenging, because not all customers’ contracts will indicate what the device subsidy is.”

Some customers have used the impending end of their contracts as a tool to negotiate a better deal, but it can be tough finding one. After the demise of the three-year contract, last fall many Canadian cell providers raised the monthly price of service on two-year contracts to recoup lost profits.

Drahi Readies His Next Move: “If I Buy Five Smaller Cable Companies, I Am as Big as Time Warner Cable”

Drahi

Drahi

Patrick Drahi, the billionaire ruthless cost-cutting owner of Altice SA told a French parliamentary hearing he didn’t go ahead with a serious bid for Time Warner Cable because he lacked enough management talent to run a huge cable company in a country he only recently entered.

“I didn’t follow up on the exchanges we had on Time Warner Cable that were mentioned in the media because we were not ready,” Drahi told a French parliamentary hearing on Wednesday.

Drahi testified French-owned banks were ready to help finance a deal that would have stolen Time Warner Cable away from Charter Communications. Instead, Drahi has decided to spend a little time digesting his acquisition of Suddenlink to gain experience in the U.S. cable market before he moves on other cable operators. Drahi believes he will be the only buyer left to cut major cable consolidation deals.

“Time is on our side” for the U.S. expansion,” Drahi said. “The two leaders Comcast and Charter will not be able to buy anything else because of their size so we will have an open boulevard ahead of us. If I buy five small operators, I can be as big as Time Warner Cable.”

The five most-likely cable operators Drahi will pursue, according to a business editor at RFI, the French overseas broadcaster: Cablevision, Cox, Mediacom, WOW!, and Cable One. Cox and Mediacom are privately held and Cablevision is tightly controlled by its founding Dolan family, so Drahi will likely have to sweeten deals to convince all three to sell.

Reuters reports Drahi is especially interested in the smaller, less profitable operators because they are ripe for his brand of cost management and consolidation-related savings.

“Even better, that means we will have room to improve them,” Drahi said.

Drahi remained enthusiastic about Cablevision, despite the fact it serves one of the most competitive markets blanketed by Verizon FiOS in the United States.

“It’s good actually since it means they know how to compete,” Drahi said.

Drahi’s reputation is well-known in Europe based on his earlier acquisitions. Altice favors telecom and cable companies seen as poorly managed or undervalued which Drahi targets for massive cost-slashing to improve profitability. The investments he does make are largely to benefit high-end customers he values the most.

Quid Pro Quo: Boys & Girls Club That Supported Comcast/TWC Merger Gets $8 Million from Comcast CEO

Phillip Dampier May 26, 2015 Astroturf, Comcast/Xfinity, Consumer News, Editorial & Site News, Public Policy & Gov't Comments Off on Quid Pro Quo: Boys & Girls Club That Supported Comcast/TWC Merger Gets $8 Million from Comcast CEO
After sending 25 letters of support for the Comcast-TWC merger, the Boys & Girls Club is getting $8 million to construct the Ralph J. Roberts Boys & Girls Club (Roberts is the founder of Comcast.)

After sending 25 letters of support for the Comcast-TWC merger, the Boys & Girls Club is getting $8 million to build the Ralph J. Roberts Boys & Girls Club in Germantown, Penn. (Roberts is the founder of Comcast.)

One of Comcast’s most enthusiastic supporters for its (failed) merger deal with Time Warner Cable has just received a multi-million dollar donation from Brian Roberts, the CEO of Comcast to build a new state-of-the-art facility in Germantown, a neighborhood in Philadelphia.

The Boys & Girls Club and its various chapters pelted state and federal regulators with letters supporting Comcast at a time when the company was seeking approval of its merger with Time Warner Cable. Just a few weeks after the merger left the headlines, Comcast has announced it will spearhead a $40 million campaign to renovate six clubs in the region. Senior executive vice president David Cohen will serve as campaign chair.

An $8 million contribution from Comcast’s CEO and the Ed Snider Youth Hockey Foundation will cover much of the construction costs for the Germantown facility, which the non-profit group will name the Ralph J. Roberts Boys & Girls Club, in honor of Comcast’s founder.

For much of the 14 months the Comcast-Time Warner Cable merger was being reviewed by regulators, Comcast repeatedly name-dropped the non-profit as a supporter of the transaction. The group’s various chapters sent not less than 25 letters of support for the deal:

“We believe that a company as committed to community service as Comcast deserves our support and our gratitude,” wrote Joseph and Lisabeth Marziello, the CEOs of the Boys & Girls Clubs of Philadelphia, in a letter to the FCC. “We are confident that if Comcast extends its footprint into the areas now served by Time Warner Cable, nonprofit agencies in those communities will reap the benefits.”

Asking nonprofit groups to write letters of support is “good politics” for Comcast, said Free Press’ Matt Wood, because it gives the merger a “public-interest veneer.”

Pennsylvania’s Sens. Bob Casey (D) and Pat Toomey (R) went out of their way to mention the group in a letter to FCC chairman Thomas Wheeler:

We have seen firsthand Comcast’s record as an outstanding corporate citizen. Comcast assists 1,200 non-profits through its foundation, serves hundreds of thousands of young people through the Boys and Girls Club of America, and has invested $57 million in training for workers to keep them competitive in today’s economy.

Lost in the millions of dollars now changing hands was the impact of the proposed merger on consumers, including the kids that use the Boys & Girls Club facilities. Comcast has raised prices on its broadband service repeatedly and made participating in its Internet Essentials discount program too cumbersome for many income-challenged residents to participate. But the Boys & Girls Club came out ahead.

Stop the Cap! continues to urge our readers to consider donating only to non-profits that focus on their mission, not on quid pro quo back-scratching that works against the best interests of the very people who give their time and money to non-profits. It’s clear the Boys & Girls Club is already getting plenty of help from Comcast. They don’t need yours.

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