Research in Motion headquarters in Ontario

The two co-executives of Waterloo, Ont.-based Research in Motion, maker of the formerly-popular BlackBerry, quietly resigned this weekend, turning over leadership of the faltering company to a new chief executive who suggested little needed to change at what used to be Canada’s most valuable company.

Thorsten Heins will replace co-CEOs Jim Balsillie and Mike Lazaridis effective immediately in what analysts are calling a last-ditch effort to rescue a company that has lost at least 88 percent of its peak value and has a share in the cell phone market now below 10 percent.

Heins’ initial comments, intended to calm investors about the company’s precarious position, have instead caused share prices to tumble further out of fear the new CEO remains in denial about the serious state of RIM’s future.

Heins told reporters that no “drastic change” was needed at the company, even though consumers are increasingly abandoning BlackBerry products in favor of Android or Apple iPhone smartphones.  RIM’s tablet, the PlayBook, never got far off the ground and is now regularly being cleared off store shelves at deeply discounted prices.

“If Thorsten really believes that there are no changes to be made, he will be gone within 15 to 18 months. He will be a transitional CEO and this will be a transitional board,” Jaguar CEO Vic Alboini, who leads an informal group of 16 RIM shareholders calling for a radical restructuring told Reuters.

Heins

Corporate users who formerly appreciated the BlackBerry’s secure platform and business-oriented apps are increasingly allowing employees to adopt competing phones because of recent BlackBerry service outages, fewer BlackBerry-compatible apps, and what some have called “endless” software upgrade delays.

Some analysts have dismissed RIM’s former leadership structure for months as “rudderless,” existing in an environment where cut-throat competition between Google’s Android operating system and Apple’s wildly popular iPhone and iPad are reducing BlackBerry’s place in the North American market to an afterthought.

“RIM had its era, but now it seems very hard to gain back market share in the smartphone market even if the top managers are changed,” Mitsushige Akino of Tokyo-based Ichiyoshi Investment Management told Bloomberg News. “The iPhone and Android are well established in the market.”

RIM acknowledged its market share in North America, particularly among younger consumers, has faltered in recent years, but noted BlackBerry products remain popular in certain European, African, and Middle Eastern countries, with growth also seen in Latin America and parts of Asia.

But perceptions of a company past its prime continued last year with the introduction of RIM’s PlayBook tablet, which was criticized for bringing nothing innovative or new to the tablet marketplace.  Even worse, RIM took a drubbing for releasing the tablet without any e-mail application, an ironic lapse for a company that touted it was “the first to reliably deliver e-mail over airwaves” in the 1990s with its BlackBerry devices.

The BlackBerry Playbook

Several serious service outages, some lasting for days, also had a major impact.  RIM’s next major software overhaul, dubbed BB10, has been long-delayed and will not be released until the latter half of 2012 — perhaps too late for the company to regain its footing.

Still, Heins suggests he is prepared to rejuvenate the company’s products with updates to the PlayBook and a new generation of BlackBerry devices.  The company’s better market share overseas may buy some additional time, but analysts warn RIM will fail to attract much attention in the U.S. or Canada if its products do not deliver something better than current generation Android and Apple phones and tablets.

As consumers invest in a growing number of platform-specific apps, a switch to a competing device becomes correspondingly more difficult.  Corporate users also will not tolerate many more major service outages, especially those that extend for days, not minutes or hours.

“There is yet another ace up RIM’s sleeve — the rate plans of North American wireless companies,” said one optimistic RIM shareholder. “BlackBerry devices are not known for consuming a lot of data, so RIM could market their devices to budget-minded consumers that might not be able afford the latest iPhone or Android phone and a high volume data plan to accompany it.”

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/CTV Execs Out at RIM 1-22-12.flv[/flv]

Canada’s news networks treat coverage of Research in Motion on about the same level American news media treats Apple, Google or Microsoft.  RIM remains an important contributor to Canada’s economy, so this weekend’s developments got considerable attention from the media.  CTV National News led with the ouster of the two founding co-CEOs of Research in Motion. Here is how CTV viewers saw the news unfold.  (3 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/CBC RIM Resets 1-23-12.flv[/flv]

RIM Resets: CBC introduces its coverage with a round-up of this weekend’s developments, noting a management shakeup could have profound implications on the Ontario company.  (4 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/CBC News Now Interview with Heins 1-23-12.flv[/flv]

 CBC’s News Now talks with Research in Motion’s new CEO Thorsten Heins about his plans for a revamped BlackBerry and the long-term future for the company.  (8 minutes)

Ex-CEO Jim Shaw earns even more not working for the cable company his father founded.

The ex-CEO of Shaw Communications is a charter member of the 1% Club, raking in more than $25 million from a golden parachute retirement package cable customers are paying as part of their ever-increasing monthly cable bills.

Jim Shaw earned $1.2 million in 2011 from his duties as chief executive.  But when the 53-year old decided early retirement was right for him, the company that shares his name provided a generous $25.5 million parting gift.  That’s a golden parachute package equivalent to what more than 2,000 lower-middle class Canadians earn each year.

What makes Jim Shaw worth that much?  Company officials claim the departing CEO helped the company earn new revenue.  But Shaw subscribers know the recipe for higher revenue is easy to make — annual rate increases and overpriced products and services.

Shaw didn’t have much of a fight justifying his departing pay package.  Not with his father J.R. Shaw holding 79 percent of the cable company’s Class A voting stock.  The Shaw family has been especially generous with themselves in 2011.  Brother Brad pocketed $15.8 million this year for himself.

The Shaw Executive Money Party has grown so large, the company’s top six paid officers collectively walked away with compensation of $82.2 million in 2011, $1.5 million more than Shaw Communications earned in the entire fourth quarter of 2010.  Imagine one-quarter of your company’s earnings headed straight into the pockets of a half-dozen employees, often immediate family members of the CEO or company founder.

Even those sums are dwarfed by the $330 million the company has now set aside to guarantee executive pensions, even as Shaw’s lower level employees (and most of their customers) see their incomes continue to stagnate, if not outright decline.

That three Shaw family members collectively grabbed $58.6 million from the company accounts is not welcome news for shareholders.  Jim Shaw’s exit package in particular proved galling for some, particularly because he effectively sabotaged his own standing with image-damaging public comments and an abrasive management style.

“There was a lot of institutional backlash over the pension given to Jim on his departure because it was rather monstrous,” one pension fund adviser was reported as saying in the Edmonton Journal. “This is just another piece that will get everybody upset.”

Shareholders are also unimpressed with the value of their Class B Shaw stock, which has remained lackluster since 2006.

While top management earned big, Shaw has alienated customers with legendary call holding times that can extend for hours, annual rate increases for cable service, and less-than-impressive customer satisfaction scores.

Shaw is western Canada’s dominant cable operator.

Sprint CEO Dan Hesse is now at risk of losing his job over decisions to increase spending to upgrade network performance and capacity.  In the last week, Sprint announced it will likely seek outside financing to accelerate the launch of its new 4G LTE network, while concurrently deciding to stop selling 4G WiMax smartphones that work on the troubled Clearwire network by the end of this year.

Wall Street hates companies spending money to upgrade their networks, particularly when there is little evidence Sprint will enhance profits with price increases or cut costs by limiting customers’ data usage.

For several major investment firms and banks, the last straw was Hesse’s revelation that the company will likely need to borrow money to complete its Network Vision plan, which calls for major upgrades of Sprint’s wireless network to support much faster data speeds for customers.  His earlier commitment to spend up to $20 billion on Sprint’s version of the Apple iPhone did not help matters.

Sprint’s stock price took a beating last week, sliding 26 percent to the lowest level since February 2009 as investors fled.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/KSHB Kansas City Sprint makes another new announcement 10-7-11.mp4[/flv]

KSHB in Kansas City reports Sprint intends to stop selling devices that work on the company’s existing 4G/Clearwire WiMax service by the end of this year in favor of Sprint’s forthcoming launch of a new 4G LTE network.  (1 minute)

The Detroit News reports an investor meeting with Sprint executives “grew ugly” after Hesse announced the company needed to spend money to upgrade and refused to show a clear pathway to enhanced profits earned from those upgrades.

Wall Street to Hesse: Don't Get Comfortable

“Hesse is on thin ice now,” Ed Snyder, an analyst with Charter Equity Research, told the newspaper. “One, perhaps two, more big mistakes and he’s probably gone.”

More than a half-dozen Wall Street analysts have slashed their ratings on the wireless company because they believe Sprint’s spending plans will hurt liquidity.

While customers are increasingly rewarding Hesse and Sprint for making customer service improvements and retaining customer friendly unlimited service plans, Wall Street shows no signs of being charitable to Hesse’s management of the Overland Park, Kansas company.

Ben Abramowitz, an analyst with Kaufman Bros., downgraded the stock to “hold” from “buy,” excoriating the company for expensive strategic shifts, including network upgrades and the company’s recent commitment to Apple to sell millions of Apple iPhones on Sprint’s network.

“Management credibility is lost with investors,” Abramowitz wrote.

Jonathan Schildkraut from Evercore Partners told CNBC the spending at Sprint may just be getting started.  Millions of customers remain connected to Nextel’s legacy iDEN network, which Sprint intends to decommission.  Schildkraut believes Sprint will have to provide deep discounts or free phones for displaced customers who will need to move to Sprint’s primary network.  He also notes that despite Sprint’s plans to abandon Clearwire’s WiMax network for 4G, the company will likely make further investments to maintain the partnership, and Clearwire’s network, for other purposes.

Sprint’s decision to adopt Apple’s iPhone and upgrade their network may make competitive sense against larger players AT&T and Verizon Wireless, but Schildkraut notes Apple commands top dollar for the popular phone — upwards of $600 on the wholesale level, which carriers in turn subsidize to lure customers to sign two-year contracts.  But Sprint would do well to consider Verizon’s experience with the iPhone, he says.  Most of Verizon’s iPhones were sold to customers who already owned smartphones.  That forced Verizon to subsidize up to $400 for each iPhone with no chance of increasing the average revenue collected from customers.  Investors were hoping the iPhone would instead attract budget handset customers who would upgrade to more expensive smartphone service plans.

Because the iPhone still does not support 4G technology, it seems less likely existing Sprint 4G WiMax smartphone owners would consider the Apple 4S an upgrade, and may hold off waiting for the anticipated iPhone 5.  But as Sprint begins to promote its forthcoming 4G LTE network, those Sprint customers using WiMax phones will be tempted to move to something else.  Either way, phone subsidies could create a significant drag on Sprint’s cash on hand at a time when the company is spending heavily on upgrading its network.

In the telecommunications business, upgraded service helps customers and spurs competition.  But it is nearly always the enemy of Wall Street unless a clear pathway to enhanced profits can be shown.  Investors may ultimately have the last word on those upgrades, and the person responsible for green-lighting them.  Hesse may learn that lesson first hand if the company can’t find a way to boost its stock price, and soon.

[flv]http://www.phillipdampier.com/video/Sprint CEO in Trouble 10-12-11.flv[/flv]

Wall Street goes on the attack, unhappy that Sprint is spending their money to upgrade its networks for the benefit of Sprint customers.  CNBC covers all the business angles.  (6 minutes)

The Canadian Radio-television and Telecommunications Commission (CRTC) has issued new guidelines for consumers with complaints about their Internet Service Providers’ throttling practices that puts the burden of proof on the consumer to demonstrate an ISP is engaged in wrongful behavior before the CRTC will act.

The revised guidelines appear to come in response to complaints from consumers who have been subjected to dramatically reduced speeds when using Rogers Cable Internet service to play online games while also running file sharing software in the background. Rogers’ speed throttling technology appears to be unable to discriminate between game traffic, which is not subject to speed reductions, and file swapping traffic, which is.

The Canadian Gamers Organization filed a formal complaint with the CRTC this summer accusing Rogers of engaging in Network Neutrality violations.

The CRTC gave Rogers until today to fix the errant speed throttle or respond to the agency with an explanation for the delay.  As of this hour, Rogers appears not to have responded.

Last week, the CRTC began a crackdown of its own — against consumers bringing Internet complaints.  The CRTC modified the complaint procedure to instruct consumers to first work with their ISP and application developers to resolve any outstanding issues before filing complaints.  From the updated CRTC Guidelines:

How to make an Internet performance complaint

Before you complain to the CRTC about an Internet traffic management practice, you should first contact your Internet service provider to see if it can resolve the issue.

If your service provider doesn’t address your complaint to your satisfaction, and you believe that your service provider’s traffic management practices are not compliant with the CRTC’s policies, you can complain to the CRTC. Before doing this, make sure that you know your rights.

Rogers chokes the speed of undesireable peer to peer file traffic, but other applications like online gaming are also impacted. Consumers are complaining about the collateral damage.

What to include in your complaint

In your complaint, explain why you think your service provider’s traffic management practice doesn’t meet the requirements set out in their traffic management policy.  It is not necessary to provide technical details about the problem, but the CRTC needs enough information to understand the problem.  Please, clearly describe:

• What part of the traffic management policy you believe the provider has not followed
• When the problem occurred, and whether it is a recurring problem
• Which software program, or application, has been affected
• How the application has been affected
• The steps you’ve taken to try to resolve the issue with your service provider, including your provider’s response to your complaint

Consumer groups are not pleased the CRTC won’t engage directly in independent oversight of ISP speed throttling practices regardless of consumer complaints.

“We are not a consumer-protection agency,” the CRTC’s Denis Carmel was quoted as saying back in July.

“The CRTC must start enforcing its own policies,” says Canadian Gamers Organization co-founder Jason Koblovsky. “The CRTC needs to put a plan forth to ensure that regular audits are done on Internet Providers rather than relying solely on consumer complaints. We are asking the public to tell the CRTC that enough is enough: the Commission needs to take a much more proactive role in ensuring that Internet providers play by the rules. We are ready to act politically and force a solution here if need be.”

Koblovsky expanded his views on the subject in a blog entry:

We find this policy update to be more of an insult to consumers, and puts the responsibility of monitoring ISP’s use of [speed throttles] directly on the back of consumers. This is not acceptable by any means, and none of the policy recommendations we made that were thrown out by the CRTC in our initial complaint were taken into consideration, or for that matter seriously by the CRTC. This is a slap in the face to what we have been fighting for, and that is the CRTC has the responsibility to follow through, monitor and enforce its policies.

[…] Not one ISP has been found by the CRTC to be acting against net neutrality policy since they acted on this in 2009 with several complaints sent to the CRTC by consumers being dismissed due to lack of evidence over years of enforcement failure by the commission. There is no indication here that the CRTC is going to be dealing with a very high evidentiary thresh hold put on the consumer to launch a CRTC investigation in this policy update. All this update does is provide information on CRTC complaints procedures that are already in place, and consumers are already abiding by.

[…] Maybe it’s time we start acting politically on this issue instead, drop the CRTC from the picture to force the CRTC through legislation to listen to consumers, and start putting forth a much better effort on their responsibility to the public to enforce their policies. Or better yet, start billing the CRTC for our efforts on each complaint we become a part of.

Read this excellent analysis of game throttling and how Canadian ISPs master the art of Internet Overcharging.

Are you using too much Internet service?  If your service provider thinks you are, it can alert you by barging in on your web-browsing sessions with forced notification messages warning you are about to be the latest victim of Internet Overcharging.

PerfTech, a maker of browser messaging systems has teamed up with Active Broadband Networks to deliver providers a way to notify up to two million subscribers about their broadband usage from just a single rack-based system.

“Feedback from ISPs who have deployed usage-based Internet tiers has confirmed that two factors are key to success: accurate usage measurement and quick, proactive notifications,” PerfTech vice president of sales Jane Christ said in a statement.

Most browser message injection systems are used to warn customers when they are approaching monthly usage limits or excessive use charges.  Some can even redirect web users to a single ISP-administered website to alert them their service has been suspended or request payment for additional usage with a credit card.

So far, only smaller U.S. providers are using PerfTech’s system, including WideOpenWest, BendBroadband in Oregon, and Buckeye Cable in Ohio.

• WideOpenWest doesn’t appear to limit usage except for newsgroups.  According to their FAQ, users may download up to 5GB per month of newsgroup content;
• Bend Broadband has a 100GB monthly limit on all but its highest speed Internet plan, which carries a 150GB monthly limit.  The overlimit fee is $1.50 per gigabyte.
• Buckeye Cable favors “network management” techniques, which can slow down customers deemed to be using too much, at its discretion.  But the company does have a 3GB strict usage cap on newsgroup access.  Exceeding it is very costly.  The overlimit fee is a whopping $45 per gigabyte.