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Today's report from Web Editor Susan
Rush
• FCC puts the brakes
on Comcast merger review
• Liberate posts wider
Q1 loss
• Gartner: Cable access
gear revenue down
• Companies embrace
T-commerce
• TVC parent files for
Chapter 11
• SBC blames weak demand,
regulations for job cuts
• AT&T Broadband throws
dial-up option into the mix
• Broadband
briefs
FCC puts the brakes on AT&T-Comcast
review
The FCC
has temporarily stopped the clock on its 180-day revenue of Comcast
Corp.'s proposed merger with AT&T
Broadband.
The clock will remained stopped for roughly 15 days
while regulators review new information submitted by the companies
pertaining to the merger. Media Bureau Chief Kenneth Ferree sent
a letter to Comcast and AT&T earlier this week saying that
the stoppage was related to "the submission of a significant
amount of new information late in the proceeding." Case in
point: during the last few weeks the agency has received hundreds
of pages related to the plan to restructure AT&T's interest
in Time Warner Entertainment.
Although the FCC needs more time, the companies got
a piece of good news from the Securities
and Exchange Commission. The SEC will not object to the accounting
treatment of the debt exchange offer for the proposed merger,
according to a SEC filing.
Related story:
Shareholders
green light AT&T
Broadband-Comcast merger, 7/10/02

Liberate posts wider Q1 loss
Interactive software developer Liberate
Technologies posted a wider year-over-year first quarter loss.
The company cited the weakness in the cable and telecom sectors
for the dip.
The company reported a net loss of $249.6 million,
or $2.35 a share, compared with a year-earlier net loss of $78
million, or 74 cents a share. Excluding $209.3 million write-off
related to the impairment of goodwill, Liberate would have posted
a loss of $16.8 million, or 16 cents a share, compared to a loss
of $9.2 million, or 9 cents share a year ago.
Revenue fell 40 percent from $17.3 million in Q1
2002 to $10.3 million. During the quarter, Liberate reduced its
work force by 110 employees.
"Adverse economic conditions within the cable
and telecommunications sectors have materially impacted our quarterly
revenue," said Liberate Chairman and CEO Mitchell Kertzman.
"We were disappointed that the market fell off more quickly
than we had anticipated and we are working to improve our ability
to anticipate our quarterly revenue," he said. In June the
company had forecast pro forma revenue of between $12 million
and $14 million.
Earlier this week, Shaw Communications announced
it will power its video-on-demand service with Liberate's software
platform.
Looking ahead, Liberate is forecasting a fiscal second-quarter
net loss, excluding charges, of between 12 cents and 16 cents
a share. Analyst consensus loss estimates are 11 cents a share,
according to Thomson First Call.
Liberate shares were down 10 cents, or 5.8 percent,
to $1.61 as of 12:18 p.m. EDT.
Related stories:
Shaw
selects Liberate's platform,9/25/02
Liberate
opts for fraud preventative medicine, 8/8/02
Loss
narrows at Liberate, 6/28/02

Gartner: Cable access gear revenue
down
Global revenue for cable access platforms, a sector
that includes cable modem termination systems (CMTSs), dropped
by more than 9 percent to $181.9 million in the first half of
2002, Gartner
Dataquest revealed in a new report (Cable Broadband
Access Platform Shipments Fall as Service Providers Tighten their
Belts, 1H2002 Market Share and Forecast 2002-2006). In comparison,
the sector pulled down about $201.1 million in the first half
of 2001, the research firm said.
Gartner Dataquest forecasts that the cable access platform market
is likely to recover by 2006, but will only reach and possibly
slightly exceed revenue levels reached in 2000, or approximately
$656.7 million.
The firm said the decline in the first half of this year was
due to the general trend toward curbed capital spending by cable
operators and other broadband service providers.
Gartner Dataquest Principal Analyst Patti Reali noted that MSOs
are not buying equipment to foster IP telephony services in big
numbers yet, and that several operators have introduced tiered
data services without the need to migrate to gear based on the
QoS-sensitive DOCSIS 1.1 specification. Although cable operators
are starting to buy and install 1.1-qualified CMTSs, they arent
necessarily leveraging 1.1s features.
Even when MSOs ramp up their VoIP spending - perhaps as early
as 2004 - the industry will still require a lengthy period before
the service gains traction in the market, Reali said, noting that
three years passed before traditional circuit-switched telephony
services started to take off for MSOs such as AT&T Broadband
and Cox Communications.
According to Gartner Dataquest, Cisco Systems Inc. led CMTS vendors
by mid-2002 with 57.3 percent of the market. ADC Telecommunications,
bolstered by its line of Cuda CMTS equipment, usurped
the number two slot from Motorola Broadband with 19 percent of
the market. Motorola Broadband was third with an 8 percent market
share, but could see a stronger second half, thanks in part to
a deal it announced this week with Cox Communications, which is
deploying an unspecified number of Motorola BSR 64000 CMTSs in
four markets (Las Vegas, San Diego, New England and Omaha).
Rounding out the CMTS sector, Terayon Communication Systems was
fourth with 7.6 percent of the market, followed by Arris (2.7
percent) and Com21 Inc. (2.6 percent).
Worldwide, DOCSIS-based gear dominated the category in the first
half of 2002 with an 86.6 percent market share and $157.5 million
in revenues.
- Jeff Baumgartner, CED

Companies embrace T-commerce
Attention DirecTV Interactive subscribers: did that commercial
for the latest Michelle Branch CD make you feel like you just
gotta have it? Well, fret no more, you can shop via your television
set on the 24/7 Music Choice interactive channel.
DirecTV
has partnered with Music
Choice to launch the interactive television-commerce channel
to enable DirecTV Interactive subscribers to shop for music and
purchase CD titles from the comfort of their living rooms using
their TV remote.
The DirecTV Interactive service is powered by Wink
Communications' iTV software. The service is beamed to roughly
7 million homes in the U.S. Yesterday, competition in the interactive
space relaxed a bit. OpenTV announced plans to acquire Wink Communications
from Liberate Broadband Interactive Television Inc. The company
also snapped up ACTV Inc.
Related story:
OpenTV snaps up ACTV, Wink, 9/26/02

TVC parent files for Chapter 11
Communications Dynamics Inc. (CDI) is seeking relief
from its creditors through a Chapter 11 bankruptcy protection
filing. CDI subsidiary TVC
Communications is included in the filing.
The bankruptcy filing includes CDI's domestic subsidiaries.
TVC, a distributor of products used to build and maintain cable
TV systems, said its cash position augmented by the revenue will
will be more than adequate to fund ongoing operations during the
restructuring process.
Mounting debt and the overall economic state of the
telecom industry lead to CDI's decision to file for Chapter 11.
In a letter to TVC customers, TVC President Robert Ackerman said,
"In the late 1990s through 2001, the company borrowed money
to expand to meet customers growing demands. The sudden
downturn in the telecommunications market caused financial setbacks
for several of our large customers, ultimately leading to a sharp
decrease in our revenues. The combination of those factors limited
CDIs ability to pay back debt."
CDI said the filing will enable it to continue to
provide its customers with goods, services and support while it
reorganizes. Business will continue without interruption, the
company said in a prepared statement.
Related story:
Come
October, will the FCC go EASy?, 6/02

SBC blames weak demand, regulations
for job cuts
SBC
Communications Inc. plans to hand out 11,000 more pink slips
by early 2003. The regional Bell says "outmoded regulation"
and the ongoing economic telecom slump fueled its decision.
Wholesale prices set by regulators are below cost,
according to Edward Whitacre, SBC Chairman and CEO. These price
structures have enabled competitors to purchase network access
at deep discounts, he said. SBC has lost nearly 3 million retail
access lines year-to-date through August. Whitacre said the current
regulatory structure has not changed with the times. Traditional
phone service has competition from wireless and cable television.
The fight against regulatory restrictions is not
new at SBC. Whitacre has claimed regulations imposed on SBC were
holding the company back -- especially since its archrivals, the
cable companies, were not subject to the same restrictions. In
October of last year, SBC scaled back its Project Pronto digital
subscriber line initiative. The company has said that until the
playing field is leveled in the contest with cable, aggressive
DSL rollouts won't be profitable.
Of the 11,000 jobs on the chopping block, roughly
9,000 will be eliminated in the fourth quarter, with the remaining
jobs to be cut early next year. One-third of the affected employees
will be in management positions. Prior to this announcement, SBC
has already reduced its staff by 10,000 this year.
The company plans to reduce its capital expenditures
to be in the range of $5 billion and $6 billion in 2003. SBC has
a 2002 capital expenditure budget of just under $8 billion for
this year.
Related stories:
The
Grim Reaper returns to SBC, 5/15/02
SBC
faces challenges, 4/18/02
SBC
takes Pronto out of DSL buildout pace, 10/29/01

AT&T Broadband throws dial-up
into the mix
AT&T
Broadband has teamed with PeoplePC to give its high-speed
Internet access subscribers remote access nationwide via a dial-up
connection.
After paying a one-time registration fee of $10,
cable modem subscribers will receive two hours of dial-up access
each month. Additional time will be available for a fee. An extra
10 hours of dial-up access is available for $5.99 a month, while
unlimited access costs $10.99 a month.
The PeoplePC footprint includes more than 7,400 local
dial-up access numbers. PeoplePC will provide technical support
and billing services.
RCN Corp. rolled out a similar service earlier this
week to its cable modem subscribers. RCN customers will pay an
additional $9.95 a month for the service.
Related story:
RCN gives cable modem subs a dial-up option, 9/25/02

Broadband briefs:
• At Home bondholders file suit
In a newly filed lawsuit, bankrupt At Home
Corp. claims that Comcast Corp. and Cox Communications Inc. made
improper profits from stock deals with AT&T, according to
a SEC filing.
The suit, filed by bondholders in the US District
Court in Delaware, alleges that the companies used their insider
status to "force" At Home into agreements that benefited
them but left At Home "critically weakened."
The suit is seeking at least $600 million for At
Home and other unspecified damages related to breach of fiduciary
duties.
At Home filed for bankruptcy last year.
• Rainmaker awarded sixth patent
The US Patent and Trademark Office has awarded Rainmaker
Technologies Inc. its sixth patent.
The patent, dubbed Method and apparatus for signal
transmission and reception, adds 35 new claims to Rainmaker's
portfolio. The patent strengthens the company's intellectual property
position for its SpreadTime modulation, according to the company.
• NCTI develops marketing course
Broadband communications trainer NCTI
has developed a marketing course geared toward broadband professionals.
The Introduction to Marketing course includes industry-specific
case studies, workbook exercises and real-life situations that
explore the buying habits of broadband customers.

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