04.01.10
Posted in LightSquared, Operators, Regulatory, Spectrum at 1:32 am by timfarrar
Is Harbinger’s motto “Outwit, Outplay, Outlast“?
It surely wasn’t a surprise to Harbinger’s lawyers (who employ Tom Tycz, former Chief of the Satellite Division in the FCC’s International Bureau) that AT&T has challenged the conditions forbidding SkyTerra from leasing spectrum to AT&T and Verizon and restricting the amount of ATC traffic from those two operators.
Meanwhile, Harbinger’s announced intention to build a competing network has clearly forced AT&T to take ATC a lot more seriously than had apparently been the case in recent years. Presumably if the conditions were invalidated, then it might become harder for the FCC to resist any subsequent transaction with AT&T or Verizon. Thus Harbinger might conceivably foresee a profitable way out without having to take the risk of building an LTE network and actually having to attract customers.
On the other hand, if this project gets tied up in a legal and political battle for the next several years, then we might instead see Harbinger losing its investment and being voted off the island.
Permalink
03.30.10
Posted in Financials, LightSquared, Operators, Regulatory, Spectrum, TerreStar at 8:48 am by timfarrar
The initial response of AT&T and Verizon to the FCC’s approval of Harbinger’s plans has been extremely hostile, with AT&T describing the action as “manifestly unwise and potentially unlawful”. Presumably their reaction is at least partly due to the fact that it appears at least one and possibly both of them were caught napping by the FCC’s action.
Interestingly, Communications Daily is also reporting that the FCC’s Republican commissioners sought to have the limitations on leasing to AT&T and Verizon stripped from the Order, but were unsuccessful. We also understand that at least two MSS operators have come away from recent meetings with the Commission convinced that the forthcoming proposals to encourage the use of MSS spectrum for mobile broadband (promised in the National Broadband Plan) will suggest removing the requirement for all ATC terminals to have dual-mode satellite-terrestrial capability and instead simply require that the satellite services are offered to some subset of customers.
This sets the scene for a big political battle if and when Harbinger moves forward. You can imagine the potential for arguments between Democrats and Republicans about favoring well-connected hedge funds. Of course what might trump it all is if it turns out that Huawei is building (and possibly vendor financing) the network. In that case the specter of national security implications is likely to make Mr Falcone’s previous appearance before Congress seem like a cakewalk.
Permalink
03.27.10
Posted in Financials, Inmarsat, LightSquared, Operators, Regulatory, Spectrum, TerreStar at 4:01 pm by timfarrar
As we’ve been blogging over the last month, Harbinger is planning to deploy a multi-billion dollar US ATC network which is breathtaking in its ambition. On Friday, Harbinger filed a letter with the FCC summarizing these plans, which it had told the FCC confidentially a month earlier, before the FCC approved Harbinger taking control of SkyTerra and approved its ATC license modifications, both of which were also announced on Friday.
Specifically, Harbinger plans to develop a nationwide terrestrial broadband mobile 4G LTE network, which, without regard to satellite coverage, will provide wireless data on a nationwide basis, through over 36,000 base stations. The network will be operated on an open access basis and will initially use 23MHz of spectrum, including 8 MHz of 1.4 GHz terrestrial spectrum, 5 MHz of 1.6 GHz terrestrial spectrum (1670-75MHz) and 10 MHz of (SkyTerra’s) MSS/ATC L-band spectrum. Through a cooperation agreement with Inmarsat and associated waivers of the Commission’s ATC rules, by 2013 Harbinger will have access to an additional 30 MHz of ATC spectrum (in the L-band).
In addition, Harbinger also is discussing with other Commission licensees (presumably including TerreStar but clearly also including other terrestrial bands such as WCS) the possibility of hosting or pooling their spectrum in order to enable them on the terrestrial wireless network, i.e., the spectrum would be incorporated into the infrastructure of the terrestrial wireless network. The hosted or pooled spectrum then could be integrated with Harbinger’s spectrum to enhance the broadband capacity of the terrestrial network.
Service will begin in two trial markets, Denver and Phoenix, with a commercial launch before the third quarter of 2011 providing service to up to 9 million POPs. All major markets will be installed by the end of the second quarter of 2013. Harbinger has committed to the FCC that it will construct a terrestrial network to provide coverage to at least 100 million people in the United States by December 31, 2012; to at least 145 million people in the United States by December 31, 2013; and to at least 260 million people in the United States by December 31, 2015. By 2015, the company expects to serve more than 40 million connected consumer terrestrial devices on a wholesale basis, which is even more ambitious than Clearwire’s targets.
Just in case it wasn’t clear already, the proposed Harbinger bid for Inmarsat is not going to happen: the emphasis is on the Cooperation Agreement as the means of exploiting the L-band MSS-ATC spectrum. On the other hand, Inmarsat can’t be disappointed with $115M per year of incremental revenue with no cost and no risk.
Oh, and just to throw one more random guess out there, the first thing I thought of when reading T-Mobile’s recent statements that it has enough spectrum for the next couple of years, but that it was looking at various joint ventures to boost its holdings, and correlating it with Harbinger’s commitments not to sell more than 25% of its capacity to the two largest mobile operators, was that I bet I know who is number one on Harbinger’s list of potential target partners to use its new wholesale network.
Permalink
03.17.10
Posted in Financials, Handheld, LightSquared, Operators, Regulatory, Services, Spectrum, TerreStar at 8:27 pm by timfarrar
This morning I had a brief chance to try TerreStar’s new Genus phone before the MSS CEO panel at Satellite 2010/MSUA-7. As pointed out in previous posts, the link is quite sensitive to phone orientation (remember not to turn around during a call). In addition, the phone software is still being optimized to address various issues such as the delay in establishing a voice channel after a call is answered, and the registration time necessary to switch from cellular into satellite mode. However, satellite SMS appears to work well (both to and from the phone) and may end up being more important to TerreStar than originally anticipated. It will therefore be interesting to see to what degree TerreStar is able to take customers away from Iridium and other MSS providers (as TerreStar’s CEO indicated was his ambition) once the phone enters commercial service in the next few months.
While some questions remain about TerreStar’s satellite service, more clarity is emerging about Harbinger’s likely ATC plans after the release of the National Broadband Plan yesterday. As we noted a few weeks ago, it appears that a consortium is being put together by Harbinger (and a team of executives recruited) to build a new entrant LTE-based mobile broadband network, using a mixture of spectrum in the L-band, 2GHz band, 1.4GHz band and 1670-75MHz band, along with substantial vendor financing. The Broadband Plan indicates that the FCC is likely to be supportive of moves to accelerate the deployment of an ambitious ATC network, though Harbinger’s network would probably not require any substantive changes to current FCC regulations. It has been suggested to us that the network would ultimately require $4B of capex and another $4B in funding for subscriber acquisition and other costs, indicating a similar scale of ambitions to Clearwire, which is targeting a subscriber base of 30M users over a 10 year period. Such a plan would certainly be a transformative move for the entire MSS industry (even if its focus is almost entirely on terrestrial services), and so all of us will be waiting with bated breath to see whether Harbinger realizes its plans, something that now seems more likely than not to become clear in the very near future.
Permalink
02.24.10
Posted in Financials, Globalstar, ICO/DBSD, Inmarsat, LightSquared, Operators, Regulatory, Spectrum, TerreStar at 11:32 am by timfarrar
So the cat is out of the bag. As we noted last December, the FCC has been looking hard at how to make sure MSS spectrum is put to productive uses, and now in a speech by Chairman Genachowski, he has stated that the Plan will propose a Mobile Future Auction “permitting existing spectrum licensees, such as television broadcasters in spectrum-starved markets, to voluntarily relinquish spectrum in exchange for a share of auction proceeds, and allow spectrum sharing and other spectrum efficiency measures”. Specifically:
“The Plan proposes resolving longstanding debates about how to maximize the value of spectrum in bands such as the Mobile Satellite Service (MSS) or Wireless Communications Service (WCS) by giving licensees the option of new flexibility to put the spectrum toward mobile broadband use-or the option of voluntarily transferring the license to someone else, who will.”
It is going to be very interesting to see whether this “new flexibility” involves further liberalizing the regulations governing ATC, over what would undoubtedly be the heated objections of existing wireless carriers (who have always had a problem with potential “windfalls” for MSS spectrum holders). For example, would the FCC contemplate removing the requirement that all terminals must include satellite capability and offer a dual mode service (similar to the European S-band licenses which do not include any such restrictions)? Presumably any such carrot might come with a corresponding “use it or lose it” stick, although if an operator chose to stay with MSS-only services, it is hard to imagine that any third party could use the spectrum for terrestrial services at the same time.
However, MSS operators will certainly now be faced with a choice: do they continue to bet that (what conceivably might be more liberalized) ATC is the best way forward, and hope they can either partner with a leading wireless operator or attract investors to a new entrant wireless business plan, or do they agree to return their spectrum to the FCC in exchange for a share of the proceeds in the proposed Mobile Future Auction? The rest of this year will certainly be filled with many twists and turns in the MSS sector as we see which way operators will jump.
Permalink
02.18.10
Posted in Financials, Handheld, Inmarsat, LightSquared, Operators, Regulatory, Services, Spectrum, TerreStar at 8:05 pm by timfarrar
The FT’s Alphaville blog has highlighted various documents filed by SkyTerra with the SEC as part of its going private transaction with Harbinger, and suggested that Harbinger is still focused on the acquisition of Inmarsat that it originally proposed back in July 2008.
However, in our view these documents actually indicate the opposite, that although Harbinger is actively attempting to put together a consortium to fund an ATC network deployment, this is unlikely to include a bid for Inmarsat. The UBS analysis for Harbinger in July 2009, suggests three possible strategic options after the privatization of SkyTerra (Sol), namely:
(a) Acquire Inmarsat (Ignis)
(b) Pursue the Inmarsat (Ignis) Coordination Agreement
(c) Lease TerreStar (Taurus) Spectrum.
Over the last several months, it is clear that Harbinger has in fact pursued options (b) and (c) rather than option (a) (although admittedly it would not be able to launch a bid for Inmarsat prior to the SkyTerra takeover):
- SkyTerra declared the Inmarsat Coordination Agreement effective in December 2009 (prior to the two year deadline for this action); and
- TerreStar announced in January 2010 that it had entered a 90 day exclusive negotiation period to lease its satellite spectrum to Harbinger in exchange for an advance of $30M against its prior terrestrial (1.4GHz) spectrum lease to Harbinger.
While the Inmarsat coordination agreement (including its payment of $250M to Inmarsat to fit filters to existing Inmarsat terminals) is a necessity to make use of SkyTerra’s spectrum in any ATC network, in our view the potential Harbinger-TerreStar satellite spectrum lease is a direct alternative to pursuing a takeover of Inmarsat (albeit one which may not give access to European S-band spectrum, unless TerreStar is successful in its challenge to the European S-band process, or either Inmarsat or Solaris give up their licenses for this spectrum).
Similarly, while we understand that Harbinger is attempting to raise money from a consortium of investors over the next month or two, using this new funding to acquire Inmarsat would mean that it could not be used to fund a near term buildout of an ATC network. In fact, given the rise in Inmarsat’s stock price over the last year, it appears plausible that Harbinger might even decide to sell off some of its Inmarsat shares in order to provide funding for an ATC deployment, especially if Inmarsat decides to go down the route of spending its cashflows on a new I5 constellation with Ka-band capabilities.
There would be two ways in which an ATC network deployment could happen: if the buildout was funded by an existing wireless operator as a way to add capacity to its existing network, or as a (self-funded) standalone 4G new entrant to the US wireless market. We believe that Harbinger is pursuing the second of these alternatives at present, because the (less expensive and risky) first option is simply not open to it for the foreseeable future. As SkyTerra notes in its preliminary proxy statement:
“The Company had been actively pursuing a major strategic partner for a considerable period of time. In addition, during early to mid 2009 the Company had pursued and encouraged such parties to submit indications of interest to make an investment in and/or acquire the Company. No such partnering efforts were successful and no bona fide offers were received. In the judgment of Morgan Stanley, it was unclear that there was a short-or-medium term need for additional spectrum by ATC companies who were potential strategic partners. In addition, potential strategic partners had sources of spectrum other than through a partnership with SkyTerra, including via spectrum auctions by the FCC, and sales from SpectrumCo, Clearwire or from other entities in the satellite sector.”
Thus the pressing question is whether Harbinger will now be able to convince prospective partners/investors that a new entrant wireless business plan (presumably similar to that of Clearwire but based on LTE) would make sense. Though some funding might be available from (for example) an equipment vendor who would like to demonstrate its 4G technology (as has happened with Clearwire), it is less obvious who might be interested in providing distribution. Most importantly, with doubts persisting about whether Clearwire (with significant backing from wireless and cable operators) will be able to develop a sustainable 4G business, Harbinger will need to demonstrate a compelling reason why customers should choose its service over those of more established wireless providers. The only credible differentiator for such a wireless network lies in the satellite roaming capabilities that will be available (and mandated) in an ATC network deployment (and which Mr Falcone suggested to the Wall St Journal back in April 2009 would attract “vast global demand”). Thus potential partners’ attention will need to be focused on the TerreStar Genus phone (which now looks like it will come to market sometime in the second quarter of this year, after the deadline for Harbinger to complete its potential satellite spectrum lease with TerreStar), and whether they believe it can provide a compelling demonstration of competitive differentiation and market demand, based on this satellite roaming capability.
Permalink
01.05.10
Posted in Financials, Handheld, Operators, Regulatory, Spectrum, TerreStar at 4:39 pm by timfarrar
There’s a lot happening with TerreStar at the moment, as the company tries to complete the exchange offer to extend the maturity of its preferred shares. The deadline has now been pushed back until early February, while in a separate development, Echostar’s representatives have resigned from TerreStar’s board, effective December 31, 2009.
In the meantime, all eyes will be on the FCC, which needs to approve TerreStar’s ATC application (made back in the summer of 2007) before January 20, 2010 to prevent TerreStar defaulting on its loan agreement for the second satellite, which TerreStar’s deputy GC described in an October 2009 submission to the FCC as an event that “would likely be catastrophic to the company”. TerreStar will certainly be hoping that the FCC’s indications that it is taking another look at MSS allocations as one of the options to free up more spectrum for wireless broadband will not cause them to delay approval of TerreStar’s ATC application beyond this deadline.
Jan 13 update: TerreStar has just received its ATC license, and can look forward to launching commercial service in the “first or second quarter” of 2010 (per its recent statement to Satellite News) once the current testing phase is complete and the company has completed its Preferred Stock Exchange Offer and raised additional funding.
We’re planning to publish our new profile of TerreStar later this month, including forecasts of the market opportunity for both MSS and ATC services, and are also looking forward to trying out the TerreStar Genus phone when its demonstrated at the SATELLITE 2010 show in Washington DC in March. Its going to be fascinating to see whether TerreStar can succeed where others have failed in creating mass market demand for two-way MSS.
Permalink
12.07.09
Posted in ICO/DBSD, LightSquared, Operators, Regulatory, Services, Spectrum, TerreStar at 10:41 am by timfarrar
On Friday Dec 4 we attended an FCC discussion of the National Broadband Plan here in Menlo Park, at which Carlos Kirjner and Blair Levin presented on various issues being addressed in development of the National Broadband Plan. The most interesting part of the presentation was the assertion that “at least 150MHz” of TV spectrum could be freed up by relocating over the air TV broadcasters to a smaller portion of the UHF band “while keeping all major channels on the air”.
Its been widely discussed how the broadcasters might be incentivized to move, perhaps by offering them a share of the future auction proceeds, so at the end of the presentation I asked if a similar arrangement would be available for other spectrum bands, such as MSS. Blair Levin confirmed that other bands, including MSS-ATC spectrum, were also under review and that historic band allocations may no longer be optimal to meet future wireless spectrum demand. As part of the FCC’s review of Harbinger’s proposed purchase of SkyTerra, the FCC has also asked some very detailed questions about SkyTerra’s progress towards an ATC deal, and the discussions that they have had with different parties.
Will the National Broadband Plan provide an alternative way for MSS operators such as SkyTerra, ICO/DBSD and TerreStar to monetize their spectrum, as it does not look like any of these operators are going to move forward with ATC deployment in the near future? Globalstar’s ATC lease agreement with Open Range is seeing more progress, but is limited to a few million rural consumers (and the Open Range terrestrial rollout is being supported by USDA loan guarantees).
Certainly in the 2GHz band (unlike the L-band) there are no existing satellite services which would prevent operators returning their spectrum to the FCC for re-auction. The National Broadband Plan is due to be published in February 2010, so we will soon see whether the FCC is going to come up with a plan to make sure that MSS spectrum is put to use in terrestrial networks in a more timely manner.
Permalink
07.03.09
Posted in Inmarsat, LDR, LightSquared, Operators, Regulatory, Services at 9:12 am by timfarrar
In April 2009, Inmarsat announced that it would be taking a 19% stake in SkyWave, facilitating SkyWave’s acquisition of Transcore’s satellite communications assets. However, SkyBitz, Wireless Matrix, XATA and Comtech Mobile Datacom [the Commenters] jointly objected to SkyWave’s FCC application for the transfer of these assets, citing “numerous and substantial negative impacts on MSS Providers and other end-users using L-band capacity”. Although the submission is heavily redacted, it appears that one of their primary concerns relates to the “restrictive trade covenants included by Inmarsat” in the Transaction and they demand an explanation of how Inmarsat “will ensure non-discriminatory treatment of all MSS Providers and other end-users with respect to capacity, availability and contractual terms and conditions”. The Commenters “believe in fact that the Transaction will (i) actually eliminate competition for end-users (as a result of the Covenant), (ii) delay deployment of advanced satellite services to end-users other than SkyWave’s customers, (iii) result in higher pricing to end-users at the expense of higher margins for SkyWave and Inmarsat, and (iv) ultimately reduce the affordability of MSS services for end-users.”
While it remains unclear exactly what is contained in the “Covenant” referred to in these comments, Inmarsat noted at its recent investor conference that one of its motivations for investing in SkyWave was to promote consolidation in the Low Data Rate (LDR) industry, and that more than half of the investment comes in the form of future airtime credits. The Transaction also “provides for a fully funded development programme for new products and services” and will drive “traffic growth on Inmarsat satellite network”, we assume at least partly as a result of SkyWave and Transcore committing to use Inmarsat’s capacity exclusively (Transcore currently uses SkyTerra’s L-band capacity in North America). The airtime credits and development program certainly give SkyWave an advantage over other providers using leased L-band capacity, and this financial and commercial advantage is presumably what would induce the “consolidation” that Inmarsat seeks.
What is particularly interesting is that on June 29, SkyWave withdrew its FCC application to undertake the Transaction and on June 23, Inmarsat (in conjunction with other MSS operators) sought an extension of time until July 14 to respond to the FCC’s consultation proceeding for its Third Annual Report to Congress on Status of Competition in the Provision of Satellite Services in which the only meaningful concern was also expressed by SkyBitz.
With SkyBitz (which currently uses leased SkyTerra capacity) cited by Inmarsat as one of the “key competitors” in the LDR market (and the only plausible one that could switch to Inmarsat capacity, since the other key competitors listed, namely Iridium, Qualcomm and Orbcomm, all use incompatible technologies), it will be very interesting to see what happens over the next few weeks: will Inmarsat restructure (or even abandon) the SkyWave Transaction to eliminate the “restrictive trade covenants” that SkyBitz is concerned about (presumably making it more difficult to promote the consolidation Inmarsat seeks), or will Inmarsat actually facilitate a deal between SkyBitz and SkyWave to fulfill its market consolidation objective and eliminate the most prominent source of objections?
Permalink
06.29.09
Posted in Financials, ICO/DBSD, Operators, Regulatory, Spectrum, TerreStar at 9:23 am by timfarrar
In a recent Report and Order, released on June 12, 2009, the FCC addressed the issue of when ICO and TerreStar can offer commercial service in North America, which has been delayed by the need to clear their uplink band (2000-2020MHz) of existing Broadcast Auxiliary Service (BAS) users, who are being transitioned to frequencies above 2025MHz. In the Order, the FCC removed the requirement that ICO and TerreStar must wait until all of the top 30 broadcast markets have been transitioned before they can launch service. However, ICO and TerreStar will have to coordinate with BAS users if they are to operate in uncleared markets, and Sprint Nextel now has until February 8, 2010 to complete the transition. As a result, though TerreStar intends to begin offering service in late 2009, it looks likely that national service will not be available until several months later.
More importantly, as part of the order, the FCC initiated a Further Notice of Proposed Rule Making (FNPRM) related to the sharing of costs for the BAS transition (which Sprint Nextel has paid but is seeking to reclaim from other operators who will use the spectrum). The FCC “tentatively conclude[d] that MSS operators and future AWS licensees will have an obligation to share, on a pro rata basis, in the costs associated with the relocation of BAS incumbents if they “enter the band??? prior to the BAS sunset date of December 9, 2013″ and “tentatively conclude[d] that an MSS operator “enters the band??? and thus incurs an obligation to share in the costs associated with relocation of BAS incumbents when its satellite is found operational under its authorization milestone”. In April 2009, Sprint Nextel estimated these costs at $100M each for ICO and TerreStar. ICO and TerreStar have previously argued that they should not be liable for any of these transition costs, so if confirmed, the FCC’s tentative conclusions would be a significant additional cost for both companies. However, it is uncertain if the recent bankruptcy of ICO North America will affect Sprint Nextel’s claim, including whether the ICO Global parent company (which was not part of the bankruptcy filing) will avoid this liability.
Permalink
« Previous Page — « Previous entries « Previous Page · Next Page » Next entries » — Next Page »
