I'm only at the bottom of page 3 of the filing, but had to post this gem in the Sprint filing
"...the Clearwire Board panicked and its changed position."
Do you mean Sprint, that the people you put on the BoD to govern the company, lost their heads when given an offer by DISH and in a fit of panic forgot they were put there by you, so accepted the offer?!
Judge will be chuckling for the rest of the read...damx that's funny!
Although Google could certainly use the broader Sprint network, I don't believe they see themselves in the wire-line telecom business, rather as a data centric business which is somewhat different. I suppose they could simply try to spin off/out the older businesses, but that seems messy. With the cash and revenue they have, a data only network with the fiber backbones they are putting in now, seems more like their kind of move...but who knows? It is clear they do have some designs on the internet however with their actions.
The SB-S combination should be good long term, as long as they can keep enough spectrum or access to spectrum to offer unlimited plans, THAT will be their advantage in the market against the Big 2, who they have to take market share from to be successful.
Sprint holders don't have a choice, the BoD deemed the two-tiered offering from SB as the better bid and the shareholders can approve that or they approve nothing.
What do you guess SB does with the $3B they took back from the Sprint deal? How much minority float is out too be had? Is Ergen's plan B very acceptable to him or will he fight for his companies life, which it appears too be?
Court decisions are the wild cards, but may come after the fight is over.
Hey @yablome.heywood I like Apple a lot, I was just referencing the reports;
Network World - A new report from KWC says that Android devices as a group outsold the iPhone in the U.S. during the three months ending January 2013, with their share of total sales rising to nearly 50%. The report, based on the results of Kantar's ongoing consumer panel research, saw U.S. Android sales rise a little more than 6% compared to the same period one year ago, while iOS lost just less than 5%, finishing at about 46%. Sprint customers were particularly likely to buy Android devices during the studied time frame, according to the study - to the tune of 72% of all smartphone sales.
If that changes back over too Apple...great, Google will want to find some better way to compete!
The real bad news is we no longer have as much cash to get Clearwire and SoftBank can walk from our deal if we don't get them. I guess we can offer New Sprint shares as part of a bid?
Spok, these are some of the other 'things' that we know about Google in relationship to a wireless interest:
1. Google wanted to release a 'Google Wallet' application however the phone companies said they wouldn't allow it over their networks and then announced the development activity of their own eWallet application.
2. Google is testing the Clearwire 2.5Ghz spectrum at three locations per the now redacted FCC application forms.
3. Google is laying fiber optic cable backbones in KC and Austin
4. Google has made a rental space agreement for $2.00 per telephone pole with AT&T
5. Unlike Apple, Google is NOT tied to the phone subsidies from the telecom industry
6. Android is more than a match for the Apple operating system based on phone sales
Mike, It seems very possible that google needed some distance so they were not considered insiders when the buying happens and would not be restricted by the often mentioned EHA. It is just as possible they had no stomic for the Sprint/Comcast plans to "manage" Clearwire and figured the loss they incurred getting out can simply be view as a sunken cost which could be recaptured if the conditions were right for them in the future. They certainly have a vision for the internet and are moving with the fiber deployments and the satellite communication center in Iowa...we just don't have anything other than anecdotal evidence they will enter the wireless fray.
@mr_whigglee, I really don't believe there is a chance of them getting together, regardless of how much better all could compete with the big two...as one. The last letter to the FCC said Ergen was pushing xenophobia...someone like Ergen can take that very badly, even if true the very wealthy works hard at avoiding any such appearances and I frankly don't believe it of Ergen. The worst they can probably say without a big stretch is he is overly patriotic and has too much concern for the national safety (which I also don't agree with) in light of the governmental review of SoftBank.
I think Son might say Hesse has caused a lot of heartburn...I bet Hesse told Son that Clearwire was a slam-dunk at a low cost, but it hasn't worked out that way. Son now has a problem even if he wants to walk from Sprint to go after T-Mobile, as it will send a signal to the FCC that he is only committed to coming to the U.S. if he can do it on the cheap! (Bad thing to say if you want TM buyout approval as the FCC already has made it a captive company by not allowing the AT&T deal...DT can't get out!)
Same guy Mike, the board has simply polarized since you were here last, welcome back.
TR's technical understanding in the past was informative and caused many to educate themselves as best as they could, however his stance on the rights of the majority shareholder or lack of rights of the minority shareholders has not made him popular. As hard as he pushes in one opinionated direction you have others pushing in the opposite direction. (I believe it was Newton who said that's what happens?)
It remains a lively board and much information and misinformation is thrown around, but it will give you lots of reason to do your own DD and form an opinion.
Those are completely disingenuous comments. You know Sprint had a direct hand in the Clearwire decisions, starting with the WiMax implimentation, including the on and off retail efforts, plus the overnight growth of the subscribers for WiMax and the over-night halt of that growth, AND the contrived investment deficit they point too, which is only there because the CapEx is for the Sprint selected LTE sites which Clearwire is building for them.
That is just a BS argument. Sprint has had a major role in putting Clearwire in its current financial position and directly influenced any potential MVNO deals through over bearing control requirements the weak kneed Clearwire management succumbed too. Your comments are pure BS.
Funny they tested with 2.5Mhz and not their own currently held spectrum? Say, isn't Google using that same frequency for testing at three different sites per the redacted FCC application approval forms? I believe I also read Google is paying $2 per telephone pole to AT&T for rental space (but no locations were indicated). All tidbits, but all interesting.
" tender offer AND the agreement that Dish wants to force down Clearwire's throat goes through"
The Sprint loaded, Clearwire Board agreed the tender was a good idea, it was only forced upon the overly parental Sprint. Remember they only have a 51% variable investment in the Clearwire company, they don't have full control...they just want to act like they do and the EHA ensures they don't have control without the majority of the minority shareholders. (I wonder if the courts will review the BHN, Intel and Comcast voting agreement and decide they are captive votes and will not allow them to be included in the minority held votes?)
pdb, I not sure where you get off telling me who I should or shouldn't respond too? Although you have taken a position on Clearwire I mostly agree with, you should keep your advice on who comments on what post to yourself. As for who needs an audience, few have posted more often than yourself over the past few weeks. Lastly, more than a few on this board have 5X your self reported investment is in Clearwire and a few have 10X, and any have the right to respond or not respond too who they wish. I don't mean to attack you, rather just inform you of others positions and thoughts. Thanks in advance for considering what I have said.
You lost me on the last post TR? But DISH needs to do nothing at this point, Sprint can allege that Ergen rides backwards on a donkey every day too work, but that doesn't make it true and Ergen doesn't have to prove it, Sprint does.
@agamemnus_0, go read Revlon...I didn't make the rules, I simply stated what they are for a BoD in a sales process according to Delaware law and they say you don't know what your saying.
First, they didn't respond to Sprints rantings, they worked with the Clearwire BoD to modify the offer so it was acceptable...very common in a tender offering and not unusual at all.
The Clearwire BoD can choose to redeem the rights of a poison pill or choose not too based on what they feel their duties are under the Revlon rules, which requires them to maximize shareholder returns as they must now act as an auctioneer for the sale of the company. If the EHA is viewed as the "poison pill " it was intended to be for all the founding investors, then the BoD does not have too advance their rights, as it is intended to protect the corporation and not the outside investors. This is not a coercive offer by DISH being an all-cash offering, however the court could easily decide the EHA is a coercive agreement and find it unenforceable. I would guess that's why the Sprint loaded, Clearwire BoD changed the recommendation too be FOR the DISH offer.
One thing is correct, history, understanding it and what it indicates is important.
Funny how SB-S only brought the suit saying the tender offer was illegal AFTER they made a counter bid or two? The courts will see this as much more self serving rather than justice seeking since it was only brought forward when it became obvious SB_S would need to pay considerably more for full control?
Yep, history is important.