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Friday, September 5, 2008

New York Sun Says it May Close in September 2008

The editor of the New York Sun, a small five-day-a-week newspaper that professes to offer "an alternative" to The New York Times, said Wednesday the paper may close at the end of September 2008 if it doesn't receive new backing.

The Sun "has yet to achieve its financial goal of making a profit," editor Seth Lipsky said in a letter to readers posted on the paper's Web site. The letter is to appear in print editions in September 2008.

"As costs rise and the advertising market for newspapers generally tightens, keeping the Sun alive and moving it toward self-sufficiency will require broadening the base of investors beyond the original group," Lipsky's letter said.

The paper's investors are willing to infuse more capital, and talks with other newspaper owners and investors about "possible combinations or investment relationships" will continue, he said. But there's no guarantee of rescue for the paper, whose losses he called "substantial."
Lipsky said The Sun is losing money despite "increases in print advertising revenues not only last year and the year before but also so far this year" - in contrast with most newspapers across the country.

The Sun was founded in October 2001 and began publishing daily in April 2002, according to Lipsky's letter.

Thursday, September 4, 2008

Regional Retailer Boscov's Files for Chapter 11

Regional retailer Boscov's Department Store LLC filed for Chapter 11 bankruptcy protection Monday, making it the latest casualty of the consumer spending slump.

The filing, which came six days after Mervyn's LLC sought court protection from its creditors, highlights the challenges midtier regional department stores face as consumers cut back on discretionary spending amid rising fuel and food costs.

"We are middle America," said Maralyn Lakin, Boscov's senior vice president and a member of the family that controls the company. "I have never seen anything like this."

Regional department-store chains like the 97-year-old Boscov's were once the go-to destination for shoppers seeking everything from furniture to electronics, cookware and women's clothing.

But their local focus left the chains exposed to regional economic problems like the real-estate market collapse that hurt Mervyn's in California and Arizona, as well as fierce competition from national chains like J.C. Penney Co., Kohl's Corp. and Macy's Inc. At the same time, their small size -- once an advantage that allowed them to respond quickly to local tastes -- has prevented many regional chains from cutting deals with suppliers for exclusive lines they could use to differentiate themselves from competitors.

"You go into these chains and you find the same presentation and the same assortment," said John Champion, vice president at retail consultancy Kurt Salmon Associates. Other regional chains include Bon-Ton Stores Inc. of York, Pa., Gottschalks Inc. of Fresno, Calif., and Dillard's Inc. of Little Rock, Ark.

Boscov's, which had revenue of about $1.25 billion last year and has 49 stores in the mid-Atlantic U.S., said it will close 10 stores and liquidate inventory to repay creditors and reduce overhead. The remaining stores will continue to operate, with the help of $250 million in debtor-in-possession financing from Bank of America. The Reading, Pa.-based chain also said it is exploring a sale of substantially all of its assets to a third party.

The regional chains' woes can be traced to two things: the internet and department-store consolidation. Better deals on the in-store brands, less gas consumption, and simple convenience are often the reasons people turn to online shopping. Thus, online shopping, especially for women's clothing, has continually increased in recent years. The other obstacle, department-store consolidation, began three decades ago and culminated in 2006 with the merger of Federated Department Stores and May Department Stores into a national behemoth now called Macy's Inc.

Regional chains were "overzealous" in snapping up locations vacated by bigger chains, said Antony Karabus, chief executive of retail consultancy Karabus Management. Boscov's purchased 10 stores from the combined Federated-May company. Around the same time, Bon-Ton bought 142 stores from Saks Inc., including the Carson Pirie Scott and Bergner's chains.

Survivors like Macy's, which now operates nearly 850 stores, had the clout to develop and promote house brands and negotiate exclusive deals with hot brands. With Penney and Kohl's signing deals of their own with designers like Vera Wang and Nicole Miller, many struggling apparel makers began getting rid of low-margin moderate brands that had lost their cachet.

The result: Regional chains "can't get moderate product anywhere," said Wesley Card, chief executive of Jones Apparel Group Inc. Jones is reviving its moderately priced Evan Picone brand for the 280-store Bon-Ton chain. And this month, Bon-Ton is relaunching J.H. Collectibles, a label Liz Claiborne Inc. sold to Li & Fung. Bon-Ton hopes both labels will help attract shoppers when the economic climate improves.

By: Rachel Dodes
Wall Street Journal; August 5, 2008

AT&T to Be Provider Of 'Cloud Computing'

AT&T Inc. is unveiling a service that provides computer networking and storage services for business customers, making the telecommunications giant the latest company to invest in what is known as "cloud computing."

Cloud computing has become a crowded field in a short period of time, as technology companies such as Google Inc., International Business Machines Corp. and Amazon.com Inc. have announced initiatives. Verizon Communications Inc. said it plans to enter the market in the first half of 2009.

Cloud computing's appeal is that it can eliminate a company's need for its own data center. It also lets businesses pay for bandwidth on an on-demand basis.

One of AT&T's first customers is the U.S. Olympic Committee. The organization, which runs teamusa.org and other Olympics Web sites, knows traffic will leap this month as fans watch videos and look up event results and then drop sharply as soon as the games are over. It plans to use the AT&T service to increase its network bandwidth temporarily.

Jim Paterson, a vice president of product development at AT&T, said another type of business that could benefit from cloud computing would be an e-commerce retailer that sees a spike in activity on Black Friday, the day after Thanksgiving. Mr. Paterson said companies can cut networking and storage costs by as much as 30% with a cloud-based service.

Cloud computing carries risks. Amazon's storage service had an interruption last month, its second outage this year, disabling businesses that relied on it for their operations, and some companies may shy away from using a data center that they don't have physical access to in case of emergency.

Businesses are increasingly concerned with "elasticity" in their technology infrastructure, said Daryl Plummer, a cloud-computing analyst at Gartner Inc. Anticipating those needs isn't easy, he added, and both under- and overestimating them can cause problems ranging from crashes to being stuck with unnecessarily high hosting costs.

"A business has unknown capacity requirements, or maybe believes they know what the capacity requirements are, but is going to be surprised by something," he said. "Worse yet, after they respond to the enhanced need, they scale up to support it, and then it goes away."

By: Andrew Lavallee
Wall Street Journal; August 5, 2008

Dish Network Again Casts Its Deal Gaze at DirecTV

Dish Network Corp. Monday posted the first quarterly subscriber losses ever reported by a major U.S. satellite-TV provider. The results highlight a strategic problem that is prompting Chairman and Chief Executive Charles Ergen to weigh another attempt to merge with rival DirecTV Group Inc., people familiar with the matter say..

After an unbroken string of subscriber gains since Dish Network launched its service 12 years ago, the company said that its customer base shrank by 25,000 subscribers amid a weaker-than-expected financial performance in the second quarter. The No. 2 satellite-TV service faces escalating pressure to devise a new survival strategy in the face of tough competition not just from DirecTV, but also from cable providers and telecom firms offering TV service.

Now, people familiar with the matter say, Mr. Ergen appears to be positioning Dish for a major strategic shift that may involve reviving attempts to combine Dish and DirecTV. Mr. Ergen previously attempted to do such a deal in 2001, when he tried to acquire DirecTV's then-owner, Hughes Electronics Corp. But regulatory opposition from the Justice Department, the Federal Communications Commission and several states caused Mr. Ergen to abandon the deal.

Today, Mr. Ergen thinks the environment may be more receptive for a Dish-DirecTV deal -- primarily because federal regulators just signed off on a similar deal, the combination of Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. (See related Heard on the Street commentary.) In that case, the companies argued that their merger should be allowed because they compete not just with each other, but a wide range of entertainment offerings. Similarly, Dish and DirecTV today could argue that they face competition from across the cable and telecom industries in addition to each other.

Even so, any merger discussions with DirecTV -- which now is controlled by John Malone, a longtime social acquaintance and business associate of Mr. Ergen -- are likely to be long and complicated, while still facing significant antitrust hurdles. Though Dish executives and those representing DirecTV have had some general discussions about the idea in recent months, people close to the matter say no formal proposals have been made.

Yet analysts believe that Mr. Ergen's other obvious strategic option -- selling Dish to AT&T Inc., or another telecommunications company -- seems less likely based on the last quarter's dismal financial results. Blaming poor economic conditions, signal theft and "aggressive promotional offerings" by competitors, the Englewood, Colo., company is scrambling harder than ever to catch up in the areas of customer retention and profitable high-definition programming.

Dish reported a 50% increase in net income to $335.9 million, or 73 cents a share, versus $224.2 million, or 50 cents a share, a year earlier. Revenue climbed 5.6% to $2.91 billion. However, customer retention statistics worsened and the company said reversing that trend would cut into future earnings and cash flow. Craig Moffett, an analyst at Sanford C. Bernstein & Co., said the company is "on the brink" of decline because "each and every [financial] metric was weak." At this point, he said, "it is not obvious [that Dish is] an attractive candidate for anyone."

In 4 p.m. Nasdaq Stock Market composite trading Dish shares fell $1.05, or 3.6%, to $27.91.

Mr. Ergen -- whose company has increasingly wilted in the face of revved-up competition -- has done little to discourage analysts or investors from pondering the benefits of a potential merger. According to people close to Mr. Ergen, the Dish chief recently told associates he still harbors dreams of eventually masterminding such a deal with DirecTV and persuading antitrust enforcers to approve it.

"A gambling man would bet it happens, and maybe during the next couple of years," says Jimmy Schaeffler, chairman of Carmel Group, a Monterey, Calif., consulting firm.

Representatives of Dish and DirecTV, in which Mr. Malone holds a 48% stake through his Liberty Media Corp. unit, have declined to comment on the matter. "Liberty thinks a DirecTV and Dish merger is worth exploring, but is unsure of the antitrust issues," said Greg Maffei, Liberty Media's chief executive.

Until recently, Dish's lower-cost programming packages and shrewd marketing by Mr. Ergen often bested DirecTV in snaring the most new satellite subscribers. In the year-ago quarter, Dish landed 170,000 net additional subscribers. During a conference call with analysts Monday, Mr. Ergen said the company "got wobbly in terms of execution" at least a year ago, but it is now "delivering a better customer experience" than in the first quarter. "We have confidence that we can still grow," he said.

DirecTV, which is faring better in gaining subscribers, is expected to report a net gain of 130,000 subscribers during the second quarter when it announces results Thursday. During the first quarter, DirecTV snared 275,000 net subscribers.

With more than 17 million subscribers and annual revenue topping $17 billion, DirecTV has been extending its lead over the Dish network's nearly 14 million subscribers and corresponding revenue of more than $11 billion. But to maintain DirecTV's momentum, Liberty Media officials realize they also need to make some strategic moves over the next few years.

Both satellite players confront revitalized cable operators and telecommunications giants such as AT&T and Verizon Communications Inc., which are spending billions of dollars to roll out competing television and movie distribution systems. AT&T gained more than 173,000 net video subscribers in the latest quarter. Satellite providers so far haven't been able to keep pace, largely because they can't appeal to customers by offering matching bundles of entertainment, Internet connections and phone services.

In the past few months, according to people familiar with his thinking, Mr. Ergen has calculated the potential savings and synergies of a merger at up to $2 billion annually, mostly through pooling of satellite assets, customer-service operations and marketing expenditures. Mr. Ergen envisions that a single satellite provider would have the scale and financial resources to market something neither Dish nor DirecTV has been able to muster individually: a potent broadband offering.

Such a deal could pass antitrust muster, according to Mr. Ergen's argument, because customers in urban and other areas would end up receiving an important new service option. In rural regions, where satellite antennas today typically are the only way to receive pay-TV options, a merged satellite entity could assuage fears about reduced competition by pledging to peg monthly charges to the lowest fees paid by subscribers anywhere across the country.

Despite all the chatter and industry maneuvering, nothing dramatic is likely to occur until after the November elections. "You don't want to waste a lot of time when you don't know who the ultimate decision makers are going to be," said Beau Buffier, an attorney with Shearman & Sterling.

By: Andy Pasztor & Vishesh Kumar
Wall Street Journal; August 5, 2008

Alcatel Goes on Hunt for New Leaders

Directors Approach Former Chief of BT, But Are Rebuffed

Alcatel-Lucent is kicking off a global hunt for new leadership this week, after former BT Group PLC boss Ben Verwaayen rebuffed an initial approach from the company a few days ago, people familiar with the matter said.

The search, to be run by executive recruiter Korn/Ferry International, is aimed at bringing a firm management hand to the big telecom-equipment maker and easing cultural tensions after two years of tumult that led to last week's decision to remove Chief Executive Patricia Russo and Chairman Serge Tchuruk.

Details of the sudden decision are just beginning to emerge. Alcatel-Lucent's board decided Ms. Russo, an American, and Mr. Tchuruk, a Frenchman, should leave after each of them told the board separately at a July 27 meeting that they could no longer work with the other, according to people familiar with the matter.

The CEO and chairman have been at odds over their respective roles and strategy, these people said, since soon after they engineered the 2006 merger between Alcatel of France and Lucent Technologies Inc. of the U.S.

The company isn't likely to seek successors for Ms. Russo or Mr. Tchuruk internally, and the two highest posts may also be combined into one, people familiar with the matter said.

Among the candidates, said people familiar with the board's thinking, are Thierry Breton, a former French finance minister and ex-chairman and CEO of France Télécom SA, and Philippe Germond, CEO of information-technology company Atos Origin SA. Stephen B. Burke, chief operating officer of U.S. cable operator Comcast Corp., is also under consideration, these people said.

Messrs. Germond and Breton didn't return phone calls and emails seeking comment. Mr. Burke declined to comment, as did Mr. Verwaayen.

In addition to cultural rifts, Alcatel-Lucent's new management team will face tough business decisions. The company, which makes telephone and Internet equipment for telecom operators like AT&T Inc. and Sprint Nextel Corp., has lost nearly two-thirds of its market value in the two years since the merger. Last week, it posted its sixth consecutive quarterly loss as its core equipment business wilted under competition from low-cost Asian rivals.

A spokeswoman for Alcatel-Lucent declined to comment on the board's discussions, saying they were confidential, and she disputed the suggestion that Ms. Russo and Mr. Tchuruk had a difficult relationship.

But the two corporate leaders had been at loggerheads since the merger, which has failed to deliver on its promise of creating a global telecom-equipment player with the scale and strength to survive in an increasingly competitive market.

Mr. Tchuruk, reached by phone, said he didn't want to comment beyond the news release Alcatel-Lucent issued Tuesday, which presented his departure as a voluntary resignation: "There is nothing to add," he said.

Ms. Russo, through a spokeswoman, declined to be interviewed for this article. In an interview Tuesday, she denied there had been pressure on her to leave. "No one is getting fired here," she said. "The only pressure on me to leave has been in the media."

The tension between Ms. Russo and Mr. Tchuruk centered largely on how to handle the crisis that engulfed Alcatel-Lucent in 2007 as the telecom-gear market cratered. But Mr. Tchuruk also found it hard to step back from day-to-day management, according to people who worked with him. Ms. Russo felt she would never earn Mr. Thrum's respect, these people said.

The merger between Alcatel and Lucent was largely the brainchild of Mr. Tchuruk, who believed both companies were too small to survive alone. He had tried to merge Alcatel with Lucent in 2001, but the deal fell apart over price and how to share power between the two sides. Years later, Mr. Tchuruk saw in Ms. Russo someone who shared his vision and, in April 2006, they announced the merger. But their relationship quickly hit the rocks.

In January 2007, and again in April, Alcatel-Lucent was forced to issue warnings that its performance would be worse than expected. Mr. Tchuruk put pressure on Ms. Russo over these missteps, according to a person familiar with the matter. Although he wasn't meant to have a daily operational role at the company, Mr. Tchuruk kept calling heads of business units and other middle managers, something that irked Ms. Russo, this person said. Mr. Tchuruk criticized Ms. Russo to others at the firm, according to a person familiar with the matter.

Meanwhile, the telecom-equipment market was deteriorating. Alcatel-Lucent's main clients were consolidating and squeezing their budgets. Chinese manufacturers were developing low-cost alternatives to the equipment Alcatel-Lucent was selling.

In mid-September 2007, pressure mounted on Ms. Russo, as she issued the company's third profit warning, and some investors and analysts called for her head. Around that time, a few board members privately approached Frederic Rose, Alcatel-Lucent's head of Europe, Africa and Asia, to see whether he would agree to take over Ms. Russo's job, according to a person familiar with the matter. Mr. Rose, who didn't return calls or emails seeking comment, has since left the company to take the helm at French digital-video company Thomson SA.

Ms. Russo weathered the storm, and the board approved her turnaround plan, which included shrinking the management team to seven people from 21, more layoffs and further cost cutting.

But the respite was temporary, and talk of Ms. Russo's removal remained in the air. In 2008, Alcatel-Lucent reported two quarters of losses, and its share price stagnated.

A few weeks ago, the Alcatel-Lucent board sounded out a "facilitator" to work out the details of a possible management reshuffle, including legal options should it seek to remove Ms. Russo or Mr. Tchuruk, according to a person close to the board.

When the board met July 27 for an informal retreat at a hotel near Lucent's former headquarters in Murray Hill, N.J., discussions quickly tensed up after turning to the issue of the relationship between Ms. Russo and Mr. Tchuruk, people familiar with the board meeting said.

At one point, Ms. Russo and Mr. Tchuruk were summoned to speak to the board separately, according to one person who was present. In succession, the two executives were asked whether they could stay on and work with the other, this person said. Ms. Russo told the board she wanted to keep her job, but felt the time had come for Mr. Tchuruk to go. Mr. Tchuruk said he wanted to stay but that Ms. Russo should leave, according to this person.

Without Ms. Russo and Mr. Tchuruk present, a majority of directors decided by 9 p.m. that Sunday that it would be in the company's best interest for both executives to go, people familiar with the meeting said. Last Tuesday, the company said that Ms. Russo would stay on until the board found a successor, and that Mr. Tchuruk would step down on Oct. 1.

Henry Schacht, a former Lucent CEO and longtime friend of Ms. Russo, resigned his board seat after he disagreed with the majority's decision to replace his protégé, according to a person familiar with the situation. Reached by email Monday, Mr. Schacht said, "I do not comment on board matters."

By: David Gauthier – Villars, Joann Lublin & Leila Abboud
Wall Street Journal; August 5, 2008

U.S. Minority Population Increases, Spreads Out

Metropolitan areas across the U.S. continue to get more diverse as minorities, especially Hispanics, increase their share of the population.

Figures that were scheduled to be released Thursday by the Census Bureau show that Hispanics continue to spread beyond traditional gateway cities like Los Angeles and New York into other cities, suburbs and rural America. The Hispanic population of St. Joseph, Mo., about an hour north of Kansas City, increased 21% from July 2006 through July 2007, the largest percentage increase in the country.

Scranton, Pa., had an increase of 17% in its Hispanic population, and Hagerstown, Md., in northwestern Maryland near the Pennsylvania border, had an increase of about 14%.

The boom in Hispanic population, the majority of which comes from births rather than immigration, continues to be the driving force in U.S. demographics. The Hispanic population increased in 95% of counties with an overall population greater than 10,000.

Many of the metro areas with a fast-growing Hispanic population, such as Madison, Wis., and Charlotte, N.C., have attracted a mix of Hispanic immigrants as well as domestic migrants who have left gateway cities.

"We continue to see growth and spreading of new minorities across the country," says William Frey, a demographer at the Brookings Institution, a Washington think tank. "At the same time, the white population is getting older and becoming more constrained."

The white population is declining in about half of U.S. counties. About one in 10 counties is "majority minority," meaning more than half the population identifies itself as something other than non-Hispanic white.

Whites are projected to fall below 50% of the total U.S. population by 2050. Several states, including Texas, California, Hawaii and New Mexico, have already hit that milestone.

Among the black population, the largest growth is among southern cities, as many African-Americans migrate away from northern cities.

The largest numerical gain of African-Americans was in Atlanta, whose black population rose by about 65,000 from July 2006 through July 2007. The Dallas-Fort Worth area added 23,000 African-Americans, and Charlotte, N.C., added 17,000.

By: Conor Dougherty
Wall Street Journal; August 7, 2008

Two Charged in Medical-Care Billing Scam

A top hospital official and the operator of a homeless facility face federal Medicare fraud charges for their alleged involvement in an elaborate plan to recruit homeless individuals for unnecessary health-care treatment and then bill the government for it.

Federal Bureau of Investigation agents on Wednesday arrested Rudra Sabaratnam, chief executive of City of Angels hospital, and Estill Mitts, operator of a homeless assessment center in Los Angeles's downtown "Skid Row," for conspiring to persuade homeless people to act as patients in an attempt to fill beds, according to the U.S. attorney's office here.

"Individuals who saw a great deal of money were trying to line their pockets illegally with millions of dollars that were intended to go to the elderly and the sick," said U.S. Attorney Thomas P. O'Brien. Mr. O'Brien said the investigation was ongoing and he expects other defendants to be indicted in the near future.

Lawyers for Messrs. Sabaratnam and Mitts couldn't be reached for comment.

At the same time, Medicare fraud whistleblowers have filed civil charges against three Southern California hospitals where search warrants were served Wednesday as well as against their chief executive officers and other alleged co-schemers, including an ambulance company.

Lured by the promise of money -- about $30 -- homeless individuals checked into hospitals, where they often received unnecessary and even potentially harmful diagnoses or treatments, according to the civil complaint. One homeless patient was given a nitroglycerin patch, which dropped her blood pressure to such levels that her life was imperiled, said Los Angeles City Attorney Rocky Delgadillo. As a result, Medicare and Medi-Cal, a joint federal and state program, were billed for the false services and provided the hospitals with compensation.

Los Angeles's sizable homeless population has been the subject of controversy in recent years, as some hospitals have been charged with dumping their discharged patients onto the streets of Skid Row. A new city ordinance, believed to be the first of its kind in the nation, makes it a misdemeanor for health facilities to transport a patient to a place other than his or her residence without written consent.

This investigation began as a result of a videotape by Los Angeles Police Department officers who noticed an ambulance dropping off five homeless people in downtown Los Angeles. One of those homeless individuals later came forth to reveal information about the alleged recruitment scheme.

"This is a shameless exploitation of the homeless population," said Mr. Delgadillo. "Skid Row has served as a cloak of chaos. But we're peeling back the onion and sending the message to these charlatans that the city and our residents do care about those who are in the most vulnerable situation in L.A."

By: Amy Kaufman
Wall Street Journal; August 7, 2008

HSBC Is Under Pressure

HSBC Is Under Pressure
Diminishing Return On Capital Emerges As Investor Red Flag

When any company's return on invested capital converges toward its cost of capital, it should ring alarm bells.

That is the worrying prospect facing HSBC's shareholders. Even though it has emerged relatively unscathed from the credit crunch, the U.K. and Hong Kong-based bank's returns have come under pressure.

HSBC's ROIC, a gauge of how profitably a company is investing its money, fell to 12% in the first half from 18.4% in the same period last year. The bank estimates its own cost of capital at 10%.

Admittedly, HSBC's performance looks stellar when compared with rivals such as Citigroup, which has spent recent quarters drowning in red ink. But HSBC is still under pressure to find ways to deploy capital more effectively and to shed low-earning assets.

One issue is that the emerging markets, where HSBC invested in recent years, haven't provided sufficient earnings to offset problems in the U.S. and slower-growing European markets.

HSBC has allocated plenty of capital to Asian markets, including China and India. The long-term economic outlook is good. But as the sharp declines on Asian stock markets have shown this year, there could be hiccups along the way.

Meanwhile, HSBC's return on assets has fallen recently in Hong Kong. In the rest of Asia Pacific, its first-half return fell to 1.4% from 1.7% a year earlier.

These disappointing returns have proved a drag on HSBC's overall performance. And the self-styled "world's local bank" remains weak in some regions where growth is fast.

In north Asia, it is trying to remedy that with the time-consuming exercise of taking a majority stake in Korea Exchange Bank. HSBC operates in Turkey but isn't that strong in eastern and central Europe.

Bulking up in new, fast-growing markets looks sensible. But HSBC also needs to keep cutting its exposure to some struggling businesses in the U.S. HSBC North America's risk-weighted assets rose 11% to $374 billion in the first half, under the new Basel II banking rules, with most of the rise at HSBC Finance. That is the old subprime-dominated Household International, HSBC's U.S. unit into which it has pumped $2.2 billion in equity this year and which continues to need intensive treatment.

The area where HSBC should make more of what it already has is its global banking-and-markets unit. On the one hand, there is the temptation to do a big deal, with HSBC's name sometimes linked to potential bids for an investment bank.

On the other, HSBC's strong balance sheet seems to be giving the global banking and markets business some traction in its own right. It accounted for more than 26% of group net profit in the first half.

HSBC can try deploying modest amounts of capital in that area to gain market share, as rivals retrench, while continuing to buy emerging-market assets. That might be more attractive to investors than trying to time the purchase of a distressed U.S. investment bank.

Dish Network Whiffs Against Triple Plays: Phone, Cable, & Internet

Dish Network has plenty of possible excuses for its startling second-quarter loss of 25,000 subscribers. There is the slowing economy, increased competition from phone companies and seasonal factors.

Whatever the truth, the satellite operator's results highlight a serious concern for investors: In a market dominated by cable and telephone companies selling packages of video, telephone and Internet services, satellite is too much of a one-trick pony.

Unlike satellite operators, both cable and phone companies have been able to offset losses in one product area with growth elsewhere. Comcast, for example, reported a drop in basic-video customers last week. But investors -- more interested in the cable operator's subscriber gains in phone and high-speed Internet -- shrugged off the news.

Dish needs to find an exit strategy. One option is a cost-cutting merger with rival DirecTV. The trouble is, even though struggling satellite-radio companies Sirius and XM recently won approval for such a deal, it doesn't follow that profitable Dish and DirecTV would gain clearance.

Dish might have more luck trying to strike a deal with AT&T. The telecom giant made clear last month that, despite its move to terminate its Dish marketing arrangement, it plans to continue reselling a satellite option to customers not served by its cable-based TV product.

As for timing, don't hold your breath. Dish may do well to wait until it has a better handle on the regulatory climate after the presidential election.

By: Arindam Nag
Wall Street Journal; August 5, 2008

No Fun for Six Flags As Parks Face Slump

Six Flags Inc. Chief Executive Mark Shapiro looked up at Goliath, a 200-foot-tall roller coaster just outside of Atlanta, as riders roared downhill at 70 miles per hour. "Nice ride," he noted. "But we'll never get our return on investment with it."

Six Flags, one of the nation's largest amusement-park companies, is under serious financial strain. It hasn't posted an annual profit in years. It's weighed down by $2.4 billion of debt, and faces a $288 million payment to preferred stockholders next August.

Luring more customers to its 20 amusement parks during the peak summer months is essential to the New York-based company's turnaround effort. "This is the year we've got to put a number on the board that impresses," Jeffrey Speed, the company's chief financial officer, said last month. "It's a show-me story, and we've yet to perform. We know that."

Mr. Shapiro, the former head of programming at ESPN, has been trying to cut costs wherever he can. While competitors such as Ohio-based Cedar Fair try to lure more customers with ever bigger, more outrageous and expensive roller coasters, Six Flags is moving in an opposite, family-friendly direction. It has barred bikini tops and banned smoking everywhere but in small areas on the outskirts of the parks.

On Monday, Six Flags gave investors the first indication that its overhaul may be gaining traction. It posted a second-quarter profit of $94.6 million, in part due to a recent debt-restructuring deal.

But it's a terrible time for any company to try to pry more disposable income out of the wallets of beleaguered consumers. Consumer confidence is shaky, and sky-high gasoline prices are causing Americans to think twice about unnecessary driving. Already, several retailers and restaurant chains that cater to middle-market consumers have sought bankruptcy protection.

"Some theme parks held up in the last recession, but this is a different downturn, so you can't necessarily say they will hold up during this one," says John Puchella, a theme-park analyst for Moody's Investors Service. "This is a consumer-led downturn." Moody's estimates that attendance at amusement parks will drop about 5% this year.

At Six Flags, attendance declined 3% in the quarter, in part because Easter didn't fall during the second quarter this year. But revenue inched up 1%, thanks to management's efforts to squeeze more money from sponsorships and licensing fees.

Six Flags shares were down nine cents at $1.03 a share in 4 p.m. composite trading Monday on the New York Stock Exchange. They remain far below the $3.67 they were trading at one year ago.

That's bad news for two big Six Flags investors -- Washington Redskins owner Daniel Snyder, who won a proxy fight for control of the company in 2005, and Microsoft's Bill Gates, whose investment fund backed Mr. Snyder. As of March 31, Mr. Snyder, now the company's chairman, owned about 5.4% of Six Flags, and Mr. Gate's investment fund, Cascade Investments, owned 11%, the most recent securities filings indicate.

"We aren't where we want to be, but I think we are heading in the right direction," said Mr. Snyder in an interview in late June. Cascade declined to comment on its Six Flags investment.

Mr. Shapiro, who is 38 years old, says he wants to attract a family crowd with more modest roller coasters and kiddie rides. The new Dark Knight coaster at Six Flags Great Adventure in Jackson, N.J., tied to the latest Batman movie, cost about $7.5 million to build, compared with $20 million or so for giant coasters like the Goliath in Georgia. Its top speed is just 30 mph, less than half of Goliath's top speed. It's housed in a dark building, which makes it harder to notice how much smaller it is than its high-octane competitors.

"My strategy makes perfect sense," says Mr. Shapiro. "It's just whether we have enough money. So I need to make recognizable progress this year."

Six Flags was founded in Texas in 1961. Time Warner Inc. bought the company in 1991, then sold it in 1998 to Premier Parks, an Oklahoma-based park operator. Premier combined the two operations and took the company public later that year as Six Flags. The new company spent heavily on new rides, acquisitions and expansion into Canada, Mexico and Belgium. Its debt load ballooned.

Mr. Snyder, whose investment company was a large stockholder, began pushing in 2004 for Six Flags to bring in new management, sell off some parks, and begin going after families rather than thrill-seeking teenagers. "Stockholders would have been better off hiding their money under a mattress" than investing in the company under the existing management, Mr. Snyder wrote in a letter to Six Flag shareholders in October 2005, during the proxy battle. At the time, Six Flags shares were trading at about $7.25.

Raising the Price

After he took over as chairman, he recruited film producer Harvey Weinstein to fill a seat on the company's board, for his marketing prowess. Mr. Snyder had met Mr. Shapiro when ESPN was trying to lure the National Football League's Monday night games to the network. Impressed by Mr. Shapiro's marketing background, Mr. Snyder persuaded him to run Six Flags, and to bring a team of ESPN veterans with him.

In 2006, after cleaning up its parks and adding some new rides, management raised admission prices by $5 to $10, driving the ticket price to as high as $40 in some markets. But attendance dropped below 25 million in 2006, from 28.7 million in 2005. "Our lack of pricing power was really a big surprise to me," says Mr. Shapiro.

In 2006 and 2007, Six Flags sold 10 parks and a 100-acre lot in Houston for about $400 million, hundreds of millions less than anticipated, according to Mr. Speed, the company's CFO. Mr. Snyder had set a goal of trimming debt to less than $2 billion. But with the real-estate proceeds going to fund operations, the debt remained at $2.4 billion. Rivals such as Cedar Fair and Universal City Development Partners, whose theme parks include Universal Studios Florida, carry much smaller debt loads relative to their cash flow.

Mr. Shapiro hasn't wavered from his view that the old amusement-park formula -- build bigger and better roller coasters as often as possible -- isn't a money-maker. He says he's not overly interested in the typical teenage fans of such rides, who were once Six Flags' best customers. He is courting parents, young children and corporate groups, and is emphasizing rides tied to movies and cartoon characters, which can generate T-shirt and sweatshirt sales.

Six Flags used to spend $200 million or more a year on capital expenditures, mostly on new roller coasters and other rides. It has cut that figure to about $100 million a year, an amount Mr. Speed calls "sustainable."

The Possibilities

Mr. Shapiro also has been trying to boost revenue from licensing deals and movie tie-ins. One afternoon this summer at Six Flags Over Georgia, the 297-acre park outside Atlanta, employees were loudly hawking food and trying to persuade customers to buy photos. Employees have been encouraged "not to sell stuff, but to hawk it exuberantly," says one Six Flags executive based at the park.

Mr. Shapiro sees advertising and licensing possibilities all over the parks. Before climbing aboard the Dark Knight roller coaster, riders see a faux newscast that's partly a promotion for the movie. Elsewhere, flat-screen TVs bombard people standing in lines with advertisements for everything from Chrysler cars to Pampers diapers.

Sitting recently at a restaurant in the Atlanta park, he explained what he has in mind. "The umbrellas at the tables are Coke," he said. "That fits. No one complains about that. And we signed up Ben & Jerry's to sell ice cream. That fits. Disney does some of this, but they are too subtle."

Annual revenue from licensing deals is expected to jump to about $56 million this year, from $16 million in 2005.

Mr. Shapiro readily admits that this year is a critical one for Six Flags. Shortly before Memorial Day, in an effort to boost summer attendance, he cut ticket prices across the country by an average of about $10. Adults can now buy discounted one-day passes for about $29. He added a weekly concert series with performers intended to appeal to preteen girls, such as Vanessa Hudgens of Disney's "High School Musical" fame and English pop singer Natasha Bedingfield. He says studies show that young girls influence their parents' spending habits more than young boys do. Attendance this year, through June, is at year-ago levels.

The company's debt load, says Mr. Shapiro, gives it less room for error than he'd hoped. Accidents, while rare, can dent attendance. In June 2007, a Superman free-fall ride malfunctioned at a Kentucky park, severing the feet of a 16-year-old girl. Six Flags estimates that tragedy, which resulted in a lawsuit, cost it 500,000 visitors last year. In June, a 17-year-old boy was killed at the Georgia park after he jumped a fence and was hit by a Batman roller coaster.

To conserve cash, Six Flags has gotten rid of one of its three advertising agencies, reduced radio advertising, and cut about 300 full-time jobs at the end of 2007. Its goal is to shave operating expenses by $50 million in 2008.

'Interest-Free Loan'

Some of Six Flag's bonds have been changing hands at about 50 cents on the dollar, reflecting investors' doubts that the company will make good on its financial obligations. In June, the company gained breathing room when it struck a deal with nervous bondholders that lowers the company's total bond debt and gives it more time to pay the bondholders back, albeit at higher interest rates.

Next August, Six Flags is obligated to pay $288 million to preferred stockholders. On Thursday, for the second straight quarter, it suspended dividend payments to these shareholders. That will save the company $5 million, for now, but the amount will be tacked on to next summer's bill.

"We see it as an interest-free loan, and given this credit environment, you've got to take advantage of that," says Mr. Speed. He says the company hopes to renegotiate with its preferred shareholders, which include a Fidelity Investments fund and Silver Point Capital, a hedge fund. A strong summer, he adds, would give him more leverage in such talks.

Mr. Shapiro's goal for the year is simply to break even on a "free cash flow" basis -- that is, to bring in more than it spends on operations, capital expenditures and debt service. Six Flags hasn't managed that feat for any full year since going public, says Mr. Speed. "There are too many yellow flags, like weather or the broader economy, to guarantee it," Mr. Shapiro told investors on Monday. "But if current trends continue, then we can get there."

Walking around Six Flags Over Georgia in suit and tie, Mr. Shapiro engages in some wishful thinking: High gas prices can help his business. Cash-strapped families will still take vacations, he theorizes, but instead of flying to California or overseas, they'll take weekend trips closer to home.

"It's a working premise," he says. "But no one knows for sure. We've never had $4-a-gallon gas. It's obviously not the economic environment I would have chosen."

Brad Elster, a 40-year-old software consultant, brought his wife and two daughters to the Georgia park, lured by the discounted tickets. He says he spent $100 refueling his Mercedes sport-utility vehicle on the way to the park.

"The cost of filling up would never have crossed my mind in the past," he says. "But we decided this time not to buy any souvenirs or any of the pictures they try to sell."

Mr. Snyder said in June he was supportive of Mr. Shapiro's approach. "A lot of times it takes longer than you like, longer than you want," he said.

"A lot of companies that are consumer cyclical are down now," he said. "No one anticipated gas would be where it is, or this real-estate market. But we think if Mark gets the cash flow to positive, the market will reward him and us."

By: Jeffrey McCracken
Wall Street Journal; August 5, 2008

Lennar Megaproject Survives

Lennar Corp.'s multiyear, billion-dollar effort to develop decrepit former military properties on San Francisco's waterfront has tapped a new financing source, underscoring the home builder's success in doing deals to survive the wretched housing market.

Lennar says it has formed a new venture with Ross Perot Jr.'s Hillwood Development Co., and the investment firm Scala Real Estate Partners LP. The venture is taking equity stakes in massive projects at former military properties across San Francisco, including a project at Hunter's Point, which would bring development to one of the city's poorest neighborhoods.

The new venture replaces the 50% stake held by LNR Property Corp., a unit of Cerberus Capital Management, in the Hunter's Point project. It also is taking half of Lennar's 50% stake in another ambitious development project on Treasure Island, home to a former naval barracks and sweeping city views.

The venture is taking half of Lennar's 100% stake in Candlestick Point, the possible new home for the San Francisco 49ers, according to Lennar. The builder will continue to manage the projects. The developments are slated to create thousands of units of housing. The venture also took a stake in land on the New Jersey waterfront across from Manhattan.

As part of the deal, sealed during the weekend, the Lennar-Hillwood-Scala venture paid $145 million in cash to LNR, Lennar and the partner in the New Jersey project. Hillwood and Scala have committed to providing long-term financing to the projects, which could take 10 or more years to complete.

The capstone of Lennar's megaprojects in San Francisco are Hunter's Point and Candlestick Point, which were acquired from the city for a nominal fee. Lennar and its partners have agreed to spend more than $1 billion building thousands of affordable rental and for-sale housing, along with parks and a site for a new stadium for the National Football League's 49ers. The first large phase of the project is to begin in 2010.

"We now have strategic partners committed to 50% of the cost going forward," says Emile Haddad, Lennar's chief investment officer, who negotiated the deal for the builder. "They are committing hundreds of millions of dollars."

The San Francisco venture reflects the strength of the city's housing market, where values have held up amid the national downturn -- and Lennar's ability to close land deals in such an atmosphere.

In March 2007, the builder and LNR turned heads when they reduced their stakes in a venture called LandSource. An investment vehicle for the California Public Employees' Retirement System paid about $920 million for a 68% stake in LandSource, while Lennar and LNR each received $660 million in cash from the deal. LandSource filed for bankruptcy-court protection in June.

In December 2007, Lennar sold 11,000 house lots to a venture mostly owned by Morgan Stanley's real-estate arm for $525 million, which was about 60% less than what Lennar carried the land on its books. Since then, land values in some of the markets where the lots are located have continued to erode.

Hillwood has experience developing big projects such as the Fort Worth Alliance Airport and the American Airlines Center basketball arena in Dallas. Irvine Calif.-based Scala has been focusing on buying land during the real-estate downturn.

By: Michael Corkery
Wall Street Journal; September 2, 2008

Digital-TV Switch Is Tested

Some Customers In North Carolina Run Into Difficulties

Wilmington, N.C., became the first area in the U.S. to switch to digital-only television broadcasts -- at noon Monday, and it didn't take long before phones were ringing at local stations.

Broadcasters reported dozens of calls from local residents in the city and surrounding counties who either weren't prepared when traditional analog signals shut down, or couldn't get to work properly the set-top boxes designed to allow older TVs to receive digital signals.

Federal officials and broadcasters are closely watching how well Wilmington transitions to digital-only television broadcasts. Local TV stations and officials there volunteered to switch early as a test for the rest of the country, which is scheduled to switch on Feb. 17, 2009.

"The measure of success here in Wilmington is not what happens today or tomorrow here, but it's what we learn from it," Federal Communications Commission Chairman Kevin Martin said in an interview. "If no one called today, that wouldn't necessarily mean it's a success."

By midafternoon, some 74 phone calls had come into the offices of sister stations WSFX-TV, a Fox affiliate, and WECT-TV, an NBC affiliate. Most were from people who needed help hooking up or programming their new set-top converter boxes.

"We knew going into this that this would happen. I'm sure we'll receive calls for the next few days," said Thom Postema, vice president and general manager of WSFX.

Fox is an affiliate of News Corp., which owns Dow Jones & Co., publisher of The Wall Street Journal.

At noon, local broadcasters and federal officials gathered around a fake, seven-foot-tall cardboard switch, which the mayor and Mr. Martin flipped to mark the end of analog TV signals in the area.

"We're first in flight, first in digital, and we're daggone proud of it," said mayor Bill Saffo at an event in downtown Wilmington earlier on Monday.

Andy Combs, general manager of WWAY-TV, the ABC affiliate, said his station began receiving calls at 8 a.m. but the bulk of its three dozen calls came in after noon, when the analog signals shut off. Despite that, Mr. Combs said, "I have to say, I think it's been a big success and I don't think that's going to change."

A toll-free number set up by the FCC for Wilmington residents had received about a hundred calls in the first few hours after local broadcasters shut off their analog signals. Some residents reported problems getting their new set-top converter boxes to work. Volunteers at the local fire department were enlisted to help residents hook up the devices.

Wilmington and its surrounding counties have about 14,000 households that rely solely on over-the-air broadcasting. That represents about 8% of local households, according to Nielsen Media Research. Nationally, some 13 million households rely on TV sets that receive free over-the-air broadcasts, Nielsen estimates.

The National Association of Broadcasters has been conducting awareness surveys among Wilmington residents for months. Last week, broadcasters reported that 97% of households in Wilmington knew about the transition.

Local broadcasters blanketed the airwaves with announcements about the impending transition and information about free government coupons designed to help pay for set-top boxes.

By: Amy Schatz and Fawn Johnson
Wall Street Journal; September 9, 2008

Wednesday, September 3, 2008

Connecticut Files Suit Against Countrywide

Connecticut Attorney General Richard Blumenthal has sued Bank of America Corp.'s Countrywide Financial Corp. for allegedly deceptive lending practices.

Echoing the many other legal complaints against the mortgage lender, the Connecticut lawsuit alleges Countrywide engaged in several types of inappropriate lending behavior and made loans to consumers that were unaffordable or unsuitable for the borrower. The complaint, filed in state court in Hartford, alleges violations of Connecticut's unfair trade practices and banking laws.

"Countrywide conned customers into loans that were clearly unaffordable and unsustainable, turning the American Dream of homeownership into a nightmare," Mr. Blumenthal said.

The lawsuit seeks civil penalties of as much as $100,000 per violation of state banking laws and as much as $5,000 per violation of state consumer-protection laws; as well as disgorgement of any ill-gotten gains and an order compelling the company to cease the disputed practices.

Countrywide -- which became a symbol of the loose lending standards that set the stage for the nation's current mortgage crisis and housing-market implosion -- was taken over by Bank of America in a $2.5 billion deal that closed last month.

"While we cannot comment on pending litigation, we will respond to the AG in due course," a Bank of America spokeswoman said. The spokeswoman noted that since taking over Countrywide in July, Bank of America has been reviewing Countrywide's operations and is "confident that our newly combined company will be recognized as a leader in responsible lending practices."

The spokeswoman also said Bank of America has made several commitments to responsible lending practices, including modifying or working out at least $40 billion in troubled mortgage loans in the next two years to keep customers in their homes; pursuing a 10-year goal to lend and invest $1.5 trillion for community development beginning next year; and no longer originating subprime mortgages -- a practice it stopped in 2001.

By: Chad Bray
Wall Street Journal; August 7, 2008