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2013/12/04

| 12.04.13 | Windstream's Gardner whets his M&A appetite

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December 4, 2013

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This week's sponsors:
Amdocs
Ciena
Qualcomm



Today's Top Stories:
1. Windstream's Gardner: We're ready to start looking at acquisitions again
2. Republican congressmen propose update to 1996 Telecommunications Act
3. tw telecom joins CLEC battle against AT&T's special access proposal
4. NTT's Dimension Data acquires NextiraOne, bolsters European presence
5. BT held liable for infringing on ASSIA's DSL patents

Spotlight:
Huawei hangs up on the U.S. network equipment market

Also Noted:
TeliaSonera fires 3 execs after ethics review; New Mexico governor seeks $600K telemedicine grant Much more...

News From The Fierce Network:
1. Time Warner Cable targets 'cord nevers' with $30 basic HBO bundle
2. Funding, promotional challenges could doom broadcast-only DVR market
3. The Big Switch: Extreme Networks to throw around new muscle after Enterasys merger
4. More headlines...

Special Report:
They're cooked: The top wireline turkeys of 2013

Thanksgiving is a time to relax, eat generous portions of turkey, and yes, watch the Dallas Cowboys and Detroit Lions take the field once again. It's also a great time to reflect on the past year. In the latest edition of our Top Wireline Telecom Turkeys, we serve up a healthy portion of companies' failed initiatives, products, strategies, and executive mishaps of 2013. Read more


Get in on the discussion. Follow FierceTelecom on Twitter!


This week's sponsor is Amdocs.

Webinar: Is your strategy for small and medium-sized businesses bringing rewards?
Wednesday, December 4th, 11am ET / 8am PT / 4pm GMT

Gain insights into where service providers are currently experiencing problems in the sales cycle, with a benchmark for the SMB market by sector, as well as ideas on how to increase efficiency. Register Today!


Webinars

> Is your strategy for small and medium-sized businesses bringing rewards? - Wednesday, December 4th, 11am ET / 8am PT / 4pm GMT
> LTE Advanced in unlicensed spectrum? - Tuesday, December 10th, 1pm ET /10am PT
> Unraveling the LTE Roaming Puzzle- Wednesday, December 11th, 2pm ET/ 11am PT

Marketplace

> Whitepaper: OTA Updating Simplified - Using SaaS to Update Android Devices
> eBook: Partnering For DPI Deployment
> eBook: Making Money from LTE
> eBook: eBook | Driving The Business Case For The Connected Car

Jobs

> Need a job? Need to hire? Visit FierceWirelessJobs

This week's sponsor is Ciena.

eBook | Converging the Optical Core to IP

This eBook discusses the latest developments and approaches to converging the optical core to IP. In addition it will look at how service providers can use the converged optical core to handle their own internal core network needs, and deliver higher speed optical services to their enterprise and wholesale customers. Download it today.

Today's Top Stories

1. Windstream's Gardner: We're ready to start looking at acquisitions again

By Sean Buckley Comment | Forward | Twitter | Facebook | LinkedIn

Windstream (Nasdaq: WIN) may still have work to do to integrate Paetec's assets into its fold, but CEO Jeff Gardner says that they are ready to begin searching for assets that would complement its growing enterprise service business.

Jeff Gardner, Windstream

Gardner

"We're really at a time where we can start looking out at acquisitions again to accelerate this transformation focused on the enterprise space obviously," Gardner said during the Bank of America Merrill Lynch 2013 Leveraged Finance conference. "Our last four acquisitions were focused on the enterprise space."

Stopping short of naming any specific companies, potential acquisition targets could include more data center assets, particularly in the Western region of the United States.

"We have done a nice job growing our data center business organically, but we don't have many on the West Coast," Gardner said. "That strategy has been impeded a bit by the fact that the valuations on fiber companies and data center companies have been relatively high."

Gardner added that they have shifted their focus to grow those segments organically and "we have the opportunity to be more opportunistic."

In regards to the Paetec integration process, the last step that's left is to convert its billing systems and back office, which will take place next year.

Gardner said that this conversion will provide it with a differentiator over its competitors in the mid-market business space it serves. 

"The main thing we have in front of us is related to our billing system and our back office," he said. "I think at the end of the day that's going to be a huge opportunity for us because very few large telcos have a single provisioning system from which to roll out services to their customers so what has been a challenge for us has the opportunity in 2014 to be a competitive advantage."

Gardner added these conversions will "greatly simplify" the process for its sales reps because they will be able provision services across one network.

For more:
- hear the webcast (reg. req.)

Special report: Sizing up the 25 most powerful people in the U.S. telecom industry

Related articles:
Windstream asks FCC to investigate AT&T's special access increase proposals
Windstream business services results up 1 percent, revenues decline to $1.5B
Windstream lights up data center in Nashville, brings total to 27 nationwide
Windstream establishes 9 Ethernet interconnection locations for wholesale customers
Windstream's Gardner: Broadband is our second fastest growing revenue stream

Read more about: Acquisition
back to top


2. Republican congressmen propose update to 1996 Telecommunications Act

By Sean Buckley Comment | Forward | Twitter | Facebook | LinkedIn

Two House Republicans have proposed plans to update the 1996 Telecommunications Act by 2015 in an effort to reflect new technologies and innovations that have emerged since it was passed 18 years ago.

Congressmen Upton and Walden hosted a Google Hangout Tuesday to discuss updating the 1996 Act. View the video here. (Source: YouTube / Google)

House Energy & Commerce Committee Chairman Fred Upton (R-Mich.) and Communications Subcommittee Chairman Greg Walden (R-Ore.) outlined their ideas during a Google Hangout event on Tuesday.

The two lawmakers said that the process of updating the act would include a series of hearings, white papers addressing how to improve existing communications laws, and getting the public's input via the Twitter hashtag #CommActUpdate.

Upton and Walden were joined by former FCC Commissioner Robert McDowell, who said the process will take a number of years to complete.

A number of major telcos, including CenturyLink (NYSE: CTL), applauded the effort.

"How people communicate has changed dramatically over the two decades since the laws were last amended, as has the competitive marketplace," said Steve Davis, executive vice president for Public Policy and Government Relations for CenturyLink. "By taking action to modernize current law and eliminate unnecessary regulation, this reform will help foster innovation and investment across every telecommunications sector, encouraging the development of new, faster services at lower costs for consumers."

Absent from the hangout were any Democratic representatives. Rep. John Dingell (D- Mich.) said that while he supports reforming the Act, it needs to be done carefully.

"As the author of every major telecommunications statute for the past three decades, I caution my Republican colleagues to approach modernizing the Communications Act with great care and attention to detail," he said in a statement. "Changes should not be made simply for change's sake, but rather based on clear and documented need. I urge my colleagues to proceed in a bipartisan manner and to hold numerous hearings in order to generate the record an undertaking this substantial will require."

There are a number of key issues the reforms will have to address, including the ongoing migration from TDM to IP and special access, which have become hot-button issues of debate between competitive service providers and incumbent telcos such as AT&T (NYSE: T).  

For more:
- see the release
- here's the hangout link 
- The Verge has this article

Special report: They're cooked: The top wireline turkeys of 2013

Related articles:
FCC's Wheeler to encourage competition, but mum on auction rules
Tom Wheeler, Chairman, FCC - Most Powerful Person in Wireless and Wireline
Sprint, other competitive carriers rail against AT&T's special access rate increase
Windstream asks FCC to investigate AT&T's special access increase proposals

Read more about: FCC, Google
back to top


3. tw telecom joins CLEC battle against AT&T's special access proposal

By Sean Buckley Comment | Forward | Twitter | Facebook | LinkedIn

tw telecom (Nasdaq: TWTC), one of the largest competitive service providers, followed the route of other CLECs and asked the FCC to deny AT&T's (NYSE: T) proposal to eliminate certain long-term contracts that offer pricing discounts on TDM-based special access circuits it uses to connect business customers to its network. 

As one of the largest competitive service providers, tw telecom has built out a sizeable network that includes 30,000 route miles of fiber. But that network doesn't reach all of its customers.

Like other CLECs such as Windstream (Nasdaq: WIN), tw telecom still has to lease DS1 and DS3 circuits from third party providers like AT&T to accommodate its customers' needs. In many cases, AT&T is the only ILEC they can rent these last mile facilities from. Eliminating long-term contracts will eliminate the contract associated with tw telecom as well.

Mike Rouleau, senior vice president of Business Development and Public Policy for tw telecom, said that if AT&T gets it way they will be forced to raise the prices of the services it provides.

"If these proposed tariff revisions were to take effect, we would have no choice but to seek increases to the retail prices we charge our customers in AT&T's incumbent LEC footprint," he said in a release.

According to industry estimates, AT&T and fellow ILEC Verizon (NYSE: VZ) jointly own about 80 percent of the special access market today.

AT&T argues that it is eliminating long-term contracts on TDM-based circuits because it is going to shut down its TDM network by the year 2020.

tw telecom has asked the FCC to "prohibit AT&T from implementing its proposed price increases by eliminating long-term contracts and pricing plans until the FCC has resolved its ongoing proceedings examining AT&T's market power over special access services--including Ethernet services--and the appropriate transition to IP-based networks."

Although the FCC has been investigating special access reform for over a year, the regulator has yet to issue a decision on AT&T's proposal.

For more:
- see the release

Related articles:
Sprint, other competitive carriers rail against AT&T's special access rate increase
Windstream asks FCC to investigate AT&T's special access increase proposals
FCC takes next step with special access reform
FCC launches special access data collection initiative

Read more about: FCC, AT&T
back to top


4. NTT's Dimension Data acquires NextiraOne, bolsters European presence

By Sean Buckley Comment | Forward | Twitter | Facebook | LinkedIn

Dimension Data, an NTT subsidiary that provides ICT services and solutions, is enhancing its reach into Europe by striking a deal to acquire NextiraOne in a two-part transaction. Financial terms of the acquisition were not revealed.

Under the terms of the agreement, Dimension Data will initially acquire NextiraOne's operations in 13 countries: Austria, Belgium, the Czech Republic, Germany, Hungary, Ireland, Luxembourg, the Netherlands, Poland, Portugal, Slovakia, Spain, and the United Kingdom. In the second tranche, the company will acquire NextiraOne's businesses in France and Italy.

After gaining approvals from the EU Competition Commission under the EUMR (EU Merger Regulation), Dimension Data expects that the acquisition will be completed early next year.

The deal gives both Dimension Data and its parent NTT a broader set of solutions including IT security and unified communications services. It will also gain a key service in NextiraOne's data center business, which grew 21 percent year-over-year during the first six months of 2013.

Dimension Data will also be able to leverage NextiraOne's base of vendor partners including Alcatel-Lucent (NYSE: ALU), Cisco (Nasdaq: CSCO), Genesys and Microsoft (Nasdaq: MSFT).

For more:
- see the release

Related articles:
NTT Europe develops gateway to the African market via Dimension Data
NTT doubles down on cloud services bet with Virtela, RagingWire acquisitions
NTT buys 85% stake in UK data center provider Gyron

Read more about: Acquisition, Unified Communications
back to top


5. BT held liable for infringing on ASSIA's DSL patents

By Sean Buckley Comment | Forward | Twitter | Facebook | LinkedIn

London's High Court of Justice has ruled that BT (NYSE: BT) infringed on one of two DSL management technology patents held by ASSIA, a provider of software solutions that enable telcos to increase the rate and reach of broadband services they deliver over their existing copper networks.

BT, according to the court's ruling, has been using ASSIA's DSL management technology in its Next Generation Access (NGA) network, which provides VDSL-based service speeds of up to 40 Mbps in a fiber to the cabinet (FTTC) configuration.

Broadband continues to be a big factor in BT's revenue portfolio. During the telco's second quarter, it added a total of 156,000 retail broadband customers, a figure that included both DSL and fiber-based broadband. It ended the quarter with a total of 7 million broadband customers.

According to ASSIA, BT infringed on two patents--EP (UK) 1,869,790 and EP (UK) 2,259,495--which describe inventions that are focused on dynamic monitoring and automatic optimization of DSL networks. Both of these technologies are incorporated into the vendor's DSL Expresse software platform that is currently used by a number of Tier 1 telcos such as China Unicom. 

"When it became clear that BT was using ASSIA's technology without a license and was not willing to license ASSIA's technology or products, it became necessary to bring this patent infringement claim," said Marc Goldburg, ASSIA's CTO, in a release.

Now the court will set a date for the damages phase of the case. BT has not indicated whether they will appeal the ruling.

"Although BT is disappointed with that finding and considers it has a good case on appeal, BT can make minor changes to its programming to avoid the issue entirely," said the carrier in a statement. "Accordingly, the decision will have no material effect on the operation of BT's networks."

This is the second patent suit BT has faced this year. Besides ASSIA, BT was sued by Google (Nasdaq: GOOG) in February for infringing on four of the Internet search giant's patents related to QoS and VoIP calling.

Patent disputes between service providers and technology patent holders are a common occurrence in the telecom industry. Three of the largest U.S.-based telcos, AT&T (NYSE: T), CenturyLink (NYSE: CTL) and Windstream (Nasdaq: WIN), are being sued by Intellectual Ventures, a patent holding company, over violating various DSL patents.

For more:
- see the release

Related articles:
Google sues BT over patents for QoS and VoIP calling
AT&T, CenturyLink, Windstream face DSL patent suits
BT Openreach CEO Garfield to leave company

Read more about: DSL, BT
back to top


Also Noted

This week's sponsor is Qualcomm.

Webinar: LTE Advanced in unlicensed spectrum?
Tuesday, December 10th, 1pm ET /10am PT

As the operators prepare for the looming 1000x data challenge, small cells and utilizing all spectrum resources are in the front and center. But, does it work? What is needed? Tune into this webinar to get the answers Register Today!


TODAY'S SPOTLIGHT... Huawei hangs up on the U.S. network equipment market

Huawei, according to various media reports, is going to exit the U.S. network equipment market. Their decision follows disputes between China and the U.S., which says that the vendor poses a security threat to the United States. Huawei founder and CEO Ren Zhengfei said in an interview with French journalists on Nov. 25 that it is "a private enterprise without any high-level political position," and that there are much bigger issues at play in U.S.-Chinese relations than the status of the company itself. Read more

Wireline news from across the web:

@FierceTelecom RT @metaswitch: Many carriers won't buy into a transformation project unless they can see a payback in the first 2 or 3 years. Article | Follow @FierceTelecom

> AT&T's Chairman and CEO Randall Stephenson will deliver the keynote speech at the UBS Global Media and Communications Conference in New York City on Tuesday, Dec. 10 at 8:00 a.m. ET. Release

> TeliaSonera dismissed its chief financial officer and three other employees following an ethics review into the Swedish telco's deals in central Asia. Article

> New Mexico Gov. Susana Martinez said she will ask the state legislature to approve $600,000 in grant funding to expand the use of telemedicine services in rural areas. Article

Cable News

> Madison Square Garden Co., which is controlled by Cablevision CEO Jim Dolan, signed a deal which will see rock legend Billy Joel perform monthly at its Manhattan arena indefinitely. Article

> DirecTV said that it lost the feeds for ABC and Fox affiliates that cover the Springfield, Mass., market after its retransmission-consent contract with Gormally Broadcasting expired on Sunday. Article

Wireless News

> FCC Chairman Tom Wheeler indicated in his first major policy address as chairman that one of the agency's key goals is ensuring that all carriers have enough spectrum to compete and operate their networks. Article

> H2O Wireless, an MVNO that is managed by Fort Lee, N.J.-based Locus Telecommunications and runs on AT&T Mobility's network, has revived an unlimited data offer that it discontinued in 2011. Article

And finally … The UK leads the European Union's 'big five' for superfast broadband according to Analysys Mason. Report (.pdf)

News From The Fierce Network:

> Netflix to stagger "Turbo" episodes Post
> Energy Future Holdings fined by TX PUC Post

Webinars

> Is your strategy for small and medium-sized businesses bringing rewards? - Wednesday, December 4th, 11am ET / 8am PT / 4pm GMT

Gain insights into where service providers are currently experiencing problems in the sales cycle, with a benchmark for the SMB market by sector, as well as ideas on how to increase efficiency. Register Today!

> LTE Advanced in unlicensed spectrum? - Tuesday, December 10th, 1pm ET /10am PT

As the operators prepare for the looming 1000x data challenge, small cells and utilizing all spectrum resources are in the front and center. But, does it work? What is needed? Tune into this webinar to get the answers Register Today!

> Unraveling the LTE Roaming Puzzle- Wednesday, December 11th, 2pm ET/ 11am PT

This webinar will delve into the challenges of LTE roaming as well as explore potential solutions. Register Today!

Marketplace

> Whitepaper: OTA Updating Simplified - Using SaaS to Update Android Devices

As Android becomes more and more popular and the preferred OS choice for many other non-mobile devices, like smart watches, ruggedized devices, cameras, TVs and others, having an over-the-air (OTA) update capability has become essential to every new Android manufacturer. Download this white paper today to learn more.

> eBook: Partnering For DPI Deployment

DPI in the marketplace is expected to boom in the near term. To achieve successful deployment, DPI must be tightly integrated with the specific capabilities carriers want to offer. Download to learn more!

> eBook: Making Money from LTE

Currently there's a huge discrepancy among LTE pricing scenarios in the U.S. Some operatators are charging premium and others are offering free data. Find out how pricing strategies are currently being implemented and what is expected to come as operators gain the access to all of the necessary tools needed for more creative billing. Download this eBook today.

> eBook: eBook | Driving The Business Case For The Connected Car

Outfitting automobiles with wireless connectivity has become a No.1 priority for car makers. Learn the latest on the connected car space and what it means for wireless operators, car makers and consumers. Download this eBook today.

Jobs

> Need a job? Need to hire? Visit FierceWirelessJobs

Announcing FierceWirelessJobs, the new FierceMarkets careers site. Find the perfect job or post your openings at http://www.fiercewireless.com/jobs.


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