Our lives begin to end the day we become silent about things that matter.” - Martin Luther King, Jr.

Wednesday, May 28, 2008

Cable: "Cash cow" turned catastrophe?

Imagine driving by a house and immediately falling in love with it. The listing realtor won’t let you walk through it. But you’re already so enamored with the house – and it looks so sturdy and well groomed from the outside – that you don’t see the need to look into it further. So you buy it, on curb appeal.

Then, you walk inside. You look around and quickly realize that while the potential is there, tapping into that potential will take a significant amount of time, energy and money.

That’s similar to what happened when the towns of Mooresville and Davidson purchased the bankrupt Adelphia cable system.

Despite staunch objection from the public, the Town of Mooresville bonded $80 million to purchase the cable system. The Town of Davidson “co-signed” on the loan and guaranteed repayment of its portion of the cost through subscriber fees. The $80 million was supposed to pay for 10,500 subscribers and system upgrades, with extra cash flow for the first couple years. But when it came time to close on the system, the towns discovered they would actually have to pay for more than 15,000 subscribers, which ate into some of the funds earmarked for upgrades.

Now, the Town of Mooresville is between a rock and a hard place. In order to deliver the upgrades that were originally promised – which would bring the system to a level where it can compete with its market competitors and lay fiber to all businesses and new residential developments – MI-Connection is going to need about $12.5 million more. And it is expected to ask Mooresville commissioners to approve that additional funding on June 2. But first, MI-Connection representatives plan to meet with elected officials from the towns of Mooresville and Davidson tomorrow to answer questions. The meeting is scheduled for 6 p.m. in the MI-Connection office on Broad Street.

If the towns approve the additional $12.5 million, it would put MI-Connection “in the game,” making it more competitive in the video-entertainment world and helping it pave a “highway” for fiber optic to commercial and new residential developments. In other words, the additional funding would nudge MI-Connection to a point that it should be able to provide services currently offered by market competitors.

If the towns do not approve the additional $12.5 million, and the promised upgrades are not completed, the taxpayers of Mooresville and Davidson – financers of what appears to be a defunct cable television system – could be left holding the bag.

One question that has arisen is why the towns’ “due diligence,” did not uncover the 4,500 additional subscribers. Also, why didn’t it become clear through that “due diligence” – instead of after the purchase – that the system was in far worse shape than anyone realized?

Many fingers have been pointed at Time Warner, and the bankruptcy courts would not allow the towns to thoroughly inspect the cable system before purchasing it. Instead, the towns relied on the opinions of consultants who offered a “best guess” of what the system was worth. After the purchase, those consultants said the system was in worse shape than they had guessed. What’s bothersome about such an argument is that good business sense dictates that a person doesn’t buy something – especially $80 million worth of something – site unseen.

Town Finance Director Maia Setzer said she transferred more than $5 million from the $80 million in bond funds to “reimburse” Mecklenburg County and the towns of Mooresville and Davidson for their “due diligence work,” including $1.5 million for Mooresville’s earnest money deposit and $1.5 million for the “transition expenses” incurred by Bristol Virginia Utilities (operators of the cable system) and paid initially by Mooresville. The remaining $2 million, Setzer said, was for “several different vendors’ expenses, including the third-party reviews of our consultant’s numbers as required by the Local Government Commission, legal fees and the bankruptcy trustee in addition to the fees resulting from the issuance of debt.”

So, what did the $5 million in “due diligence” buy us? Basically, a video entertainment company with potential … but without enough funds, or long-term vision, to make that potential a reality.

The town attempted to sell the cable’s purchase plan to the public by touting the economic development made possible through fiber optic that MI-Connection would extend to commercial and new residential developments. But without the $12.5 million, fiber optic will likely not be extended to businesses or new homes, and fiber optic to older homes was apparently not part of the original plan.

If the additional funding isn’t granted, what’s MI-Connection’s “Plan B”? Well, at least as of a couple weeks ago, there isn’t one.

Some have suggested that we could simply sell the cable system. But, going back to the house analogy, once you’ve stepped foot through the front door, you can’t “un-discover” what you’ve discovered. Now that we own a dilapidated cable system – and the veil of “bankruptcy-court secrecy” has been lifted – the entire community is aware of the cable system’s shape, and arguably no one in their right mind would buy it in its current condition for the same price we paid for it.

Taking it a step further, it’s been suggested that the towns could “flip” the system, basically fixing it up to the point that it could sell and potentially bring in a profit. But flipping requires an investment. The towns would still have to sink additional money into the system in order to bring it up to market value … just to make our money back.

But there is some good news, according to a recent MI-Connection press release and the company’s April 2008 financial and statistical reporting package. MI-Connection is making money and recently added 37 new channels, free of charge, to its subscribers, although not all subscribers received all 37 channels. Also, customers who call for service are waiting on the phone for shorter periods of time, and many subscribers are reporting faster Internet connection speeds.

MI-Connection ended the month of April with 16,399 subscribers, representing a net gain of 573 subscribers since December … but a net loss of 203 subscribers since March 31. Also at the end of April, MI-Connection had 136 pending installations … and 127 pending disconnections.

How Mooresville commissioners will vote regarding the additional $12.5 million is anyone’s guess.

When the board voted on the original $80 million acquisition of the cable system, three voted for it – Frank Rader, Mac Herring and Chris Carney – while three voted against it – Mitch Abraham, Thurman Houston and Danny Beaver. Mayor Bill Thunberg broke the tie by voting for the $80 million “investment.”

Miles Atkins won Beaver’s seat in November 2007 and was sworn into office a month later, after the original cable vote. But the only time that the cable deal has been brought up publicly since he took office, Atkins voted against it.

Rader and Herring will very likely vote to provide the additional $12.5 million. Houston and Atkins will likely vote against it. Carney and Abraham are the “wild cards.”

Some members of the town board have adopted a behind-the-scenes directive to “protect the mayor” from having to break a tie. It stands to reason, then, that they may be particularly wary about putting the mayor in the position to break another tie regarding cable.

If Abraham is consistent with his “no” vote and Carney is consistent with his “yes” vote, the mayor will have to break a tie again.

But Carney says he is not in favor of providing the additional $12.5 million until certain conditions are met. First, elected officials must not be on the MI-Connection Board of Directors. Second, the company must implement a marketing plan that reaches out to the area’s commercial developments. And third, MI-Connection must hire a business manager to serve as a liaison between the company, its operators (Bristol Virginia Utilities) and owners (the towns).

If Carney and Abraham join Atkins and Houston in voting against the additional $12.5 million, the measure would die. But if Carney votes against the additional funding, the squeeze is on Abraham, who voted against the original $80 million acquisition of the cable system just before he was up for re-election last November, but who could feasibly be a “closet supporter” of the cable deal … or would vote either way just to keep the mayor from having to break a tie.

We can afford to speculate. When it comes time to vote on June 2, town commissioners can’t.

At the end of the day, if the towns weren’t allowed – as part of their “due diligence” efforts – to fully investigate and inspect the cable system, then they should have simply walked away. They should not have gambled with $80 million – and now potentially $92.5 million or more – of taxpayer money based on a hunch or the “best guess” of “consultants.”

But we can’t go back and change what’s been done. We can’t “un-discover” what’s been discovered.

So far, MI-Connection promised a lot and has delivered a little. The company clearly lacks a public relations/marketing plan, and the advertising/marketing it has undertaken has been, frankly, aesthetically lacking. MI-Connection also does not have long-term market intelligence or the ability to make sound market projections beyond 2011 because the “models” used by the company assume too many variables, including growth projections and companies that could feasibly, and without regulation, overbuild.

Mooresville’s board of commissioners must decide if it truly wants to be in the cable television business – and, if any questions exist, it must decide how we can cut our losses. As AT&T is rumored to be laying fiber optic/cable in the Town of Davidson, the town board must ask itself: Is it enough that MI-Connection is keeping its head above water? With today’s technology being out-of-date tomorrow, and with the unregulated ability for other Internet service providers to overbuild and offer more for less, does MI-Connection have what it takes to stay in the game? And if so, for how long? How deep do the Town of Mooresville’s pockets need to be to play in that kind of game? And at the end of the day, is it truly worth it, or are we out of our depths?

23 comments:

Anonymous said...

***NEWS FLASH***
Bill Thunberg and the Mooresville Town Commissioners were just sighted riding down I-77 throwing $100.00 Bills out of the window of a van--CORRECTION--that is just M-I Connection you're witnessing.

Anonymous said...

Let me get this straight. This is the old "either you give me more money or something really really terrible will happen" tactic that's one of government's oldest tricks in the book to get deeper and deeper into our pocketbooks. Thanks but no thanks. I think I'll just take my chances and keep the $10.5 if it's all the same with our deeply wise officials.

Anonymous said...

Friends Don't Let Friends Fund Frank's Folly for Future Failure...

Anonymous said...

No matter how the cable deal turns out, government should never get involved in a public business that involves taxpayer money. AT&T, Time Warner, etc. have the money to do the job and if they get in trouble they raise rates or go under. This is one of many problems with our town representatives. They are now proposing a another $.03 property tax increase and a $.10 water increase, not to mention the new fee(actually a tax) on businesses. Who really will pay the new fee? Taxpayers of course.

Anonymous said...

What is the difference between this situation and extortion or blackmail? This is a clearcut attempt to extort another $12.5 million from us, using fear as a primary tool. And everybody knows the biggest problem with extortion and blackmail is that they are never-ending. If you pay once, you better be prepared to pay for life.

Anonymous said...

Does Turner's Hardware sell Tar and Feathers?

Anonymous said...

It isn't worth it, and we ARE out of our depth. Sell it and take the hit. At least it will only hurt once.

Jim said...

Very well thought out article, as usual, Jaime.

For most of us, the most expensive thing we ever buy is our home. Now, granted most of us don't have $80 million homes, but can anyone imagine buying a house without getting a home inspection? If the seller told you that you COULDN'T get an inspection and neighbor after neighbor came to you and told you DON'T BUY IT...would you still buy it?

Sounds like the only person they listened to was the consultant, who stood to make a huge chunk of cash just to tell them what they wanted to hear.

I will be curious to see how the votes go this time.

Jim
Jim

David Goebelt said...

It sounds to me as if the vote has already been decided. Borrow millions to fix the system or allow it to deteriorate further in the hands of taxpayers.

To truly evaluate our position, the town needs to find out what the system is worth at this point. If we could sell the system for $60 million then we need to decide whether to cut our losses or keep dumping more money in. By the way, pouring more money into a bad investment doesn’t make it a good one.

Are we like Macbeth? "I am in blood Stepp'd in so far, that, should I wade no more, Returning were as tedious as go o'er." Are we in so deep that our only choice is to plow forward? Or worse, will the town leadership plow forward for the sake of ego, vanity, or to retain office? Judging by Mrs. Gatton’s article, it sounds like getting out isn’t even a consideration for them.

For those of you wondering, Macbeth ended in tragedy.

Anonymous said...

Do these "Highly Paid" consultants never have any liability??? Seems the town has cause to go back and get our money back for his/her fees !!!

Anonymous said...

Yeah Right--like the Town board would seek a remedy for this blunder and have an $80 million dollar egg on their face--the only thing we would get in court would be a refresher course on Caveat Emptor.

Anonymous said...

What about the four elected officials who got us into this in the first place? Is there any kind of civil lawsuit that can be filed against them for the liability they have burdened us and our children (and their children) with? Were any laws broken because this was not put to a vote by the public to begin with? And can they continue to push us further into this hole without being held responsible for it? Surely there has got to be some kind of legal remedy for this situation. Perhaps a court injunction to halt the entire runaway process?

Anonymous said...

Maybe Cliff can enlghten us on those questions, but the injunction probably should have been sought before they voted and exercised the option. I think there is substantial immunity for elected officials, but please Mr. Homesley, look at this and tell us what this looks like legally. On behalf of the "Reporter's," please?

David Goebelt said...

I like your blog Jaime. Very interesting.

Anonymous said...

Have you heard the phrase "You bought a pig in a poke"? That just means that you did not know what you were buying, but you bought it anyway. Well,it seems that is what our town council has done and now they are backed into corner with very few choices as what do with this "pig."

Anonymous said...

Can citizens not file some kind of protest against this type of atrocious spending? There has got to be some way to stop four people from unilaterally running a town into the ground. I mean if we wait until we can vote them out, all the damage will already have been done. Any ideas out there??? This is America after all. I thought it was "for the people, by the people".

Jim said...

6:16,

I will tell you that there were meetings last year that were well attended with a largely anti-cable audience but they did it anyway.

There's been a suggestion for "tar and feathering" and for litigation but I'm not sure either would be succesful.

I wonder what kind of a crowd on Monday night would it take at this point to make Carney and Abraham get off the fence....if that's at all possible at this point.

Jim

Anonymous said...

Ahhhhhhhhhh Jim,

You are really playing to the masses now!! I think possibly that you may have the calling to become a tele-evangelist!!

Just havin' some fun. Thanks for your comments, Jim.

Anonymous said...

I don’t know where to begin so I will just say I had several discussions with several commissioners before the purchase of the cable system. I told them this was a bad idea on many levels. None were receptive to my objections. Now I hope a few of them realize that Rader Math is a fantasy.

Rabid Republican

Anonymous said...

I don’t know where to begin so I will just say I had several discussions with several commissioners before the purchase of the cable system. I told them this was a bad idea on many levels. None were receptive to my objections. Now I hope a few of them realize that Rader Math is a fantasy.

Rabid Republican

Anonymous said...

Your analogy would be great if the Town was buying a house but they bought a BUSINESS. Everyone knows that money has to be put into a business to make it run, thus the old adage “it takes money to make money”. If it were such an awful deal why did TimeWarner fight so hard to try and get it? Surely you didn’t think the Town could take a bankrupt business and have it profitable in a year, did you? I have service with MI and I’m very pleased with their service. Once again, skewing the facts to stir the pot.

Anonymous said...

I got a great idea. I say we get into the business of selling drugs,prostitution, and gambling. Those are businesses and we can show a profit faster than cable. I don't give a damn about the citizens of Mooresville and their inferior-uneducated opinions, because we want a BUSINESS that makes money. Oh let's don't forget about customer service if we're not in business to make money, I guarantee all of our customers will be happy. I don't care that government shouldn't be leveraging the town without conscent because I know business and how to make people happy. The wait times should be minimal, so let's get started.

Anonymous said...

Hate to break this to ya, 6:30 p.m. but... WE didn't buy a business. THE MAYOR AND THREE OF HIS ERRAND BOYS did. Secondly, they didn't just buy a "BUSINESS", as even you seem to recognize, they bought a BANKRUPT BUSINESS. As far as "it takes money to make money"...In this case it's taking MY money and I never got a say in it. Keep "stirring the pot" Jaime. Remember these turkeys (and their dwindling cronies) would like nothing more than to just be left alone to do whatever they want with OUR money.