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A thorn in Time Warner Cable's side: The Omaha Forbearance Order

In an interesting yet complicated FCC Filing from Covad (AMEX: DVW) and from XO Communications (OTCBB: XOHO), these two small communications players appear to be seeking more growth assistance in the New York area. The press release indicates that Time Warner Cable Inc. (NYSE:TWC) falls far short of the one-fifth market penetration level understood to have been required by the FCC to approve past requests for forbearance from key unbundling obligations.

The press release gets more complicated from here. The two smaller players apparently are citing the Omaha Forbearance Order for MSA's in 2005. If taken to an extreme, this could force larger carriers to offer cost-based rates to smaller carriers to allow for more broadband services to be offered on a competitive basis.

What's this mean for TWC? Could this be the start of bigger troubles? Who's behind the filing? We'll have to stay tuned to find out. Regardless of what ultimately happens, this is a thorn in TWC's side: Big companies rarely welcome more competition.

Analyst downgrades: BTI, DVW, PCBC, VLCM and AMMD

MOST NOTEWORTHY: British American Tobacco, Covad Communications, Pacific Capital, Volcom and American Medical Systems were today's noteworthy downgrades:
  • Goldman downgraded shares of British American Tobacco (NYSE: BTI) to Neutral from Buy on valuation.
  • Covad Communications (NYSE: DVW) was lowered to Hold from Buy at Jefferies. The firm downgraded shares after Platinum Equity Holdings agreed to acquire the company.
  • Keefe Bruyette downgraded Pacific Capital Bancorp (NASDAQ: PCBC) to Market Perform from Outperform following its Q3 credit loss pre-announcement.
  • ThinkEquity reduced Volcom (NASDAQ: VLCM) to Accumulate from Buy following its reduced guidance.
  • American Medical Systems (NASDAQ: AMMD) was downgraded to Market Perform from Outperform at Raymond James and at Piper Jaffray. Piper downgraded shares following the lower-than-expected Q3 results. Shares were also downgraded to Hold from Buy at Stifel following the weak Q3 report.
OTHER DOWNGRADES:

Newspaper wrap-up: Best Buy (BBY) looking to buy Covad?

MAJOR PAPERS:
OTHER PAPERS:
  • A consortium led by Goldman Sachs Group (NYSE: GS) is believed to be the frontrunner in the GBP4B auction of Southern Water, the utility that supplies water to more than 1 million households in the Southeast, reported the U.K. Times.
  • Rumors are reportedly circulating at telecom company Covad Communications (NYSE: DVW) that Best Buy (NYSE: BBY) is seeking to buy the company, a source told Broadband Reports.

Analyst downgrades 4-26-07: AAPL, CI, ERIC, TIBX and UPS were downgraded today

MOST NOTEWORTHY: Ericsson (ERIC), Hiland Holdings (HPGP), AVX Corp (AVX), Tibco Software Inc (TIBX) and UPS (UPS) were some of today's notable downgrades:
  • UBS downgraded shares of Ericsson (NASDAQ: ERIC) to Neutral from Buy following the company's Q1 report that showed weaker than expected operating cash flow.
  • AVX Corp (NYSE: AVX) was downgraded to Underweight form Neutral at JP Morgan.
  • Stifel downgraded United Parcel Service (NYSE: UPS) to Hold from Buy at Stifel, after Q1 showed a slight decline in U.S. Ground parcel volume...
OTHER DOWNGRADES:
  • AG Edwards downgraded Cigna Corp (NYSE: CI) to Hold from Buy.
  • Citigroup downgraded Apple (NASDAQ: AAPL) to Hold from Buy on valuation.
  • LongBow Research cut LSI Corp (NYSE: LSI) to Neutral from Buy; Wedbush cut shares to Hold from Buy on their disappointing Q1 report.
Analyst summaries provided by TheFlyOnTheWall.com (subscription required).

Analyst initiations 4-12-07: DELL, GS, HPQ, MER, MS and MSFT initiated today

MOST NOTEWORTHY: Microsoft (MSFT), Dell (DELL), Hewlett-Packard (HPQ) and certain broker/dealers were some of today's notable initiations:
  • Soleil initiated Microsoft (NASDAQ: MSFT) with a Buy rating and $33 target, expecting a strong upgrade cycle near-term and anticipates expanding addressable markets and its global footprint in the long-term.
  • Dell Inc (NASDAQ: DELL) was initiated with an Above Average rating and $27 objective at Caris. The firm expects Dell to have 2-3 potentially "sloppy" quarters and believes investors will give it a "pass," as the company's current valuation reflects a majority of the near-term risk.
  • Caris also started Hewlett-Packard Co (NYSE: HPQ) with an Above Average rating along with a $44 objective.
  • Deutsche Bank initiated several broker/dealers with Buy ratings including Goldman Sachs Group (NYSE: GS), Merril Lynch & Co (NYSE: MER), Morgan Stanley (NYSE: MS) and Lehman Brothers Holdings Inc (NYSE: LEH).
OTHER INITIATIONS:
Analyst summaries provided by TheFlyOnTheWall.com (subscription required).

Symbol Lookup
IndexesChangePrice
DJIA-93.7910,197.47
NASDAQ-17.882,149.02
S&P 500-11.271,087.24

Last updated: November 12, 2009: 04:23 PM

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