dhruv khanna, evp-hr & gc september, 2001. the internet as it should be. sm 2 today’s...
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2 The Internet as it should be.SM
Today’s Discussion
• Who is Covad
• How Regulation affects Covad’s business
• How Covad manages its business to address the impacts of regulation on Covad
• How the regulatory environment will affect Covad’s business and the CLEC industry
3 The Internet as it should be.SM
Who is Covad
• Founded in October, 1996
• Raised approx $2.1 billion to date
• Currently in a pre-negotiated Chapter 11 proceeding to eliminate approx $1.4 billion in debt
• $158 million in revenue in the first half of 2001 approx = $159 million in revenue for all of 2000
• Headcount reduced from a peak of 4000 last year to approximately 1700 now
• Only remaining non-ILEC DSL provider
• 26 out of 50 cities are recurring cash contributing
4 The Internet as it should be.SM
We have the Largest Broadband Network in the US
Los Angeles
Santa Barbara
San Diego
SanFrancisco
Sacramento
Portland
Seattle
Salt Lake City
Phoenix
Tucson
Las Vegas
Albuquerque
Denver
Dallas
San AntonioHouston
Austin
KansasCity
MinneapolisMilwaukee
GrandRapids
Detroit
St. Louis
NewOrleans
MemphisNashville
Louisville
Indianapolis
Chicago
Tampa
Orlando
Miami
Boston/Providence
Hartford
New York
Philadelphia/Harrisburg
Baltimore/WashingtonRichmond
RaleighGreensboro
Charlotte
Charleston
GreenvilleColumbia
AtlantaBirmingham
Jacksonville
ColumbusDaytonCleveland
Pittsburgh
Norfolk
50 Regions50 Regions94 MSA’s94 MSA’s
~ 40% of HHs~ 40% of HHs~ 45% of SmBus~ 45% of SmBus
~ 1,700 COs~ 1,700 COs
5 The Internet as it should be.SM
With Great Customers & Increased Stability
90% of run-rate volume with top 10 partners
75% of installed base with top 10 partners
Distressed lines down from 92K (33% of total) to 40K (12% of total)
6 The Internet as it should be.SM
We are #5 in DSL Lines in Service
Covad #5 ranking
DSL growth ratesDec-00 Mar-01 Jun-01 Q1 net addsQ2 net adds Q2 "churn" 2001 YE est.
SBC 767,000 954,000 1,000,000 187,000 83,000 100,000 1,200,000 Verizon 540,000 720,000 840,000 180,000 120,000 1,200,000 BellSouth 215,000 303,000 381,000 88,000 79,000 600,000 Qwest 255,000 306,000 360,000 51,000 54,000 500,000 Covad (est) 274,000 319,000 335,000 45,000 16,000 Sprint 35,000
7 The Internet as it should be.SM
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
# of Small
Businesses
SMB w/
Dialup
SMB DSL
L ines
We are #1 in Business Lines
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
# of Small
Businesses
SMB w/
Dialup
SMB DSL
L ines
YE ‘00 US SMB Mkt (1000s) Market Segment Share
450K SMB DSL Lines Today
Covad
34%
All Other
66%
Source: Various internet consultancy reports; Covad market analysis; DSL prime, Telechoice
8 The Internet as it should be.SM
0
3
6
9
12
15
18
1999 2000 2001 2002 2003
In a Market that is Growing Dramatically
Morgan Stanley estimates - May 2000
in m
illio
ns
US DSL Line Growth Projections
190% CAGR
9 The Internet as it should be.SM
We are in a Great Position vs the ILECs and Cable Competition
• One nationwide network vs multiple regional networks
• Business & consumer services not just consumer
• Voice and data combined on DSL will be unique
• Modern OSS to run the business
• No legacy network or systems
• People and expertise to evolve the business rapidly
• No restrictions on interLATA voice, data or content combinations
10 The Internet as it should be.SM
Covad Snapshot
• CO’s in Service 1718• Lines in Service 335,000• ARPU ~$59• Business/Consumer Mix 50%/50%• Indirect/Direct Mix 93%/7%• Employees/FTE’s 1,600/1,700• Revenue Run Rate ~$300,000,000+• MSAs Served 94• Homes/Business Passed ~40,000,000• Daily Install Rate ~750• Network Reliability >99.995%• Monthly Churn Rate ~ 2%
12 The Internet as it should be.SM
It took 62 years to make a major
revision to the telecom law
Major Telecom Law Changes
• Communications Act of 1934
• Mixed Federal and State Jurisdiction
• 1984 AT&T break-up by Judge Greene
• 1996 Telecom Act
• Tauzin-Dingell bill and ILEC structural separation bills
13 The Internet as it should be.SM
Impact of major law changes
• 1984: MCI and other long-distance competitors obtained equal-access
• 1996: CLECs won unbundling, resale and interconnection rights
• Jan 1999: U.S. Supreme Ct ruled in favor of FCC jurisdiction: FCC determines rules, but states fix the rates for network elements
• 1999-2001: CLECs won cageless physical collocation and line-sharing for DSL
• Carrot and Stick in the 1996 Act: Section 271 and the Antitrust Savings Clause
14 The Internet as it should be.SM
The effect of the laws and regulations on our business
• The principle: “Parity,” “non-discrimination,” and “equal-access”
• Price of access = CLEC’s cost of doing business/cost structure
• Quality of access = CLEC’s Quality of service to customers
• Cost of entry
• Nonrecurring and recurring costs
• Affects profit margins, time-to-profitability and capital required
• Costs of lobbying and litigating
16 The Internet as it should be.SM
Build an In-House Legal and Lobbying Department
• Where law and regulation significantly affects a business, building an in-house capability early to address regulation is key
• Hire the right lawyers, lobbyists and PR
• Out-sourced resources should complement in-house resources
• Hire, train and develop the best personnel
• Budget and manage expenses closely
• Undertake initiatives and defend regulations and rights selectively
• Educate and advise others in the business
17 The Internet as it should be.SM
Management Strategy
• Establish a clearly articulated strategy
• Choose which federal and state fora in which to be active
• Staff key geographies
• Pursue consistent strategies in Congress, at the FCC and states, and in the court
• Over-communicate within and throughout the department
• Closely manage outside resources
18 The Internet as it should be.SM
Congress, the FCC, PUCs and courts
• Communications issues are addressed by federal and state legislators, regulators and the courts
• FCC >> Makes rules to interpret the law
• PUCs >> Set rates for elements purchased by CLECs from ILECs
• FCC, PUCs and DoJs involved in long-distance applications of RBOCs
• Courts and arbitrators >> Enforce the laws and award damages
19 The Internet as it should be.SM
Pursue the right tactics
• We helped win court affirmation of FCC authority
• We won favorable rules from the FCC such as cageless physical collocation and line-sharing
• We have fought many state PUC rate cases
• We have sued 3 of the major ILECs for fraud and antitrust violations
• We have won one of the largest antitrust settlements in history
• We oppose ILEC efforts to change the law to favor them
21 The Internet as it should be.SM
Future Impacts
• Tauzin-Dingell and other legislative changes such as the opposing call for structural separation
• U S Supreme Court on applicable cost standard
• Court and Congressional efforts on the Goldwasser court decision
• FCC grant of 271s; state PUC rate matters
• The ILECs’ blocking of local telecom competition has been increasingly exposed
• When will the state and federal law enforcement authorities take action against the ILECs?