Clearwire Corporation (CLWR): Sprint Nextel Corporation (S) Asks FCC for Quick Approval, While Investor Opposition Grows

The top executives of Sprint Nextel Corporation (NYSE:S), SoftBank, and Clearwire Corporation (NASDAQ:CLWR) recently met with FCC Chairman Julius Genachowski and other FCC officials to discuss matters relating to the pending consolidations. The carriers pressed the regulator to give a go-ahead signal to SoftBank’s acquisition proposal to buy 70% stake in the Kansas-based carrier, and thereby approve Sprint’s proposal to takeover Clearwire Corporation (NASDAQ:CLWR). The deals are scheduled to conclude by the middle of this year.

Requesting the regulator

The companies explained to the regulators that once the SoftBank deal receives a green signal, it would facilitate Sprint Nextel Corporation (NYSE:S) to purchase the rest of Clearwire in a $2.2 billion deal. Both the deals are extremely crucial for the third largest U.S. carrier to strengthen its competitive position to contend with the larger rivals in the wireless market.

With the capital infused by the Japanese telecom player, Sprint Nextel Corporation (NYSE:S) would be able to acquire the rest of the Bellevue-based carrier. While SoftBank would satisfy Sprint’s financial needs, Clearwire Corporation (NASDAQ:CLWR) would serve the telecom provider with the much needed spectrum to build an efficient LTE network.

Even Clearwire Corporation (NASDAQ:CLWR) Chief Executive Erik Prusch has requested FCC to give a ‘speedy approval’, as the money losing company needs cash infusion to widen its network and provide LTE services. Dan Hesse, Chief Executive of Sprint Nextel Corporation (NYSE:S), stressed that the deals would speed up its network deployment process, and help it emerge as a more effective competitor to Verizon Communications Inc. (NYSE:VZ) and AT&T Inc. (NYSE:T). In addition, the company would also benefit from the ‘technical and operational expertise’ of SoftBank, which would enable it to offer better network service to its customers.

However, the road isn’t as easy.

The speed breaker – ‘baseless and without merit’…

Clearwire investor Crest Financial, which owns a 3.9% stake in the company, has appointed a proxy solicitation firm, D. F. King & Co, to help it in the process of blocking the Clearwire Corporation (NASDAQ:CLWR) deal. The Houston-based Clearwire investor has publicly expressed its dissatisfaction with Sprint’s $2.97 a share proposal, saying that it grossly undermines the company’s true worth. The investment firm sued Clearwire and its board, arguing that they are not performing their duty in the best interest of the company.

Moreover, DISH Network Corp. (NASDAQ:DISH) made a counter bid for Clearwire, as it desires to diversify its product offering and enter the mobile broadband world. The satellite company’s counteroffer of $3.30 a share reiterates the investor’s view that Cleawire’s spectrum asset is being undervalued by Sprint Nextel Corporation (NYSE:S).

Though Clearwire said that its special committee is weighing both the proposals, it is pretty evident that Sprint is their preference. In the meanwhile, Dish disclosed its primary intention of acquiring Clearwire’s spectrum, and said that its main interest is to partner with Sprint.

Crest believes that Sprint’s offer is unfair, and that the carrier is misusing its position as the largest stakeholder to buy Clearwire at a highly discounted rate per share. The investor is confident that Clearwire Corporation (NASDAQ:CLWR)’s shareholders will reject the deal. Crest has argued that the deal isn’t in the best interests of shareholders, particularly in such a spectrum tight environment. However, Sprint considers Crest’s argument as ‘baseless and without merit’.

Looking ahead – Attack and Defend

The approval of Clearwire’s shareholders is very critical for Sprint. The transaction shall fall through in case 25% of Clearwire shareholders vote against the deal. Even if 25% of the shareholders do not cast their vote, the deal will get blocked. If things go in favor, SoftBank plans to infuse $8 billion to accelerate Sprint’s Network Vision.

If there is a delay, it would make Clearwire Corporation (NASDAQ:CLWR)’s position extremely vulnerable, as it is looking for additional financial assistance to offer its 4G services. The deals need timely approval from the regulatory body. This will help Sprint Nextel Corporation (NYSE:S) to speed up the process of its network deployment, and attack its bigger rivals more effectively.

Not only this, it is also essential for Sprint to defend its current position and continue widening its distance from T-Mobile, particularly after the fourth largest national carrier won FCC’s approval on its MetroPCS Communications Inc (NYSE:PCS) merger proposal. In all, this it would be interesting to watch how well the Kansas-based carrier learns both the attacking and defending techniques.

The article Sprint Asks FCC for Quick Approval, While Investor Opposition Grows originally appeared on Fool.com and is written by Rajesh Marwah.

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