December 17, 2012, 9:20 PM — An investor in Clearwire has stepped up its fight to get a better price for the mobile operator, but Clearwire's alternatives to a Sprint Nextel buyout may be limited due to the nature of its spectrum and its business.
Though U.S. mobile operators have been scrambling for more spectrum, saying they will need it to support fast-growing network demands from smartphones and tablets, Clearwire's ample frequency holdings may not be as valuable as some investors think, industry analysts said.
On Monday, investment company Crest Financial has expanded a suit filed last Thursday into a class action on behalf of other minority shareholders. It says Sprint's planned acquisition of Clearwire undervalues the company's assets and would unfairly enrich Sprint. Crest wants the Chancery Court of Delaware to block the deal and let Clearwire pursue its own sale of spectrum. The company says it owns about 6.6 percent of Clearwire.
Clearwire announced on Monday that its board had unanimously approved the US$2.2 billion deal under which Sprint would acquire all the shares of Clearwire that it doesn't already own. It holds just over 50 percent now. Sprint would also assume Clearwire's debt and spectrum leases, valued at about $6.3 billion. The agreement still needs to be approved by a majority vote of Clearwire's minority investors.
In its complaint, Crest said "market commentary" indicates Clearwire's extensive spectrum licenses are worth more than $30 billion. "While the demand for mobile broadband data is growing exponentially, there is only a finite amount of spectrum available in U.S. markets," the complaint said. At least one other large Clearwire shareholder, Mount Kellett Capital Management, has also attacked Sprint's offer, saying its spectrum is worth as much as $9 billion.
The greatest value in Clearwire lies in its spectrum, according to both the companies and industry analysts. Clearwire holds licenses covering an average of 160MHz of spectrum in many cities around the U.S., one of the largest allocations of spectrum for commercial mobile service in the country. However, the type of spectrum Clearwire owns, as well as its close relationship with Sprint, probably limits how much it could get for those frequencies, industry analysts say.
The company holds licenses for frequencies around 2.5GHz, where signals don't travel as far or penetrate walls as well as in lower bands. By contrast, Verizon Wireless and AT&T are running their flagship LTE networks mostly in the 700MHz band. Shorter range means more radios and higher buildout costs, said ABI Research analyst Philip Solis.