SMARTMONEY.COM: On The Street: Telecom Accounting Bombs27 Feb 20:11 By Cintra Scott Of SMARTMONEY.COM ONLY A COLLAPSE as titanic as Enron's (ENRNQ) could upstage the massive telecom meltdown. Yet Global Crossing's (GBLXQ) implosion has the same key elements as Enron's. They both involve allegations of accounting fraud, unheeded whistleblowers and even the same auditor, Arthur Andersen. It's almost uncanny. In Global Crossing's case, the Securities and Exchange Commission and the FBI are examining what's known in industry jargon as "indefeasible rights of use," or IRUs. An IRU grants a customer a certain amount of communications capacity or portion of a network for a fixed amount of time. For example, a carrier may lease some fiber from Global Crossing's undersea network for 20 years, instead of paying to build its own. As a general rule, IRUs are paid for up front by the buyer and thus recognized as revenue by the seller right away. Things get tricky when two carriers swap IRUs, ostensibly for their own strategic purposes. Sometimes, these swaps add more to investor confusion than they do a carrier's network capacity. For the buyer, the IRU is usually considered a capital expense that can be depreciated over the term of the contract. But as we said earlier, for the seller, the IRU may be recognized as revenue in the current period. Global Crossing thus was able to swap capacity and record it as a sale upfront while spreading its cost over time. In this case, even swaps where no cash changed hands appeared as a profitable transaction in the short term. Hollow swapping may follow the letter of the law, but it doesn't follow its spirit. And the dubious practice may be widespread in the telecom sector. Surprised? Don't be. It's an emerging industry with accounting that's subject to interpretation. It needs a constant flow of affordable captial, which comes only with pristine credit ratings or a stock that's much in demand. And top that with sky-high investor expectations. You have the recipe for some fancy numbers games. Here are some of the other tricks played in the telecom sector - and how investors can spot them. Revenue-Recognition Games Revenue is the first figure on an income statement and the raw material from which earnings are crafted. This is where most creative accounting occurs, because "it's so darn easy," says Charles Mulford, accounting professor at Georgia Institute of Technology and co-author of "The Financial Numbers Game: Detecting Creative Accounting Practices." Problems arise when revenues are recorded prematurely or, in the worst case, fictitiously. So far in our accounting series, we've highlighted a number of ways companies can manipulate their revenue figures. Telecom carriers and equipment makers are no strangers to most of them. For instance, Lucent Technologies (LU) came under SEC investigation in February 2001 for apparently "stuffing the channel" with its telecom equipment. Back in December 2000, the company had restated its revenues for the fiscal fourth quarter (ended Sept. 2000) by $679 million. Of that adjustment, $452 million was for equipment it took back from distributors when they didn't sell it. "The investigation is continuing and we are cooperating fully," says Lucent's spokeswoman. "We have nothing new to report." The company also notes that it voluntarily brought these issues to the SEC's attention in Nov. 2000, three months before the official investigation was launched. As in the software industry, telecom's revenue recognition practices run the gamut from superconservative to outright fraud. To detect aggressive policies, watch the accounts-receivable figure on a company's balance sheet. If receivables grow faster than total revenues, that's a red flag. Hollow Swaps As the Global Crossing debacle shows, asset swapping is particularly worrisome to telecom investors. Remember: It takes two to swap. Fellow carriers Qwest (Q) and 360Networks (TSIQX) have been implicated in the Global Crossing investigation. Their records have been subpoenaed by the SEC, and they could very well be under investigation themselves. A Qwest spokesman says the third-party subpoena appeared to be a routine request for documents and that there was no reason to believe it would be the subject of an SEC investigation. 360Networks, now in bankruptcy court, said it couldn't comment at this time. In addition, Level 3 Communications (LVLT) has recently disclosed some IRU swaps - seven in its 2001 fiscal year, to be precise. But Level 3's chief executive, James Crowe, issued a statement on Feb. 13 to allay concerns. "We have recently completed a review of each of [the seven] transactions and have reconfirmed that, in each case, the transaction had a valid business purpose and that the accounting treatment was proper," he said in a press release. "In any event, the total amount of revenue Level 3 recorded in connection with these transactions was immaterial, representing only 2% of our GAAP revenue for 2001." Meanwhile, at Qwest, something akin to IRU swapping has also popped up. As discussed in its Feb. 14 conference call, Qwest has recorded some mutually beneficial transactions with KMC Telecom Holdings in 2001. Qwest maintains that leasing KMC's Internet services was important for its business strategy, and not merely a guise to artificially inflate its own revenues, as some have alleged. Qwest bought data equipment that it then sold to KMC. Meanwhile, Qwest leased KMC's dial-up ports for a monthly fee. As with IRU swaps, Qwest's equipment sales added to its top line, while its related costs were spread out over the terms of the contracts. A company spokesman says the transactions were properly accounted for and that leasing KMC's dial-up ports allowed Qwest to offer customers - such as MSN and AOL - faster and more economical services. But these transactions also helped Qwest'squarterly income statements look a little meatier. How can an investor detect hollow swaps? "Take a step back," says Georgia Institute of Technology's Mulford. First, make sure you understand how the company makes money. That's the easy part. Mulford also suggests reading all those footnotes regarding special expenses. Be suspicious if capital expenses aren't obviously necessary to a company's strategy. "Creative accounting practices are possible to detect," Mulford says. "You may not detect the 'perfect fraud'," but not even Enron was a perfect fraud in his view. Troubling transactions were apparent to close readers of Enron's filings. Big Baths Another way to boost earnings is to lighten expenses. One common way telecom companies do this is via a "big bath." That's when a company cleans up its balance sheet by taking a massive restructuring charge all at once. The benefits are seen in the future, when expenses that have already been written off would otherwise be applied. As a result, future earnings look better than they otherwise would. Cisco Systems (CSCO) aroused suspicions when it took a $2.25 billion inventory write-down last year. The company lumped in charges for raw materials it said it was unlikely ever to use because of changes in technology and customer demands. But analysts noted at the time that if Cisco could find use for these written-off raw materials, it most certainly would - and its margins would appear higher because its cost of goods would be zero. Indeed, in the quarters since then, Cisco has resold and used certain materials, netting a couple hundred million dollars in the process. But note that it excluded these gains from its pro-forma earnings per share - the number most closely watched by Wall Street. In 1998, when Arthur Levitt was chairman of the SEC, he cited big-bath charges and revenue recognition as two ways companies play the numbers game. Four years later, little has changed. For more information and analysis of companies and mutual funds, visit SmartMoney.com at smartmoney.com. (END) DOW JONES NEWS 02-27-02 08:11 PM |