To: MIKE REDDERT who wrote (19930 ) 3/4/2000 2:42:00 PM From: Maverick Respond to of 29970
ATHM explores strategic alternatives to current relationships S-3 SEC filing on 3/2/00 the exclusivity obligations of our principal cable partners, AT&T, Comcast Corporation, Cox Communications, Inc. and Cablevision Systems Corp., expire on June 4, 2002[It's still more than 2 yrs from now. ATHM is talking to xDSL providers to extend its reach. I believe this will be announced shortly. This woul be a catalyst for ATHM stock] In consideration for Cox's agreement to waive its right to terminate exclusivity as of June 4, 1999, changes were made to the corporate governance provisions of our certificate of incorporation and bylaws. These changes generally require board action to be approved by a majority of our board, including the board representatives of AT&T and either Cox or Comcast. In addition, as further consideration for Cox's waiver, AT&T agreed to increase its subscriber acquisition goals for the twelve months following June 4, 1999 above its current goal for that period.We and our cable partners are continuing to explore the relationships we will have after our exclusivity obligations expire as well as possible strategic alternatives to our current relationships. [This could be an euphemism for M&A] We depend on our cable partners to promote our services and obtain new subscribers. The rate at which we are able to obtain new subscribers depends not only on the degree to which our cable partners upgrade their cable systems but also on the level and effectiveness of the efforts made by our cable partners to promote our services. Our cable partners have achieved different levels of subscriber penetration. In Canada, for example, where our cable partners have high levels of upgraded cable systems, and faced early competition from other providers of high speed data services, we have relatively high levels of subscriber penetration (exceeding those in the United States). Among our principal U.S. cable partners, AT&T, Cox and Comcast are actively promoting our services and are beginning to increase their penetration rates. Cablevision, however, has deployed our service to only a small number of subscribers and continues to offer its own online service called Optimum Online in certain of its cable systems.