To: Jetter who wrote (697 ) 4/17/2000 4:50:00 AM From: Dan B. Read Replies (2) | Respond to of 1658
Jetter, In TERN's case, the truth is that DOCSIS inclusion for S-CDMA remains "targeted" by Terayon, as Mr. Gilder has said. The strongest statement(pretty strong) from Cablelabs has been that it was "highly unlikely" that S-CDMA would be included in the next revision(but this in fact leaves the possibility quite open despite the claims made in the class action complaints). Furthermore, even if Cablelabs HAD said there would be absolutely no DOCSIS inclusion for S-CDMA in the next release, these current complaints would still have little or no validity, IMO, so long as Cablelabs kept open the offer to TERN to submit S-CDMA for "very likely" DOCSIS inclusion in the future(as they have, based on valuable performance apparently Cablelabs and/or TERN "expects" from S-CDMA). I believe it's correct to say the Cablelabs letter concerned itself with reason to believe that TERN may have been implying S-CDMA was already accepted into DOCSIS, or was a lock for same. While THAT concern is reasonable, CEO Rakib, with broken english, testifies that this issue of "interpretation" has been settled to the extent that there is no remaining misunderstanding between TERN and Cablelabs. There is purported evidence that this IS the case- posted on Geocities as you'll all know. There is NO evidence offered that it isn't the case and Cablelabs has taken no further action. I believe Terayon had revealed in good faith the reality that DOCSIS inclusion for S-CDMA is not a sure thing- all along. TERN remains one of the companies Cablelabs asked to write/submit the next potential DOCSIS revision based on FA/TDMA(this not a lock for DOCSIS inclusion either) and there is no sign Terayon has been removed from that role. There isn't even a reason to think TERN has been ruled out of DOCSIS inclusion at all- Not even absolutely ruled out of the very next potential DOCSIS standard(just "highly unlikely", as per Cablelabs). IMO, it doesn't take a rocket scientist to see that the class complaints are rife with illogic, and have extremely minimal chance of any success. IMO, the fall in TERN's share price is not only a result of simultaneous market conditions for such speculative issues, but also most recently, in large part based on false and misleading claims made concerning Cablelabs true position on S-CDMA's potential inclusion in DOCSIS, by Pluvia Securities, "Mike Hunt" and/or "Joe Boner," and even Pat Mudge(mainly of SI's CMTO thread). These statements often falsely lead the reader to believe TERN has been ruled out of DOCSIS altogether by Cablelabs. Again, it is simply not the case. It was therefore always impossible for TERN to inform investors that S-CDMA was ruled out of DOCSIS- even in the case of the next potential revision. It's jsut not true. IMO, Cablelabs, anxious to move the industry forward, and believing at least in part that a viable TDMA DOCSIS would likely arrive first, altered its stated expected path to the future in that light- and in doing so in fact included Terayon among the companies asked to write and submit a TDMA proposal. At the same time Cablelabs extended its willingness to include S-CDMA in the future- and it did that in fact WITHOUT ruling it completely out of being part of the very next update to DOCSIS. So Cablelabs all but ruled out S-CDMA for inclusion in the next release/revision of DOCSIS- but almost doesn't count. I have NOT seen any Cablelabs statement which unequivocally ruled TERN's S-CDMA out of DOCSIS. Period(long term OR short term). Has anyone else? By all means, please show me if so. Dan B