Original Web Article: Is Cbeyond (CBEY) the subject of an undisclosed Law Enforcement Investigation? Citron Has the Docs.
Review Summary:
Apparently Citron Research did not drive the stock price of Cbeyond (NASDAQ:CBEY) down far enough with its initial ‘research report’, so Citron is trying to squeeze out more of their lemon juice - frankly everything they have said is just acid with no substance.
Review/Analysis:
Citron doesn’t seem to know how to actually produce a “research” report. They slap together some disparate information and call it research.
Let’s look at their current attack on Cbeyond one issue at a time:
1) It gets worse …. Much worse
Citron apparently did a request to the FTC to get a list of consumer complaints. Like everyone else, they have to do a Freedom of Information (FoI) request to obtain it. This is normal and the FoI request is a required step. Frequently viewed reports are available to the consumer without issuing and FOI request.
Citron states that they received: “100+ page file of customer complaints – and a lot of them are very serious indeed”.
Let’s examine what they got one step at a time:
They got “100+ pages of consumer complaints”. What they don’t tell you is that the FTC “located approximately 200 pages of responsive records”. Each record, or page, contains A SINGLE COMPLAINT. So, there are only approximately 200 complaints relative to Cbeyond on file with the FTC. Considering Cbeyond has tens of thousands of customers with thousands of new ones added all the time, having only 200 complaints is pretty darn amazing.
“and a lot of them are very serious indeed”. Citron points you to a file where they scanned in FOUR COMPLAINTS. Not 100, FOUR! The complaints they use as examples are dated 11/25/2008 (page 40), 1/15/2009 (page 23), 2/10/2009 (page 18) and 5/13/2009 (page 1). The complains are in historical date order going backwards in time. So, the most recent complaint that the FTC forwarded (page 1 - 5/13/2009) was over one month old at the time the results were pulled by the FTC for Citron’s request for a list of complaints. Also note, there can only be EIGHTEEN complaints in the three month period between 2/10/2009 and 5/13/2009 (pages 1-18). Also, notice that page 23, i.e. complaint 23 is dated 1/15/2009. Does this mean that there have ONLY BEEN TWENTY THREE COMPLAINTS FILED SINCE JANUARY? Sounds like a huge growth in the number of consumer complaints to me!
And the complaint on page 18 is about slow number portability. Number portability is one of the most common complaints on the planet and it constantly causes problems for every carrier in the U.S.
2) “Law Enforcement Investigation”
Citron states in their latest “report update”: “Of even more concern is that over 100 pages of documentation were specifically withheld by the FTC because, as it cites, the documents were obtained by the Commission “in a law enforcement investigation”.”
First, let’s discuss the “in a law enforcement investigation”. EVERY COMPLAINT TO THE FTC IS A LAW ENFORCEMENT INVESTIGATION. Was that enough discussion. The FTC enforces laws. A complaint is a potential violation of the law. The FTC investigates the complaints.
Citron makes it sound like some legal entity is investigating Cbeyond. Perhaps there is somewhere, but this letter from the FTC is not saying that at all.
Now, let’s discuss the “specifically withheld” part of Citron’s statements. The FTC letter references Section 21(f) of the FTC Act as the reason the other “over 100 pages of documentation were specifically withheld” (as stated by Citron). Well, Section 21(f) of the FTC Act says that the FTC does not have to release information under a Freedom of Information request if the SUBMITTER of the complaint has defined the complain as CONFIDENTIAL and has requested under section 21(f) that the complaint not be made public.
So, the other 100 or so complaints were withheld because the consumer requested that they be withheld. Not because Cbeyond is being investigated.
Cbeyond has consistently maintained a low churn rate of 0.4% for “controllable” reasons which they define as: “includes customers leaving for service or pricing reasons”. Kind of hard to imagine their customer service and practices being as bad as Citron states if they have maintained that 0.4% churn rate.
3) The numbers are worse than we originally thought
Citron tried to pull the wool over everyone’s eyes with their previous comments concerning Cbeyond’s supposed disastrous churn rate and their lack of growth in new markets. Well, Citron figured out another way to make things look bad in three other markets (San Diego, Detroit, and San Francisco) by referencing only the free cash flow and doing it in a rather bizarre way of combining three markets (that started at different times) and showing cumulative negative cash flow, rather than just cash flow.
Regardless, let’s take this logically, instead of Citron’s normal approach. If Cbeyond wants to open a new market then they have to spend money to create a network and delivery platforms in order to sell services. Right? In the initial years you have a large capital investment. Look at what Verizon (NYSE:VZ) is spending for FIOS. Does anyone create a bizarre cumulative negative cash flow picture for Verizon’s markets?
Over time, you get new customers and revenues and justify your investment in your new markets. Citron says Cbeyond is failing in new markets. But, what do Cbeyond’s numbers for the three markets show? Remember that San Diego started in 1Q07, Detroit in 3Q07 and San Francisco in 4Q07. Revenue is in thousands.
Revenue ‘07 Revenue ‘08
San Diego 2,510 10,728
Detroit 576 5472
San Francisco 39 3372
It looks like Cbeyond is adding customers aggressively in their new markets and is on track to easily exceed capital expenditures.
4) Meanwhile the company burned free cash
Every entrepreneurial company will burn its free cash in new markets and products.
Conclusions: Here is Citron’s most recent conclusion: “Red flags are abounding here. Citron will continue to follow the story, but reiterates its opinion that CBEY is generously overvalued at half its current share price.”
Here is mine: As of the end of 2008, Cbeyond had $37M in cash and cash equivalents and NO DEBT. They are penetrating new markets, investing wisely, growing their customer base and maintaining high customer satisfaction. They are managing the issues created by the current economic situation by tightening their credit policies and other actions.
Note: I do not hold a position in Cbeyond nor am I affiliated with Cbeyond in any way.