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Cristo999

01/17/11 5:23 PM

#10523 RE: Koufax #10519

Wireless roll-out. Very interesting find, Koufax. The fact that Starr thought this was important enough to negotiate for in the Purchase Agreement shows they generally agree with Marty that this will add value down the line. As commercial language goes, this is pretty strong language: "reasonable best efforts" is considered much stronger than "commercially reasonable efforts", although there is pretty standard language about commercially reasonable costs that softens it.

Marty - this really seems to be more a when, not if, question. I would urge you to try to talk to Jacky about it since you are passionate about this issue. I don't think discussing the pros and cons of the wireless program or management's current plans raises any Regulation FD concerns - quite frankly I don't believe this issues rises to the materiality level that would trigger a Regulation FD disclosure obligation. It would be a shame to lose you over what may just be a misunderstanding.

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martych

01/17/11 5:50 PM

#10524 RE: Koufax #10519

That is interesting. Thanks for sharing the reference. It actually fits in with my theory that much of what was included in the Nielsen report should actually be viewed as management objectives or goals as opposed to a typical 3rd party market research project.

For instance the reason I modeled an inter-city bus ramp in C11 to 32.2k was the Nielsen report page entitled "company forecast" that shows 33.8k by CYE-11. Their report for CYE-10 was 26.5k is remarkably similar to the 26,548 they got to effective 1/1/11 after their recent bus acquisitions. I also modeled in 1k tour buses starting in 2H-11 which is shy of this report showing a fcst of 1,900. The airport bus total OTOH looks light so I used a higher count given the ramp we've seen and the much higher relative impact.