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Investment Securities
12 Months Ended
Dec. 31, 2012
Investment Securities  
Investment Securities

Note 5.                                 Investment Securities

 

Our marketable investment securities, restricted cash and cash equivalents, and other investment securities consisted of the following:

 

 

 

As of December 31,

 

 

 

2012

 

2011

 

 

 

(In thousands)

 

Marketable investment securities—current:

 

 

 

 

 

Corporate bonds

 

$

654,096

 

$

561,149

 

VRDNs

 

66,145

 

218,665

 

Strategic

 

56,288

 

216,090

 

Other

 

39,422

 

86,503

 

Total marketable investment securities—current

 

815,951

 

1,082,407

 

Restricted marketable investment securities (1)

 

7,529

 

3,939

 

Total

 

823,480

 

1,086,346

 

 

 

 

 

 

 

Restricted cash and cash equivalents (1)

 

21,516

 

20,347

 

 

 

 

 

 

 

Other investment securities—noncurrent:

 

 

 

 

 

Cost method

 

27,711

 

26,193

 

Equity method

 

155,500

 

114,246

 

Total other investment securities—noncurrent

 

183,211

 

140,439

 

Total marketable investment securities, restricted cash and cash equivalents, and other investment securities

 

$

1,028,207

 

$

1,247,132

 

 

 

(1)         Restricted marketable investment securities and restricted cash and cash equivalents are included in “Restricted cash and marketable investment securities” on our Consolidated Balance Sheets.

 

Marketable Investment Securities

 

Our marketable investment securities portfolio consists of various debt and equity instruments, all of which are classified as available-for-sale.

 

Corporate bonds

 

Our corporate bond portfolio includes debt instruments issued by individual corporations, primarily in the industrial and financial services industry securities.

 

Variable rate demand notes (“VRDNs”)

 

VRDNs are long-term floating rate municipal bonds with embedded put options that allow the bondholder to sell the security at par plus accrued interest.  All of the put options are secured by a pledged liquidity source.  Our VRDN portfolio is comprised of investments in municipalities and corporations, which are backed by financial institutions or other highly rated companies that serve as the pledged liquidity source.  While they are classified as marketable investment securities, the put option allows VRDNs to be liquidated generally on a same day or on a five business day settlement basis.

 

Strategic

 

Our strategic investment portfolio consists of investments in shares of common stock of public companies, which are highly speculative and have experienced and continue to experience volatility.  The value of our investment portfolio depends on the value of such shares of common stock.  For the year ended December 31, 2012, we received $46 million in dividend income from one of our strategic investments.  We did not receive any dividend income for the years ended December 31, 2011 and 2010.

 

Other

 

Our other current marketable investment securities portfolio includes investments in various debt instruments, including government bonds.

 

Restricted Cash and Marketable Investment Securities

 

As of December 31, 2012 and 2011, our restricted marketable investment securities, together with our restricted cash, included amounts required as collateral for our letters of credit or surety bonds.

 

Other Investment Securities - Noncurrent

 

We have several strategic investments in certain equity securities that are accounted for using either the equity or the cost method of accounting.  Our ability to realize value from our strategic investments in companies that are not publicly traded depends on the success of those companies’ businesses and their ability to obtain sufficient capital to execute their business plans.  Because private markets are not as liquid as public markets, there is also increased risk that we will not be able to sell these investments, or that when we desire to sell them we will not be able to obtain fair value for them.

 

As of December 31, 2012, our equity method investments included a $35 million investment in DISH Digital Holding L.L.C. (“DISH Digital”), a joint venture between us and DISH Network.  The carrying amount of our investment reflects the $45 million aggregate carrying amount of cash and certain noncash assets that we contributed to DISH Digital upon its formation on July 1, 2012 in exchange for a one-third equity interest in DISH Digital, less $10 million from our equity in the net loss of DISH Digital for the year ended December 31, 2012.  See Note 19 for additional information about our investment in DISH Digital.

 

Unrealized Gains (Losses) on Marketable Investment Securities

 

The components of our available-for-sale investments are summarized in the table below.

 

 

 

 

 

 

 

 

 

Estimated

 

 

 

Amortized

 

Unrealized

 

Fair

 

 

 

Cost

 

Gains

 

Losses

 

Value

 

 

 

(In thousands)

 

As of December 31, 2012

 

 

 

 

 

 

 

 

 

Debt securities:

 

 

 

 

 

 

 

 

 

Corporate bonds

 

$

653,812

 

$

591

 

$

(307

)

$

654,096

 

VRDNs

 

66,145

 

 

 

66,145

 

Other (including restricted)

 

46,946

 

5

 

 

46,951

 

Equity securities - strategic

 

21,214

 

35,074

 

 

56,288

 

Total marketable investment securities

 

$

788,117

 

$

35,670

 

$

(307

)

$

823,480

 

As of December 31, 2011

 

 

 

 

 

 

 

 

 

Debt securities:

 

 

 

 

 

 

 

 

 

Corporate bonds

 

$

563,625

 

$

228

 

$

(2,704

)

$

561,149

 

VRDNs

 

218,665

 

 

 

218,665

 

Other (including restricted)

 

90,428

 

25

 

(11

)

90,442

 

Equity securities - strategic

 

33,876

 

182,214

 

 

216,090

 

Total marketable investment securities

 

$

906,594

 

$

182,467

 

$

(2,715

)

$

1,086,346

 

 

As of December 31, 2012, restricted and non-restricted marketable investment securities included debt securities of $655 million with contractual maturities of one year or less and $112 million with contractual maturities greater than one year.  We may realize proceeds from certain investments prior to contractual maturity as a result of our ability to sell these securities prior to their contractual maturity.

 

Marketable Investment Securities in a Loss Position

 

The following table reflects the length of time that our available-for-sale debt securities have been in an unrealized loss position.  We do not intend to sell these debt securities before they recover or mature, and it is more likely than not that we will hold these debt securities until they recover or mature.  In addition, we are not aware of any specific factors indicating that the underlying issuers of these debt securities would not be able to pay interest as it becomes due or repay the principal at maturity.  Therefore, we believe that these changes in the estimated fair values of these debt securities are primarily related to temporary market fluctuations.

 

 

 

As of December 31,

 

 

 

2012

 

2011

 

 

 

Fair
Value

 

Unrealized
Losses

 

Fair
Value

 

Unrealized
Losses

 

 

 

(In thousands)

 

Less than 12 months

 

$

275,587

 

$

(288

)

$

507,925

 

$

(2,709

)

12 months or more

 

12,963

 

(19

)

3,931

 

(6

)

Total

 

$

288,550

 

$

(307

)

$

511,856

 

$

(2,715

)

 

Realized Gains on Marketable Investment Securities and Other Investments

 

We recognized realized gains on our marketable investment securities and other investments of $178 million, $14 million and $3 million for the years ended December 31, 2012, 2011 and 2010, respectively.

 

Fair Value Measurements

 

Our current marketable investment securities were measured at fair value on a recurring basis as summarized in the table below. As of December 31, 2012 and 2011, we did not have investments that were categorized within Level 3 of the fair value hierarchy.

 

 

 

As of December 31,

 

 

 

2012

 

2011

 

 

 

Total

 

Level 1

 

Level 2

 

Total

 

Level 1

 

Level 2

 

 

 

(In thousands)

 

Cash equivalents (including restricted)

 

$

533,943

 

$

23,621

 

$

510,322

 

$

543,243

 

$

16,197

 

$

527,046

 

Debt securities:

 

 

 

 

 

 

 

 

 

 

 

 

 

Corporate bonds

 

$

654,096

 

$

 

$

654,096

 

$

561,149

 

$

 

$

561,149

 

VRDNs

 

66,145

 

 

66,145

 

218,665

 

 

218,665

 

Other (including restricted)

 

46,951

 

 

46,951

 

90,442

 

 

90,442

 

Equity securities - strategic

 

56,288

 

56,288

 

 

216,090

 

216,090

 

 

Total marketable investment securities

 

$

823,480

 

$

56,288

 

$

767,192

 

$

1,086,346

 

$

216,090

 

$

870,256

 

 

In 2012, we did not have investments that were accounted for using the fair value method.  In 2011, we held investments that were accounted for using the fair value method, and we reported realized and unrealized gains and losses on such investments in “Gains on investments accounted for at fair value, net” in our Condensed Consolidated Statements of Operations and Comprehensive Income (Loss).  Certain unrealized gains and losses on investments accounted for using the fair value method were based on fair value measurements categorized within Level 3 of the fair value hierarchy.  Changes in our fair value method investments during 2011 were as follows:

 

 

 

Amount

 

 

 

(In thousands)

 

Balance as of December 31, 2010

 

$

608,955

 

Net realized gains included in earnings

 

9,194

 

Purchases

 

51,936

 

Issuances

 

27,313

 

Settlements

 

(697,398

)

Balance as of December 31, 2011

 

$

 

 

Investments in TerreStar

 

In February 2008, we completed several transactions under a Master Investment Agreement between us, TerreStar Corporation and TerreStar Networks Inc. (“TerreStar”).  Under the Master Investment Agreement, we acquired, among other things, $50 million in aggregate principal amount of TerreStar’s 6 1/2% Senior Exchangeable Paid-in-Kind Notes due June 15, 2014 (“Exchangeable Notes”).  TerreStar and certain of its affiliates filed for bankruptcy protection under Chapter 11 of the United States Bankruptcy Code on October 19, 2010.  The United States Bankruptcy Court for the Southern District of New York confirmed TerreStar’s Chapter 11 plan of reorganization (the “TerreStar Plan”) on February 15, 2012.  Effective March 29, 2012, the Exchangeable Notes were cancelled pursuant to the TerreStar Plan.  As of December 31, 2012, we had no investment in TerreStar.