SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
Current Report Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): May 4, 2004
SpectraSite, Inc.
------------------------------------------------------
(Exact name of Registrant as specified in its charter)
Delaware
--------------------------------------------------------------
(State or other jurisdiction of incorporation or organization)
001-31769 56-2027322
------------------------ ---------------------------------------
(Commission File Number) (I.R.S. Employer Identification Number)
400 Regency Forest Drive
Cary, North Carolina 27511
---------------------------------------- ----------
(Address of principal executive offices) (Zip Code)
(919) 468-0112
----------------------------------------------------
(Registrant's telephone number, including area code)
Item 5 Other Events and Regulation FD Disclosure.
On April 23, 2004, Winstar Communications, LLC and Winstar of New York, LLC
(collectively, "Winstar") filed a class action lawsuit in the United States
District Court for the Southern District of New York against a class alleged to
consist of more than 800 owners and managers of commercial real estate
properties that have entered into leases or other arrangements with Winstar. The
defendants include real estate investment trusts, privately held commercial real
estate companies, the Building Owners and Managers Association of New York
("BOMA") and SpectraSite Building Group, Inc., one of our subsidiaries. The suit
asserts claims for violations of federal and state antitrust law, and federal
communications law, and seeks an unspecified amount of monetary damages and
specific performance. The claims are premised upon the allegations, among
others, that the defendants, through BOMA and other rooftop managers including
SpectraSite Building Group, Inc., conspired to fix rental prices of building
access for telecommunications services by disseminating non-public pricing
information among the defendants that stabilized building access rates for
competitive telecommunications providers such as Winstar. We believe that this
suit is without merit. While the suit is in its early stage and we are unable to
predict its outcome, we do not expect it to have a material adverse effect on
our business.
The statements in this Current Report on Form 8-K and oral statements made
from time to time by representatives of the Company that relate to the Company's
expectations and evaluation of the merits of the litigation described above are
forward-looking statements based on current expectations of future events that
involve risks and uncertainties inherent in any such proceeding, including those
detailed from time to time in the Company's Current Reports on Form 8-K,
Quarterly Reports on Form 10-Q and the Annual Report on Form 10-K, filed with
the Securities and Exchange Commission. Actual results may vary materially from
the forward-looking statements. The Company assumes no obligation to publicly
update any forward-looking statements, whether as a result of new information,
future events or otherwise.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this Current Report to be signed on its behalf by the
undersigned hereunto duly authorized.
SPECTRASITE, INC.
By: /s/ Steven C. Lilly
-------------------------
Steven C. Lilly
Vice President
Dated: May 4, 2004