Supplemental Disclosure Material - Ono
Supplemental Disclosure Material - Ono
Supplemental Disclosure Material - Ono
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will allow us to update our voice network and increase the quality of our services while reducing operating expenses. Our<br />
business operations and revenues could be adversely affected if Huawei does not fulfill its obligations to us or if we<br />
experience difficulties implementing our agreement with Huawei.<br />
We currently depend on Motorola’s technology for the operation of our conditional access system, which we use to<br />
transmit encrypted digital programs. In connection therewith, we entered into an agreement with Motorola under which<br />
Motorola agreed to sell and install parts of the conditional access system (including hardware equipment such as set-top<br />
boxes), to grant licenses for the respective intellectual property rights for the conditional access system, and to provide<br />
maintenance, support and security services.<br />
In 2010, we entered into an exclusive agreement with U.S. digital video company TiVo in order to offer next<br />
generation TV services in Spain, providing a seamless convergence between internet and traditional television content. As<br />
part of this strategy, we have committed to using Cisco set-top boxes. Our television operations going forward are therefore<br />
dependent on TiVo’s know-how and software and Cisco’s hardware. We are in a transition period where we are phasing out<br />
the use of Motorola’s software and hardware and commencing the introduction of Cisco’s hardware and TiVo’s software.<br />
Our business operations and revenues could be adversely affected if (i) Motorola no longer maintains our<br />
conditional access system during the transition period and if we are not able to replace the existing conditional access system<br />
with the system required for next generation TV at a reasonable cost; (ii) the Motorola or Cisco conditional access system is<br />
compromised by illegal piracy and access of non-subscribers to the system; and/or (iii) the Motorola or Cisco conditional<br />
access system is incompatible with future broadband fiber technologies or products we intend to use. Furthermore, our<br />
business operations and revenues could be adversely affected if TiVo and Cisco (either directly or through their<br />
subcontractors) do not fulfill their obligations to us or if we experience difficulties implementing our agreements with them<br />
into our product portfolio. In addition, we received our last shipment of Motorola set top boxes in 2010 and Motorola has<br />
ceased production of these boxes. Going forward, we will have to rely on existing stock and refurbished units until we have<br />
migrated our entire TV customer base to Cisco set-top boxes. If we experience delays in this migration, we may be unable to<br />
meet client demand for set-top boxes which could adversely affect our operations and revenues.<br />
We rely on Telefónica’s network to carry the traffic relating to our mobile telephony and broadband internet services.<br />
We rely on our agreement with Telefónica for voice, data and other telecommunications services we provide to our<br />
mobile customers. Our current agreement expires in 2013 and will have to be renegotiated. If the agreement with Telefónica is<br />
not renewed or terminated, if Telefónica fails to deploy and maintain its network, or if Telefónica fails to provide the services<br />
as required under the terms of our agreement and we are unable to find a replacement network operator on a timely and<br />
commercial basis (or at all) we could be prevented from carrying on our mobile business altogether, or on less favorable terms<br />
or with less desirable services. Additionally, any migration of all or some of our customer base to a new operator would be in<br />
part dependent on Telefónica and could entail technical and commercial risks. Telefónica is also a commercial counterparty in<br />
interconnection with us. Any disagreements with Telefónica may affect our commercial relationship with it.<br />
Unanticipated network interruptions and events beyond our control may adversely affect our ability to deliver our products<br />
and services.<br />
Our business is dependent on the continued and uninterrupted performance of our network. System, network,<br />
hardware and software failures have occurred before and could occur in the future and affect the quality of, or cause an<br />
unexpected interruption in our service. These failures could result in costly repairs and affect customer satisfaction, thereby<br />
reducing our customer base and revenues and damaging our brand image.<br />
Moreover, if any part of our network or system infrastructure is affected by flood, fire or other natural disaster,<br />
computer virus, terrorism, power loss or other unforeseen events, our operations and customer relations could be materially<br />
adversely affected. Our disaster recovery, security and service continuity and protection measures may not be sufficient to<br />
prevent loss of data or prolonged network downtime.<br />
In addition, our business is dependent on certain sophisticated critical systems, including our switches and customer<br />
service systems. The hardware supporting those systems is housed in a relatively small number of locations and if damage<br />
were to occur to any of these locations or if those systems develop other problems, there could be a material adverse effect on<br />
our business. For example, we depend on our customer billing system, to enable us to conduct our business and interact with<br />
our customers. Any significant delays or interruptions in providing services could negatively impact our reputation as an<br />
efficient and reliable telecommunications provider and consequently impair our ability to obtain and retain customers.<br />
We depend on the ability to attract and retain key personnel without whom we may not be able to manage our business<br />
effectively.<br />
Our operations are currently managed by a number of key executives and employees. The loss of any key employee<br />
could significantly impede our financial plans, product development, network completion, marketing and other plans, which<br />
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