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Supplemental Disclosure Material - Ono

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We are subject to increasing operating costs and inflation risks, which may adversely affect our earnings.<br />

While we attempt to offset increases in operating costs through a variety of measures focused on increasing<br />

revenues, there is no assurance that we will be able to do so. Therefore, operating costs may rise faster than associated<br />

revenue, resulting in a material negative impact on our cash flow and net profit.<br />

We are also impacted by inflationary increases in salaries, wages, benefits and other administrative costs. In<br />

addition, a number of our contracts are indexed to the consumer price index (“CPI”). Increases in the CPI could significantly<br />

impact our payment obligations with respect to our suppliers.<br />

Our capital expenditures may not generate a positive return.<br />

The broadband internet, television and telephony markets in which we operate are capital intensive. Significant<br />

capital expenditures are required to attract and retain customers to our networks, including expenditures for equipment and<br />

installation costs and the implementation of new technologies such as Docsis 3.0 and next generation TV (TiVo). No<br />

assurance can be given that our current or future upgrades will generate a positive return or that we will have adequate capital<br />

available to finance future upgrades. If we are unable to, or elect not to, pay for costs associated with adding new customers,<br />

expanding or upgrading our networks or making our other planned or unplanned capital expenditures, our growth could be<br />

limited and our competitive position could be harmed.<br />

We operate in a highly regulated market as a result of which we may be required to make additional expenditures or limit<br />

our revenues.<br />

We operate in a highly regulated market subject to the supervision of various regulatory bodies, including local,<br />

regional, national and European Union authorities. Changes in these regulations may increase our administrative and<br />

operational expenses or limit our revenues. We are subject to, among other things:<br />

• Rules governing the interconnection between different networks and the interconnection rates that we can<br />

charge and pay for fixed and mobile line connections;<br />

• Regulations relating to accessing Telefónica’s network for offering fiber to the home (“FTTH”), ADSL and<br />

indirect access services and regulations relating to accessing mobile network operators for the provision of<br />

mobile line services to end-customers;<br />

• Rules for authorization of renewals and transfers;<br />

• Regulations on universal service obligations including recent developments on the National Universal Service<br />

Fund and contributions to it with respect to previous year. (See “Regulation—Regulation of Electronic<br />

Communications Services—Universal Service, Public Service Obligations and Other Obligations of Public<br />

Character”);<br />

• Regulations relating to customer privacy and data protection and other consumer rights;<br />

• Regulations on intelligent network services;<br />

• Taxes such as under the RTVE Financing Law as defined in “Management’s Discussion and Analysis of<br />

Financial Condition and Results of Operations of ONOMidco—Factors Affecting Our Business During the<br />

Period Under Review—Regulatory Costs” and regulations requiring us to invest in content;<br />

• Regulation and taxes on the use of the spectrum;<br />

• Other requirements covering a variety of operational areas such as land use and environmental protection,<br />

technical standards and subscriber service requirements and legal interception obligations;<br />

• Significant market power regulations and other restrictions relating to competition;<br />

• Changes in Telefónica’s regulatory rate (in light of which we determine the rate for our wholesale services);<br />

• Regulations on television and other audiovisual communication services;<br />

• Regulations relating to accessing content in the audiovisual market; and<br />

• Other regulations.<br />

One of our regulators, the CMT, is required under current regulations to define the retail and wholesale<br />

telecommunications markets in Spain that are not competitive. The CMT has concluded all market reviews and adopted a<br />

substantial number of decisions whereby, in compliance with the EU Network Regulation Framework and the General Law on<br />

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