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Supplemental Disclosure Material - Ono

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provision of telecommunication services were liberalized and telecommunication networks could be exploited under free<br />

competition. Competition then increased as additional participants entered the market and challenged Telefónica’s dominance.<br />

Additional alternative players entered the market in the late 1990s and early 2000s. As a consequence of the adoption of the<br />

EU telecoms package in 2002, Law 11/1998 was replaced by Law 32/2003, General on Telecommunications, with the aim to<br />

increase competition in the sector reducing market regulatory barriers and allowing competition law to provide effective<br />

competition to the extent possible.<br />

The development of fiber as an alternative technology added more competition in the telecommunications market<br />

and provided consumers with an alternative to legacy copper technology. Spain’s fiber industry is relatively young compared<br />

to other European countries. Commercial networks were first constructed in the mid 1990s, as compared to most other<br />

European countries where fiber networks launched services in the 1970s and 1980s. ONO launched commercial services in<br />

1998. The industry has already undergone a period of consolidation, with ONO emerging as a market leader after its<br />

acquisition of Auna in 2005.<br />

The Spanish telecoms market is now moving towards convergence of voice, data and video networks and services.<br />

Telecom operators are rapidly introducing new products and services and trying to leverage their infrastructure by bundling<br />

services for consumers. The convergence process is driven by operators bundling services such as broadband internet access,<br />

television, fixed-line telephony and increasingly mobile into integrated offers (double, triple and quadruple play). In 2010, the<br />

number of bundled customers in the market increased by 782 thousand, which implies an 8.5% annual growth, to 10.0 million,<br />

according to CMT. At the end of 2010, approximately 49% of fixed telephony lines, 91% of internet services and 49% of<br />

pay-TV contracts were bundled with at least one other service. Spain is relatively more advanced than the EU average in the<br />

convergence process. The number of bundled packages (either double or triple play) in Spain, according to the Fifteenth<br />

Progress Report on the Single European Electronic Communications Market, reached 19.2% of the population in July 2009,<br />

which is higher than most other European countries. ONO is relatively advanced, with 40% of its fiber customers subscribing<br />

to a triple-play bundle as of March 31, 2012.<br />

Bundled offers per type as % of population, July 2009<br />

28.6%<br />

27.1%<br />

22.4% 21.8%<br />

19.2% 18.8%<br />

15.5%<br />

13.9% 13.2%<br />

9.2% 9.0% 8.5% 8.1% 8.0% 6.9%<br />

3.4% 3.2%<br />

1.2%<br />

Netherlands<br />

Germany<br />

France<br />

Luxembourg<br />

Spain<br />

UK<br />

Estonia<br />

Italy<br />

Ireland<br />

Finland<br />

Belgium<br />

Greece<br />

Slovenia<br />

Sweden<br />

Poland<br />

Cyprus<br />

Czech Republic<br />

Bulgaria<br />

Double play<br />

Triple play<br />

Source: Fifteenth Progress Report on the Single European Electronic Communications Market, 2010<br />

Technologies<br />

Telecommunication and television needs of the consumers in the Spanish market are mainly addressed through<br />

PSTN (Public Switched Telephone Network), fiber, satellite, DTT (Digital Terrestrial Television) and mobile technologies.<br />

PSTN<br />

Telefónica, as the incumbent operator, has a PSTN network that covers the majority of Spain for fixed-line services<br />

and fixed broadband (xDSL) services. Telefónica is also upgrading parts of its network to VDSL, allowing it to offer higher<br />

speed broadband services.<br />

The General Law on Telecommunications (Law 32/2003, of November 3) and accompanying regulations impose<br />

obligations on Telefónica to unbundle its PSTN local loops. Alternative telecom operators are allowed to use Telefónica’s<br />

copper-based network to provide their own services through a process referred to as “unbundling of the local loop” (“ULL”).<br />

ONO uses ULL (ADSL) as a complement to its fiber network in those areas where it does not have fiber coverage. Other<br />

alternative telecom operators using ULL (ADSL) in Spain include Vodafone, Orange and Jazztel. ULL (ADSL) operators<br />

44

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