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Patent Box legislation could change outlook for European telecoms companies

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“Businesses would be well advised to begin planning now in order to determine whether and how to add Patent Box to their profit-making armoury.”

UK legislation of patent tax structure has implications for European telecoms companies, say Laura Hoyland and Jeremy Morton, of CMS Cameron McKenna LLP.

A final consultation on the UK’s draft ‘Patent Box’ legislation will close on 10th February. Patent Box is the government’s proposed tax relief regime designed to encourage technology innovation and development in the UK,

particularly relevant given the continuing trend to migrate highly mobile intellectual property to minimise tax. After a phasing-in that begins in April 2013 and continues for four years, qualifying patent profits will eventually enjoy a 10% rate of corporation tax. This presents significant opportunities for European telecoms businesses, provided they begin planning well in advance.

In a nutshell, a patent owner or exclusive licensee will be able to apply the reduced rate of tax to income derived from patents, including worldwide profits from sale or licensing of patents, sale of products that embody a patented invention, and damages from patent litigation, provided these relate to at least one patent granted by the UK Intellectual Property Office or the European Patent Office. The government is considering extending this to national patents of other European countries too.

In order to exclude non-practising entities, also known as patent ‘trolls’, the corporate group must have undertaken significant technical development, and if the claiming company did not do the development work itself it must at least manage the patent portfolio.  Profits from services are not included as such, but can benefit via intra-group licensing structures.  Finally, brand-related profits must be stripped out.

Multinational telcos derive huge profits on the back of patent rights, and the land-grab continues with the ongoing disposal of Kodak’s digital imaging patents.  Ericsson’s Chief Intellectual Property Officer also recently announced a new focus on licensing and enforcement of its 27,000 patents. Businesses would be well advised to begin planning now in order to determine whether and how to add Patent Box to their profit-making armoury. Challenges include how to calculate profits from the typical combination of product sales and multi-party cross-licensing: HMRC sees this as a complex area. Attention will also need to be given to structuring joint ventures involving patent development and ownership, as well as dispute settlements and disposals, acquisitions and reorganisations.  Businesses must also understand the anti-avoidance measures and the appropriate transfer pricing strategy.

It seems very encouraging, but is it enough? European patent owners will be able to consider similar preferential regimes in Belgium, the Netherlands, Luxembourg, Ireland, Switzerland, France, Hungary and Spain, all generous in their own ways. Luxembourg, for example, extends the relief to worldwide patents and simple economic ownership usually suffices.  Most of these jurisdictions tax relieve a longer list of intellectual property than the UK.

Although the UK proposal makes specific (in some cases relaxed) provision for groups, any multinational business would be wise to consider its current set-up, financial and regulatory constraints, practical and commercial needs and other tax aspects (such as local research and development reliefs) before implementing any move underscored by the UK Patent Box.

Laura Hoyland is an Associate in the Tax team and Jeremy Morton is a partner in the Intellectual Property team, at CMS Cameron McKenna LLP

Mobeam lights up with $1.5 million for LED couponing tech

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Mobeam has added $1.5 million finding to a 4.9 million Series A venture round announced in October 2011. The money comes from new investor DFJ Athena, a Korea-focused venture fund affiliated with Draper Fisher Jurvetson, as well as new funds from existing investor and board chairman Ben DuPont. DFJ Athena’s founder and managing director, Perry Ha, also joins mobeam’s board of directors.

The funding follows the company’s announcement in December that it is partnering with Procter & Gamble to bring a mobile couponing system to market. Mobeam’s technology enables mobile phones to be scanned by point of sale laser scanners.

“As is demonstrated by the partnership between mobeam and the world’s largest consumer packaged goods producer, P&G, coupons are the missing link in the mobile commerce value chain,” said Perry Ha, founder and managing director of DFJ Athena. “With a global retail infrastructure already in place that utilizes a very widely accepted standard for coupon scanning – one dimensional barcodes, or UPC symbols – what is necessary is for the mobile technology to embrace that infrastructure. The most elegant way to do that is through a software solution.  With many handset makers in Korea, DFJ Athena believed investing in mobeam’s software based solution was an obvious choice.”

Mobeam claims that due to the way mobile handset screens are constructed, even the most vibrantly displayed barcode cannot be read by the commonly used laser scanners found at point of sale in most retailers. Mobeam’s claim is that its technology adapts existing mobile technology to already-deployed retail POS infrastructure, opening the door to a wide range of previously impossible mobile commerce programs and services.

Mobeam uses LED technology present on many of handsets to transform barcodes into a beam of light that every laser scanner can read. The diea is that this makes it possible for a phone to present a coupon that can be easily and conveniently scanned and redeemed, without the need for retailers to upgrade their technology. Beyond mobile couponing, mobeam’s technology could enable applications such as mobile ticketing and content services.

A proper biggie in Barcelona

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Consolidation has arrived in Austria, where Hutchison Austria announced it will buy Orange Austria and then sell a bit of it on to Telekom Austria. Is that too many Austria’s?

Once Hutch has got its hands on Orange, Telekom Austria will then pay Hutch EUR 390 million for Orange’s YESSSS! brand and network, including spectrum and its network infrastructure, as well as intellectual property rights to the ONE brand.

Everything needs regulatory approval, but if it goes through we will see the 740,000 subscribers on Orange’s YESSS! brand port over to Telekom Austria, as well as the annual €56 million revenues they generate.

The acquisition will leave 3 Austria holding the rest of the business, for which it is paying a net €900 million. The deal combines the number three and four players, although the group would stay in third place behind mobilkom and T-Mobile Austria.

In this excellent blog, Informa analyst Thomas Wehmeier asks if 3’s role as consolidator, rather than consolidatee, is something we might see repeated elsewhere in Europe where it trails in fourth in a four player market. He points out that its market share in Austria would be significantly more than in any of its other markets, and asks if the deal places its holdings in the likes of the UK and Italy under further pressure. 

Market analysts also said that the deal is a statement of Hutchison’s commitment to the Austrian market. It’s an interesting reversal for 3 to act as the consolidating force, but it may not be one Hutch can afford to repeat in other markets. It also occurred to me, and it’s just a thought, that if there is a buyer waiting off-stage, in the wings, then could it be that Hutch is carrying our some consolidation and cost-cutting, prior to a further sale on to a hidden entity, perhaps with other operating units as part of the deal.

Elsewhere this week there was some deep techie news, actually from last December but only announced now, for whatever reason, that Ericsson had achieved a mid-call handover from an LTE network to a 3G network using a single radio. This is a slightly esoteric point for most people, but essentially the SRVCC (Single Radio Voice Call Continuity) approach is another tool in the box for LTE operators that want to be able to support IP voice services in LTE and also to allow users to “roam” or handover onto 3G networks mid-call. That means of course that a call doesn’t drop if a user strolls out of network, but also that a user can actually benefit from IP voice functionality when they are in LTE coverage. At the moment, voice calls to LTE phones are not carried over the LTE network, as the phone is bumped back to the 2G or 3G network for voice or SMS.

Sticking with voice for the time being, there was a nugget from Swisscom that it has become the latest operator to offer HD Voice over its UMTS network. “Users will not be charged for this service” the operator said. Another indication that HD Voice is becoming a standard “value add” element for operators.

Something that many hope will become standard for operators is RCS-e or RCS-type services. Although there are no further details, it emerged in the Spanish press this week that the Spanish operators’ RCS-e service, due to be launched in the first half of this year, will be called Joyn. If I were them, I’d be busting a gut to have something available, by whatever means possible, by Mobile World Congress, but they may not make it.

Speaking of the MWC behemoth, word reaches us that the event is set for record attendance. Registrations are way up on last year, where 60,000 souls were harvested by the GSMA. We were also told that the GSMA is expecting 12,000 developers to attend, which seems an astonishing percentage of its total attendance. Google has booked more space. All exhibition space is sold out, with 1,400 companies being represented in one way or another across 70,000 square metres.  Nokia has returned. It looks set to be a proper biggie. Let, er, battle commence.

Keith Dyer
Editor
Mobile Europe

Ericsson claims first LTE to WCDMA voice handover

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Handover of voice call from LTE to WCDMA used Single Radio Voice Call Continuity (SRVCC)

Ericsson has said that on the 23rd December 2011, it and Qualcomm successfully performed a voice handover based on the 3GPP-standardised functionality Single Radio Voice Call Continuity (SRVCC).  SRVCC support enables a single radio in the handset to execute a handover of a voice call from an LTE network to a 3G network.

The voice call handover was established on December 23 last year using Ericsson infrastructure and Qualcomm’s Snapdragon S4 MSM8960 3G/LTE multimode processor.

Johan Wibergh, Head of Business Unit Networks, Ericsson, said, “By accomplishing this advanced LTE handover technology together with Qualcomm, we now ensure that operators can meet consumers’ expectations on a high-quality voice over LTE service. Operators will be able to maintain their quality brand for their voice business when they launch voice over LTE.”

“As LTE networks are deployed alongside 3G networks, the ability for multimode 3G/LTE mobile devices to connect to different network technologies will be an important part of providing the best possible mobile voice and data experience to consumers,” said Cristiano Amon, senior vice president of product management, Qualcomm. “Qualcomm is committed to the successful deployment of LTE networks worldwide in conjunction with 3G networks, and the milestone we’ve achieved with Ericsson is another step towards making VoLTE technology a commercial reality.”

SRVCC enables operators to deploy voice over LTE, handing over to the existing GSM and WCDMA installed base as needed, to provide a voice service with global reach to their LTE smartphone users. A Qualcomm statement described it as the next logical step in the 4G LTE voice roadmap following the commercial launch of circuit-switched fallback technology (CSFB).

Ericsson said that the first operators are expected to begin deploying SRVCC during 2012, followed by more global commercial launches in 2013.  A demonstration will be available at Qualcomm’s booth at Mobile World Congress in Barcelona, Spain February 27 – March 1, 2012.

On the personal path to profit

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It’s been a while since we had a guest blog on Mobile Europe. Here’s one that looks at personalisation — a topic that gets paid a lot of attention but often in quite a cursory way. Often there is little in the way of detail, and the idea of delivering personalised customer offers remains just that – an idea. So, how can operators actually deliver personalised service to customers? What are the steps they can take to understand their customers better, and then to act on that? And if they achieve all that, do they then see actual profit for their efforts?

Here, Igor Sarenac, VP, Worldwide Communications, Convergys, (pictured) outlines why he thinks personalisation is key to customer profitability:

Mobile operators must give their customers reasons to voluntarily advocate them, rather than reasons to churn. Operators will begin to achieve these high levels of advocacy when they are able to demonstrate to their customers that they truly understand them. An organisation that can proactively use existing data to deliver a tailored, personalised service to individual customers will succeed in delivering increased revenues through longer-term loyalty.

The secret is in the segmentation
Operators can generate a deeper understanding of their customers by better analysing data to create more effective segment-based strategies. Traditionally operators have collected information like customer feedback, operational data (e.g. call resolution times, self-care usage etc.), and customer profile data (payment histories, product history, profitability etc.).  While many operators are skilled at analysing such information in silos, it is imperative they interconnect the data within these three domains (customer feedback, operational data, and customer profile data) and analyse the combined picture. This includes gathering customer feedback on new service creation, how they are delivered, how they are perceived and ultimately, how they are received.

By combining customer data specific to previous feedback, product usage and ongoing service contacts, mobile operators can group together its most loyal and profitable customers. Such segmentation practices enable operators to build an advocacy and profit profile for each of these highly-valued individuals and target personalised offers to them accordingly. These offers could include device upgrade offers, free concert tickets, free app downloads etc. Mobile operators are increasingly adopting technology that can cost effectively deliver these capabilities to drive more granular segmentation and drive a greater return on customer relationship investments.

Consolidated, comprehensive and consistent
To maximise the benefits of effective segmentation, it is vital that mobile operators consolidate multiple systems and data sources. Live customer agents representing operators can optimise call resolution times and keep care metrics at an acceptable level, if they have instant access to a consolidated view of the customer. This should contain the number of recent interactions the customer has had with the company (and the channel selected), a view of the customer’s product adoption, billing history, offer history (acceptance /rejection rates) and overall sentiment towards the organisation. Agents must be aware, as a minimum, what other channels a customer may have used and why they might have proved unsuccessful in resolving the issue.

Operators should also consider a customer’s social media prowess as part of the segmentation process. This proactively limits bad experiences being shared with thousands of Twitter followers or Facebook friends. When you consider that the average person has 130 friends on Facebook, it is easy to understand how issues can quickly escalate.

This comprehensive customer view ensures that all new offers, designed to increase customer advocacy, are appropriately targeted and more likely to be accepted. For example, a customer calling to complain about service quality on a particular line is unlikely to welcome an offer of additional airtime credits. It is important that operators, through their network of agents, are able to properly anticipate the moods of their customers.

From retail to retention – consistency throughout the lifecycle
Modern point of sale systems now have the potential to provide this same holistic customer profiling functionality. Compelling offers can be prioritised at point of sale according to the customer’s profile and subsequent likelihood of acceptance. This can also be supported by relevant scripting information to enable the sales/support agent to lead a quality customer interaction.

Creating a clear and consistent view of a long-standing existing customer is relatively straight forward. Effectively segmenting new customers is more challenging and usually starts with a considered estimation of their usage behaviour. It is then important for operators to constantly re-evaluate each customer’s usage patterns and align them to their latest product offerings and options. While this constant analysis may impact recurring revenue, it has a profound impact on longer-term customer loyalty by demonstrating a deep understanding of customer needs.

What’s personalisation worth?
Mobile operators will often do anything it takes to prevent customers churning. This has led to some operators giving away free credit or heavily subsidised handset upgrades to low-value customers in return for long-term loyalty.  The reality is that the value of this long-term loyalty rarely exceeds the cost of these incentives.

By working with a large U.S. operator, Convergys managed to reduce the budget for poorly allocated handset subsidies by 20%, resulting in hard savings of millions of dollars. At the same time, the operator also managed to target handset upgrades effectively and retain its high value clients on longer-term contracts. This led to a variety of additional cross-sell opportunities and new sources of revenue.

The same techniques have also delivered powerful results for operators based in emerging markets – especially those with a large number of prepaid users. By closely focusing on segmentation and personalisation, these operators have seen sales and retention increase amongst their so called “pay as you go” users, who are far more impulsive in terms of their propensity to churn.

Operators have a vast range of information at their disposal that enables them to generate a close understanding of their most valued customers. By combining a range of data from multiple systems, these organisations can arm themselves with the relevant knowledge to deliver a tailored and personalised service to these customers. Such techniques are proven to drive customer advocacy and long-term loyalty, which combine to increase revenue and safeguard profitability.

Over-the-air OS upgrades threaten networks

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Over-the-air updates to mobile operating systems are in danger of harming the performance of mobile networks, especially at peak times, according to data optimisation specialist Flash Networks.

Flash said that it hsa found that operating system upgrades sometimes consumed more bandwidth than YouTube videos, creating “significant bottlenecks”.

Operating system upgrades typically consist of functionality and security patches that are distributed at scheduled times over global mobile networks. For example, Microsoft accumulates security patches over a period of one month and then dispatches them all at once on “Patch Tuesday”, the second Tuesday of each month. Microsoft also releases other smaller updates on a daily or bi-weekly basis. Normally pushed out in the background without any intervention from the subscriber, this distribution creates a block of network data of up to 10 MB per user that moves simultaneously “over the air” while connected to the network. This burst in traffic can bring networks dangerously close to full capacity if the upgrades coincide with busy hours, such as commuting times, or popular browsing times late in the evening.

After one Patch Tuesday, it was discovered that for one European operator the amount of network bandwidth consumed by operating system upgrades rose from 3.7% to 18.2% of total bandwidth, coming second only to YouTube, which burned up 29.2% of network bandwidth. Similar results were discovered in the US where Windows updates increased upgrade traffic from 4.5% to 20%, an increase of more than four-fold.

In a few other cases observed by Flash Networks’ systems, the network bandwidth required to deliver an Android software upgrade climbed, on certain days and hours, up to 15% of total traffic and exceeded the bandwidth used for watching YouTube videos. In addition, the scheduled delivery of the upgrade during a quiet period in one region coincided with the peak period of another, bringing the network there close to full capacity.

Flash said that it expected OTA upgrades to be “dramatically increased” in the near future by the availability of Apple iOS5 OTA operating system upgrades.

Ericsson upgrades KPN’s backhaul networks

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KPN International’s subsidiaries E-Plus Group in Germany and KPN Group Belgium in Belgium are undertaking a three year backhaul upgrade project to increase capacity, and migrate to a packet backhaul architecture.

Ericsson will install more than 15,000 MINI-LINK microwave transmission node links (see picture, left) in both countries before the end of 2013. For the operators, upgrade of the mobile backhaul will lead to a migration from Time Division Multiplex (TDM) to packet transport, and the opportunity to scale microwave up to gigabit capacities step-by-step.

Gerhard Lüdtke, Director Access Network at E-Plus Group, said, “To cope with the continuous rapid growth in data traffic and offer faster mobile access and backhaul networks, we are upgrading our mobile backhaul with the help of Ericsson’s MINI-LINK technology. This investment will also allow us to make our network more cost-effective and future-proof, to the benefit of our broadband business.”

Anders Runevad, Head of Region Western & Central Europe at Ericsson, said, “Mobile backhaul is becoming increasingly important due to the rapid increase in consumption of internet services, which can otherwise put a lot of strain on mobile networks. This necessitates an upgrade of the transmission network to provide sufficient capacity for the increased traffic generated at the radio base station sites. Mobile backhaul provides the link between the core and the radio network, and we aim to perfect that link.”

Work related to the contract has already begun. Ericsson will migrate the two mobile operators’ TDM-based transmission networks to packet-based mobile backhaul networks to pave the way for the introduction of HSPA Evolution and LTE.

Both E-Plus Group and KPN Belgium signed contracts last year with ZTE for upgrading their radio networks to HSPA+ and LTE.

Swisscom latest to launch HD Voice

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Swisscom Mobile has become the latest European operator to enable HD Voice technology. From today the operator is offering HD Voice over its UMTS network, potentially reaching 93% of the population.

Customers need a compatible phone, with Swisscom proposing the the Nokia 800 Lumia, HTC Sensation XL and Sony Ericsson Xperia arc S as “particularly equipped”.

If both phones are on Swisscom’s UMTS network, then the conversation will be automatically transmitted in HD Voice. No extra charge for the service will be made. .

February / March 2012

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On allocation, acquisition and innovation

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Three thousand people in a big room, and in several smaller ones, for four weeks — talking about harmonised spectrum allocation? That sounds like a party not to miss, for sure. But horrendous though the thought may be to contemplate, that is what has been occurring this week, and what will continue for the next three weeks, at the World Radiocommunications Conference in Geneva, where the ITU’s members are endeavouring to reach agreement on regulations determining spectrum usage.

Satisfying the demands of competing governments is not easy, but this is an important conference to track outcomes from, as one of the issues up for grabs is the allocation of additional spectrum for mobile broadband services from 2020.

We spoke to both the head of the RadioCommunications Bureau and the GSMA’s spectrum activity, to try and find out exactly what is at stake for the mobile industry over the next three weeks. In short, it seems that it is a done deal that the next big ITU spectrum conference, held in 2015, will decide what spectrum will be allocated to mobile broadband services, but the discussions and negotiations begin now. So when it comes to 2020, and operators are whinging about lack of spectrum (or a glut??) think back to this day, and those 3k people in a room in Geneva, determining our 5G future.

M&A activity continues apace in the industry. GigaOM reported this week, although nobody has been able to verify it, that Ericsson has decided to acquire small cell and WiFi vendor BelAir Networks. That would give Ericsson a public access (read, carrier-controlled) WiFi capability. Although neither company is willing to comment, industry watchers looking to put two and two together and come up with five may note the recent arrival at BelAir of Ronny Haraldsik as CMO. Ronny was at Flarion before it was sold to Qualcomm, and also at Shasta Networks and Bay Networks, both sold to Nortel. Probably means nothing, but worth nothing in a Firday afternoon conspiracy theory sort of a way, perhaps.

There was also a confirmed, but smaller value, acquisition in the OSS/BSS space, with Comptel adding the interesting customer analytics company Xtract. With the major NEPs all rumoured to be lining up CEM launches (and NSN already well down that road), it’s interesting to see that the OSS vendors are still adding CEM smarts to their portfolios. Somewhere in the network/policy/OSS/BSS space there will be clarity around CEM. Comptel’s “event-analysis-action” vision may be lacking the “proactive, predictive” element of some CEM pitches, but it makes sense, especially if integrated with real time charging capability.

Another interesting idea in a different, although related, area came from Stream Communications, which is providing dedicated 3G SIMs to tablet users with the promise of faster service. Details on this from Stream were sketchy, but essentially the company is using its M2M network capability to shuttle iPad and tablet traffic about. Whether this means that its M2M network is underutilised by  actual M2M traffic is another matter. But it is an interesting idea to be able to offer prioritised, speedy service to end users on an individual basis, without entering the end-to-end, QoS-enabled, policy driven, customer centric CEM world as discussed in the paragraph above. Hard to see it scaling massively, though, but still a worthwhile enterprise play.

And finally… a new(ish) approach to SIM activiation
If you bought a SIM, would you want to be able to plug it in to your phone and then have it launch a small app that lets your phone communicate with you? It could ask you what number you would prefer, and perhaps ask you to pay a small amount for that number. Would you like to be able to even choose your tariff at that point?

This is a capability that Evolving Systems can offer to operators. At the moment, when operators push SIMs out into the market, to their own shops, and to kiosks, or stuck free SIMs on the front of magazines etc they need to have already provisioned those SIMs on their network.

That means pre-allocating space in their number ranges, and on their switches, for great bunches of SIMs that may never be activated, and may never therefore make them any money. But Evolving Systems lets operators provision SIMs at the point of activation. What it requires is an applet to be pre-loaded on the SIM, so the SIM manufacturers need to be involved before they deliver the “dynamic” SIMs to the operator. The operator obviously also needs to invest in a chunk of software from Evolving Systems.

Thad Dupper, CEO of Evolving Systems, said to me this week that operators could achieve between three and ten times return on their investment within 18 months to three years, by saving on switch and number range space, and also by generating new revenues by interacting with consumers when they activate the SIMs. By asking for user details, the dynamic SIM approach also drives user registrations –  particularly apposite in markets with high numbers of prepaid users, he added.

You can look up Evolving Systems here.

Keith Dyer
Editor
Mobile Europe

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