m2m (machine to machine) & mvnos - mobile telecommunications in 2014

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M2M and MVNOs Mobile telecommunications in 2014 Dr Martyn Taylor Partner January 2014

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Presentation on machine to machine (M2M) and mobile virtual network operators (MVNO) in the context of mobile telecommunications. Explanation of business models; overview of legal and regulatory issues; case studies

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Page 1: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

M2M and MVNOs

Mobile telecommunications in 2014

Dr Martyn Taylor

Partner

January 2014

Page 2: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Overview

GSMA intelligence: “M2M and MVNOs are driving current growth in mobile connections” (August 2013)

Machine to Machine (M2M) growth

• The M2M business model

• Opportunities and international developments

• Legal and regulatory issues

• Case study: existing M2M operations and issues

Mobile Virtual Network Operator (MVNO) growth

• The MVNO business model

• Opportunities and international developments

• Legal and regulatory issues

• Case study: the introduction of MVNOs in China

Discussion

M2M and MVNOs – Mobile telecommunications in 2014 2

Dr Martyn Taylor Partner +61 45 777 4711 [email protected]

Page 3: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

The M2M business model

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• Machine to machine (M2M) is the name given to a range of technologies that permit information to be exchanged automatically between machines or devices, without human intervention.

• M2M has existed for many years (eg SCADA). However, greater use of low-cost broadband wireless and Internet applications is now driving innovation and rapid M2M market growth.

• M2M covers a broad range of technologies and applications and has provides significant further potential for business innovation:

• Greater ability to collect more accurate information.

• More timely (including real-time) information flows.

• Automated diagnosis and implementation of solutions.

• Greater ability to react to information, providing greater control.

• Overall, greater efficiency and quality in service delivery.

Page 4: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Elements of the M2M process

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An M2M process involves a number of discrete stages:

• the collection of a data event by an autonomous hardware device, such as a sensor or meter;

• the transmission of that data through a wireline and/or wireless communications network;

• the receipt and analysis of that data by another autonomous device (sometimes as part of a set of data from multiple autonomous sources) using a telemetry-based software application;

• the translation of that telemetry into meaningful information, including computer-generated directions given to further machines or humans.

Page 5: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

M2M growth forecasts – a USD 1.2 trillion market

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Source: Machina Research (2012)

• Currently around 2% of mobile connections, by 2022 this will increase to around 22%.

• Global M2M revenue forecast to increase from USD 200 billion to USD 1.2 trillion, of which around 10% involves connectivity and associated services.

• M2M data traffic usage is expected to remain low, at around 1 - 2% of network traffic.

Page 6: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Existing and future applications

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Automated

provisioning

Remote

monitoring

Qatar ‘Smart

City’ initiative

(Dec 2013)

security

systems and

monitoring

intelligent transport

networks

smart

metering for

utilities smart medical

devices

traffic

management

inventory

management

Areas of future innovation may include…

• ‘just in time’ inventory monitoring

• law enforcement and surveillance

• tailored insurance premiums

• tailored products and marketing

• anticipatory healthcare and support

• asset geotracking and monitoring

• preventative maintenance

• intelligent and networked cars

• intelligent houses and appliances

• information-intensive micropayments

Page 7: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Customer expectations are driving industry innovation

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October 2013:

“The GSMA’s vision is a world empowered by the capability to remotely provision mobile operator credentials to support the huge growth of M2M devices.”

“To deliver this, the GSMA are working with operators and SIM solution suppliers from around the world to create a common, secure, interoperable architecture to facilitate the commercial deployment of systems that enable remote ‘over the air’ provisioning and management of the SIM.”

“The automative industry is currently trialling the new remotely provisionable SIM to manage operator subscriptions and support the continuously evolving new services available in your car.”

Customer expectation Industry innovation

Malfunctions in devices

can be quickly

distinguished from

network malfunctions.

Replacement of

customer helpdesks with

on-line network status

reports and diagnostics.

Switching devices to

different networks

without swapping SIM

cards.

Embedded SIM cards

with remote activation.

Switching devices to

different networks during

a home network

downtime.

Domestic roaming where

the home network has

an outage.

Integrated M2M

connectivity platforms,

devices and software

solutions.

Joint ventures and

alliances between telcos

and other suppliers of

M2M solutions.

Page 8: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Legal and regulatory issues

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• Common issue in 21st century telecoms are regulatory systems based on 20th century technologies. Pace of technological innovation has far exceeded pace of regulatory change.

• While many legal issues are common to other technologies, there are some nuances and issues that are unique to the M2M environment.

• Key issues:

• spectrum management;

• device certification;

• numbering,

• data security and privacy;

• contractual liability.

• Also market liberalisation issues such as regulatory restrictions on roaming and restrictions on the use of MVNOs, as well as general competition policy where mobile operators refuse to provide access.

Page 9: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Spectrum management

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• Key implications for spectrum policy:

• greater flexibility in use of spectrum (technology neutral);

• spectrum usage locked in for longer periods (e.g., 2G devices).

• If an operator does not hold its own spectrum and wishes to sell M2M services, it would be necessary to enter into an MVNO or resale arrangement with an existing operator – see later slides.

• Many existing wireless standards are optimised for traditional mobiles (high data rates with fewer devices), but would have difficulty supporting M2M (low data rates with many devices.

• Some jurisdictions are considering allocating spectrum specifically for M2M purposes (e.g., US – auction in 2014 for 3.5GHz band).

• Global industry standards are evolving, including in the context of LTE, to carve out a niche for M2M decides (e.g., low cost devices that use half duplex or single receivers on lower power levels).

Page 10: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Device certification

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• Most jurisdictions require certification of radiofrequency devices with certification requirements varying between regimes.

• There are typically three layers of regulation: (a) regulator approval; (b) industry standards association approval; and (c) operator approval. The latter is often the most difficult to obtain.

Page 11: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Numbering – generally a scarcity issue

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• M2M devices require numbers to function, including:

• IP-addresses (IPv4 and IPv6);

• telephone numbers (E.164);

• IMSI numbers (E.212).

• Compatibility with IPv6 is mainly a software/firmware issue, so should be fixed. Regulatory intervention could be necessary to mandate updating of equipment.

• Scarcity of E.164 telephone numbers is real risk, meaning that technology solutions may be required or that the ITU expands the E.164 numbering allocations.

• A single network can allocate between 1 and 10 billion IMSI numbers, so IMSI number exhaustion is highly unlikely.

• Open questions include whether M2M should have specific numbers and whether such numbers should be portable.

.

Singapore IDA, April 2013:

“It not clear when non- Mobile Subscriber Integrated Services Digital Network Number identification and addressing standards, e.g.,IPv6, for communication amongst M2M devices will be finalised and become mainstream for M2M addressing purposes.“

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Data security and privacy

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• Significant increase in the range of information potentially gathered on individuals, including ability to assimilate and process information.

• Key issues with generic privacy laws include:

• obtaining consent to the use of personal data;

• Requirements limiting the retention of personal data to defined periods;

• Requirements regarding the security of personal data that is stored;

• Restrictions on export of personal data to other jurisdictions.

• Privacy laws can be applied to individual sectors and activities - such as collection of data from smart meters (e.g., California, Germany).

• If proprietary rights exist in M2M data, it may be often unclear whether such data is owned by the end user, the distributor or the telco. The relevant contracts may need to address this issue.

Page 13: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Mobile Virtual Network Operators

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• A mobile virtual network operator (MVNO) is a company that provides mobile services but does not have its own spectrum, nor does it necessarily have all of the relevant network infrastructure.

• Rather, the MVNO uses the spectrum and network infrastructure of an existing mobile network operator (MNO).

• The MVNO enters into a wholesale arrangement with the MNO to obtain bulk access to the infrastructure of the MNO at wholesale rates. For example, it may buy airtime on a wholesale basis.

• The MVNO supplies independently of the MNO in the retail market, as a competitor of the MNO, and can set its own retail pricing structures.

• MVNO market is currently 3% of total mobile market. Hong Kong has world’s highest MVNO penetration at 7.5%.

Page 14: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Elements of MVNOs

• The more elements in the core network the MVNO itself owns, the greater the functionality that the MVNO

is able to offer that differentiates the MVNO’s services from the operator’s services.

• An MVNO typically has its own customer service and billing support systems and its own customer

relationship, marketing and sales personnel.

• The MVNO does not own any spectrum and does not seek to share any of the radio access network (RAN)

infrastructure (other than using the operator’s RAN).

• An MVNO normally obtain bulk access to RAN network services at wholesale rates.

Page 15: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

The MVNO business model

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• In mature markets, the existing mobile operators typically target the mass market, while the MVNOs target niche market segments that are underserved or have a low incumbent penetration:

• Discount MVNOs, targeted at price sensitive consumers (eg Virgin Mobile).

• Lifestyle MVNOs, targeted at niche market demographics, such as teenagers.

• Ethnic MVNOs, targeted at particular ethnic groups, supported by cheap calls to the relevant home country.

• Limited MVNOs, targeted at particular types of mobile services, such as data

• As 4G LTE networks are being rolled out, we are also likely to see a growth in data-oriented MVNOs, such as M2M (see earlier slides).

• A number of jurisdictions are achieving liberalisation by issuing MVNO licences, rather than permitting market entry by additional mobile operators. As a result, the number of global MVNOs continues to grow.

Page 16: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Categorisation of MVNOs

RAN and

spectrum Switching

& core

Subscriber-

specific services

External

interconnection

Interconnection

revenue

Service

differentiation

Own unique SIM

cards and

functionality

VAS &

Apps

Value added

services

Unique

applications

Rebrands SIM

cards of network

operator

Billing &

CRM

Customer

relationship

management

Customised

invoicing

Branding

& tariffs

Sales

channels

Full mobile operator

Heavy MVNO

Medium MVNO

Light MVNO

Rebiller

Reseller

Page 17: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Key differences between the categories

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‘Skinny’ or ‘Light’ MVNO

Does not own any spectrum or RAN

infrastructure.

Does not own any core network elements.

Does not issue its own SIMs, but rebrands those of the MNO.

Responsible for its own billing and customer

care.

‘Hybrid’, ‘Thin’ or ‘Medium’ MVNO

Does not own any spectrum or RAN

infrastructure.

Owns part of the core network for value-added services.

Does not issue its own SIMs, but rebrands those of the MNO.

Responsible for its own billing and customer

care.

‘Thick’, ‘Full’ or ‘Heavy’ MVNO

Does not own any spectrum or RAN

infrastructure.

Has its own core network infrastructure.

Has its own IMSI and network code.

Issues own SIMs and is responsible for billing and customer care.

Page 18: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Network elements in a 3G MVNO

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Page 19: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Interconnection in a 3G MVNO

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• Where the MVNO has its own network code, it has the ability to receive inbound calls at its gateway mobile switching centre.

• In this manner, a heavy MVNO can act as if it is a mobile network operator and negotiate interconnection arrangements separate from the MNO.

• However, an MNO may have concerns that the MVNO may undercut the mobile termination rates offered by the MNO and transit calls.

Page 20: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Regulatory:

• Rebillers, resellers and MVNOs tend not to

be subject to significant regulation.

• Mandated resale of mobile services is also

less common, given existence of significant

mobile competition in many jurisdictions.

• Accordingly, there is a heavy emphasis on

commercially negotiated arrangements.

Regulators less inclined to intervene.

• However, still scope for regulatory

involvement to resolve issues with:

• network access and interconnection;

• wholesale pricing (eg price squeezes);

• discrimination (price and non-price).

Key commercial and regulatory issues

Commercial:

• Rebill and resale arrangements are

generally straightforward. The wholesale

customer may acquire the retail service, less

a wholesale volume discount.

• MVNO arrangements tend to be customised

and non-standard hence are more

document-intensive and heavily negotiated.

• MVNO arrangements may raise complex

interconnect issues, such as whether mobile

call termination charges are appropriate,

and arrangements for MVNO interconnect

with third party operators. May involve

charges for transiting of calls, SMS, MMS.

• MVNOs offer heavily differentiated services.

Page 21: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

Regulatory stance towards MVNOs

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• A regulatory regime friendly to MVNOs is important, given that MVNOs are dependent on the MNO and potentially at risk of discrimination.

• Generally, nations that permit MVNOs have more competitive mobile markets. However, the extent of price competition associated with MVNOs will depend on the terms and conditions on which the MVNOs get access to the mobile networks of the MNOs.

Regulatory stance Example jurisdictions

Require MNOs to share with MVNOs Hong Kong, Norway

Regulatory measures facilitate MVNOs Belgium, France, Denmark, UK

Regime indifferent to MVNOs Australia, Canada, Japan, Portugal

Discourage MVNOs Argentina, Bolivia

Prohibit MVNOs Italy, Greece

Page 22: M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014

China’s new MVNO policy

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• Over the past 15 years, China has built an extensive mobile infrastructure that now supports the largest mobile subscriber base of any country in the world.

• In order to promote Chinese technology, the PRC Government required each of the three operators to use different 3G standards and technologies.

• Following concerns with insufficient competition in PRC telecoms and a stagnation of investment and innovation, the PRC Government has been taking steps to open up the sector, but in a limited manner.

• China is adopting an MVNO programme in which market entrants are permitted to acquire wholesale minutes from existing mobile operators and resell them at retail.

• China is expected to announce which companies have been selected as the MVNOs by the end of this year.

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Disclaimer: Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South Afr ica (incorporated as Deneys Reitz Inc) and Fulbright & Jaworski L.L.P., each of which is a separate legal entity, are members (“the Norton Rose Fulbright members”) of Norton Rose Fulbright Verein, a Swiss Verein. Norton Rose Fulbright Verein helps coordinate the activities of the Norton Rose Fulbright members but does not itself provide legal services to clients. References to “Norton Rose Fulbright”, “the law firm”, and “legal practice” are to one or more of the Norton Rose Fulbright members or to one of their respective affiliates (together “Norton Rose Fulbright entity/entities”). No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any Norton Rose Fulbright entity (whether or not such individual is described as a “partner”) accepts or assumes responsibility, or has any liability, to any person in respect of this presentation. Any reference to a partner or director is to a member, employee or consultant with equivalent standing and qualifications of the relevant Norton Rose Fulbright entity. The purpose of this presentation is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of any Norton Rose Fulbright entity on the points of law discussed. You must take specific legal advice on any particular matter which concerns you. If you require any advice or further information, please speak to your usual contact at Norton Rose Fulbright.

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