Germany pushes back against US Huawei threats

It tried scaring her, to convince her with niceties, the diplomatic approach and finally threats, but the US cannot seem to break the will of German Chancellor Angela Merkel over Huawei.

Speaking at the Global Solutions Summit this week, Merkel has continued to defy the desires and demands of the US over China and its telco champion Huawei. Germany is not only standing resolute against the political propaganda, but this message seems to be more of a push back against the White House.

“There are two things I don’t believe in,” Merkel said during the interview. “First, to discuss these very sensitive security questions publicly, and second, to exclude a company simply because it’s from a certain country.”

This has been the on-going message from Germany and it seems the US threat of intelligence exclusion has landed on deaf ears. Germany wants proof of nefarious activities, and it will not make a knee-jerk reaction to punish a company (or a country for that matter) when the drivers are political and economic.

While there is of course a threat of espionage from the Chinese Government, this on-going narrative is one chapter in the wider US/China trade saga. Threats should of course be assessed and mitigated in a reasonable fashion, but you must consider all branches of the storyline. And Germany isn’t buying into US chest beating.

In terms of what has actually been said, there are five key takeaways:

  • Sensitive security issues should not be discussed on the public stage
  • Punishing a single company is not the right way to ensure security
  • Targeting China due to its economic success is unfair
  • Security requirements should be across the ecosystem to mitigate risk
  • The same security requirements should be escalated to a European level

Each of these points made by Merkel this week, and various German government agencies for months, are completely fair, reasonable and pragmatic. But fair, reasonable and pragmatic does not help the US.

Why is Germany resisting?

The simple answer is that it doesn’t make sense to ban Huawei.

Firstly, from a competition perspective the telco industry is not flush with vendors, especially ones which can offer the same scale as Huawei. Removing Huawei, and Chinese vendors across the board, reduces the number of vendors available for telcos to choose from. This weakens the negotiating position of the telcos and, theoretically, slows down the deployment march.

Secondly, a Huawei ban would impact some European nations more than others and Germany is one of them. Huawei has deep relationships with German operators, with equipment embedded into 4G networks. Banning Huawei would potentially result in kit having to be ripped and replaced, slowing down progress, while backward compatibility becomes more difficult also, again, slowing down progress.

With the world increasingly being defined by wireless, Europe’s largest economy cannot afford to slip too far behind in the 5G race. According to data from Opensignal, Germany has been falling behind numerous European nations when it comes to average 4G speeds.

While it might not have a massive impact on what we associate with connectivity today, primarily consumer smartphone applications and entertainment, with 5G promising a revolution in the way connectivity influences enterprise and the economy, this could become much more of an issue in Germany.

In short, Germany cannot afford to stomach the consequences of banning Huawei.

The turning tide of momentum

The anti-China rhetoric from the US has been consistent and loud over the last couple of months, though it does not seem to be gathering the same support as during the initial propaganda assault.

After Australia, Taiwan, South Korea, Japan and New Zealand seemingly turned against Huawei and China, the ear-whispering has not been as successful in Europe. The European continent has been a successful arena for Huawei in recent years, and such is the dependence of telco infrastructure on the vendor, it is unsurprising these nations are resisting the call to ban Huawei.

While individual states have been pushing back against US ambitions, this leaves the governments in slightly precarious positions. Such is the power and influence of the US economy, individually European nations will be in a frustrating negotiating position when defying US requests. However, escalating to a European level changes the dynamics.

This is perhaps why Merkel is keen to escalate this discussion to European Commission level. The power of the collective against US ambitions is an excellent way to mitigate risk on an individual level. Sovereign nation states often begrudgingly hand over power to the Brussels bureaucrats, but in this instance, it might prove to be a very pragmatic idea.

The European Commission was reportedly looking into new rules which would effectively ban member states from purchasing equipment from Chinese companies (although China would not be mentioned specifically), but we can’t see this carrying through. Brussels would face a huge amount of backlash when seemingly contradicting the wishes of the majority of its member states.

That said, should the US be able to produce concreate evidence of Chinese espionage and collusion with Huawei, attitudes could shift incredibly quickly.

What does this mean for Huawei?

This is neither good or bad; it’s pretty much maintaining the status quo.

Being banned in the US won’t really impact the prospects of the business, it never really cracked this market, while it will continue to maintain its healthy position in Asia. Europe is a key battle ground though.

Europe is in a difficult position. It needs to tread carefully to ensure it can still use equipment from the vendor. European governments will not want to ban Huawei and this continued resistance is a good sign for Huawei. Germany and the UK, two influential voices across the bloc, are both preparing frameworks to allow Huawei’s business to continue, and should such ambitions be escalated to the European Commission, these trends would likely continue.

Due to on-going security concerns, some of which are not fairy tales despite a lack of evidence, and telcos desires to introduce more diversity in the supply chain, Huawei is unlikely to dominate the 5G world in the same way it did 4G. This is far from a secured position, politics has a way of U-turning occasionally, but the anti-Huawei brigade is starting to run out of puff.

UK and Germany are a bit rubbish at mobile – Opensignal

A new study from mobile analytics company Opensignal notes the UK and Germany are falling behind in terms of mobile performance.

It took a look at the two operator groups that have networks in both countries and found they all deliver relatively low mobile broadband speeds in those two countries. As you can see in the charts below, Telefónica does a fair bit worse in the UK and Germany than in Spain, but maybe that’s to be expected since it’s a Spanish company. However the trend continues with Vodafone, for which the UK and Germany are two of its worst performers.

opensignal telefonica

opensignal vodafone

“So what’s the reason for these relatively poor mobile broadband speeds in Germany and the U.K.?” said Opensignal Analyst Peter Boyland. “It certainly isn’t market maturity or competition, as both countries have had mobile networks for decades and levels of competition, numbers of operators, etc. are comparable with their neighbours.

“Topographically, both countries have challenges in terms of size and population density, but no more than, say, Italy or Spain. It would be easy to blame poor performance on underinvestment in network infrastructure, but the reality is a combination of many factors including regulation, availability of spectrum, and mergers and acquisitions among network operators.

“The fact remains that Germany and the U.K. are punching well under their weight in terms of mobile network speeds. Both countries are on the verge of 5G launches, but it is likely to be some years before the benefits of these new networks are felt by most mobile users. And there is growing discontent among the business community in Germany, with claims that poor broadband speeds are hindering economic growth. Germany and the U.K. may not be able to wait for the 5G opportunity, as their operators urgently need to make improvements in their mobile network experience today.”

Something’s certainly going on when two major operator groups can only manage around half the performance in the UK and Germany as they can in their leading markets. As Boyland said this situation will be the product of a number of factors, but our gut-feel is that regulation and spectrum availability are probably the most significant of them.

US reportedly pressures Germany over Huawei

After diplomacy failed to convince those pesky Europeans Huawei should be banned, the US has reportedly moved onto the tried and tested tactic for getting its way; being a bully.

It was never going to be long before the blunt hammer of political persuasion came out, and according to the Wall Street Journal, the White House is huffing, puffing and about to start swinging. The German Government has reportedly been told to ditch Huawei kit or it will be barred from accessing US intelligence databases.

Should the reports prove to be true, this would be the first time the US has threatened allies with direct consequences for ignoring the anti-China propaganda. That said, it should come as little surprise. The US is a political power not used to being told no, especially with the narcissistic President Trump acting as puppet master. Being nice can only get you so far, and the White House has seemingly had enough of those pesky Europeans making their own decisions.

While Huawei remains a company under scrutiny, the European nations has so far resisted any knee-jerk reactions. It has been rumoured Germany was preparing new security requirements which would protect itself and its citizens, but also allow Huawei to continue operating in the country, and last week was confirmation. The release of a draft bill, outlining the new security requirements laid out the German position; Huawei looked safe in Germany.

Germany is of course a large economy and a key trading partner of the US, though it is also a heavyweight amongst political featherweights in the European Union. In drafting these new security requirements, other countries across the bloc might follow suit, such is the influence of Berlin. Perhaps this is a situation which the dented-ego of the US would not allow, especially considering its lobby efforts have largely been ignored across the European continent.

With Europeans taking a more proportionate response to the threat of foreign actors, the US will of course not be happy. The bully of yesteryear is beating its chest, and collateral damage from the US/China trade war could be about to get much wider.

Germany outlines its 5G security requirements

Short and to the point, did we expect anything from the German 5G security requirements other than meet our standards and you can operate in our country?

“We regularly adapt the applicable security requirements to the current security situation and the state of the art,” said Jochen Homann, President of Bundesnetzagentur. “The security requirements apply to all network operators and service providers and they are technology-neutral, covering all networks, not just individual standards such as 5G.”

What is worth noting is that while 5G and international security concerns might be the catalyst to these requirements, they will be applied across all networks and communications infrastructure moving forward, as well as all vendors.

The announcement from Bundesnetzagentur, the German regulator, will come as a blow to the aggressive geo-political ambitions of the US. It seems the anti-Huawei propaganda is running low on fuel, and such is the weight of Germany’s influence across Europe, Chinese executives might be letting out a sigh of relief.

Although the new safety requirements are only a concept for the moment, Bundesnetzagentur plans to release a draft of the rules for feedback over the next couple of weeks.

The requirements are quite broad-ranging, though there are enough clauses to ensure Germany is the master of its own fate. For example, critical components can only be used in communications infrastructure should there be certification recognized by the Federal Office for Information Security (BSI). Employees who install or manage this equipment will also have to be certified by German authorities.

There does also seem to be a move towards the UK’s approach to monitoring and managing risk. As part of the new requirements, network traffic must be regularly and continuously monitored for abnormalities, while safety-relevant network and system components must undergo regular and continuous safety checks. This is a more forensic approach to network management, which allows for companies like Huawei to operate in the country, but the risk is managed.

Another interesting aspect to be included in the new rules addresses ‘monocultures’. Although this is a term which is usually used in agriculture, Bundesnetzagentur is essentially ensuring there is depth in the supply chain. Redundancy must be built into the networks through using multiple vendors for different segments and aspects of operations.

While this might create more work for telcos, vendors and regulators, we feel this is a more proportionate response to the risk of nefarious external parties. Simply banning one company, or companies from a single country, will not work, such are the complexities of the digital ecosystem. Vulnerabilities are everywhere, and the most pragmatic approach should be to understand 100% secure will never exist. Its all about managing the risk most appropriately, and Germany seem to be taking a very sensible approach.

In the UK, the industry is eagerly awaiting the results of the Government’s supply chain review, which will potentially dictate how telcos interact with the vendor ecosystem. Rumours have emerged suggesting no single-vendor can own more than 50% of a certain area, but we hope the result is somewhat similar to the German approach here. This seems to be the attitude of Vodafone also.

Speaking at a briefing in London, Vodafone UK CTO Scott Petty highlighted the team has been working with the National Cyber Security Centre (NCSC) to identify the levels of risk associated with each segment of the network (Radio, Transmission, Core), and building a diverse supply chain to mitigate risk where appropriate.

This approach has led to Chinese companies being excluded from certain areas, though on the radio side where right has been deemed to be very low, Huawei supplies 32% of equipment. This approach allows best-in-breed kit to be considered but considering the sheer volume of cell towers around the UK, even if some equipment is compromised, the impact would be incredibly minor. Resilience has been built in through volume, data encryption and security gateways.

Interestingly enough, Germany is taking another very sensible approach to managing risk; the assumption that everyone is nefarious. All components and equipment will have to be certified, not just those products from countries which are deemed underhanded by paranoid opinion. Every vendor’s supply chain is becoming increasingly complex, suggesting vulnerabilities could appear anywhere. This impartial approach to suspicion will certainly place Germany is a sound position.

A considered approach to security

While certain countries have taken a knee-jerk reaction to security requirements, pinning the blame of an insecure digital ecosystem on one country or a very limited number of countries, Germany is taking a much more considered approach.

Having such a laser-like focus on security, scrutinising single elements of the ecosystem is incredibly dangerous. Cyber-criminals are incredibly intelligent, managing sophisticated networks through the dark web. If the risk of exposure becomes too high through a single route, another will be sought. Taking a blanked approach to security as Germany is doing minimises risk throughout the supply chain.

We suspect the Chinese government is not completely innocent in light of all the accusations, but we also believe they are not alone. Many of the fingers are being pointed in one direction, but Germany is not falling into that trap.

Europe sailing towards conflict over China 5G

Germany is drafting rules to allow Chinese companies to participate in the 5G bonanza, while the European Commission is thinking of banning them. Something’s got to give.

In terms of collective political influence and economic power, the European Union could consider itself more or less on par with the US and China. Considering the Union represents the societal, political and economic interests of 28 nations, more than 500 million people and roughly $23 trillion in GDP, it is certainly a powerful concept. But the China issue is just one example of how its neatly stitched patchwork could unravel very quickly.

China is a very tricky equation to balance right now. On side, you have an incredibly powerful economy, a massive and increasingly wealthy population and technological advancements which could benefit almost every society. However, to access these riches you have to deal with a government which ideologically conflicts with a lot of what Europe stands for.

But this is where a potentially significant conflict lies. The European Commission is reportedly looking at how it could create a de facto ban for Chinese technology and kit in communications infrastructure, conflicting with some of its member states positions. The Commission is supposed to represent the interests of all its member states, creating a common framework which sits above national policies, but if these policies are a contradiction of opinions of some member states the perfect storm could be brewing on the horizon.

Germany is not talking the anti-China rhetoric

The most recent reports echoing out of Berlin will not have the US government jumping for joy. Local newspaper Handelsblatt is suggesting the German government is doing everything it can to write security protections into new regulation, however, the rules will be written in a manner which will not exclude Chinese companies.

The reports have not been confirmed by any official government spokespeople as of yet, though this does follow on from the Federal Office for Information Security (BSI) made in December.

“For such serious decisions like a ban, you need proof,” said Arne Schoenbohm, President of BSI.

The US will not be happy about developments here, a delegation is currently undertaking a European lobby tour to turn officials against China, though neither will the European Commission. There are several instances which indicate the European Commission is taking a similar stance against China, suggesting a bloc-wide ban could be on the cards before too long.

Aside from recent reports the European Commission is rewriting cybersecurity rules to effectively ban Chinese companies from providing technology for communications infrastructure, one of its Commissioners has also fuelled the anti-China rhetoric.

“I think we have to be worried about these companies,” Commissioner for Digital Single Market Andrus Ansip told reporters in December. Ansip was referring to companies such as Huawei and ZTE, while this statement implies the Commission believes there are strong ties between multi-national corporations and the Chinese government.

The United States of Europe argument emerging again?

With Germany seemingly working to ensure collaboration with Chinese companies remains possible, the UK creating monitoring mechanisms to enable Huawei’s work and Italy denying reports it is considering its own ban, the European Commission appears to be working in direct contradiction to some of its largest member states.

To be fair, the role of the European Commission is to serve all the states not just the big ones, but the point of the bureaucracy is to create a common framework which all agree on, not rules which are forced onto member states. Cynics of the Commission and Union in general will suggest this is perhaps more evidence of Juncker and co. attempting to create a United States of Europe, where the desires of the member states are secondary to that of the ruling party.

Although many of these conspiracy theories are generally relegated to the comment boards of the Daily Mail, the Commission might well be heading towards a monumental conflict. Any rules which are written at European Commission level would potentially render national regulations redundant, a scenario those member states would not be happy with.

Considering the shoddy state of affairs Brexit has been creating, perhaps the European Commission should attempt to create an image of co-operation and collaboration. Antagonising leading member states is not a sensible idea, while a ‘state v. Europe’ conflict over security is not something which will reflect favourably on the agency.

Is politics anything more than arguing with shiny teeth?

Caught on the fringes of this conflict and the constant political seesawing are the telcos. Governments often tell the telco industry they are there to help and enable innovation, but it seems most of the time politicians are nothing but a hindrance attempting to score PR points by pandering to buzzwords and public opinion.

With governments aiming to ban Huawei and ZTE from connectivity plans, several telcos have stepped into the fray to give their own opinion. The message seems to be relatively consistent; heighten security requirements if you must but banning a vendor in an incredibly top-heavy market will not be a good idea.

“Clearly, if there were a complete ban at radio level, then it would be a huge issue for us, but it would be a huge issue for the whole European telco sector,” Vodafone CEO Nick Read said during the latest earnings call. “Huawei probably has 35% of the market share through the whole of Europe.”

Deutsche Telekom is another who foresees any Huawei ban being nothing but problematic. The German telco has previously stated a ban on Huawei would set its 5G ambitions back two years. Several telcos are considering scaling back work with Huawei, but this is perhaps directed more towards the uncertain political climate than any outright worry regarding the security credentials of Huawei equipment.

European telcos are not dependent on Huawei equipment to function effectively, but they are somewhat reliant on it. There aren’t enough suppliers, or good-enough suppliers, to strike Huawei out of the mix. US telcos are not having to deal with this headache as their operations adapted to a lack of Huawei and ZTE years ago, Europe is struggling with the political seesawing and story of uncertainty. Any business leader will tell you, a consolidated, cohesive and concrete regulatory landscape is critical for success.

Huawei stuck between a rock and a hard place

Huawei is a company which now has no control over its own fate.

With the US parading around political offices spreading its anti-China message without the burden of evidence, Huawei can’t do anything. Numerous governments are asking the vendor to prove its security credentials, but this will mean little is there is still suspicion. The case against Huawei is not based on evidence, but one which is based on a political and economic power struggle.

With a lack of evidence to substantiate any accusations against the firm, Huawei is being asked to do something which has been accepted as almost impossible; prove a negative. All of the questions and queries being directed at the firm have a single aim, to demonstrate there are no ties between the organization and the Chinese government, as well as its intelligence agencies.

It’s an almost impossible task, especially when you take into account the powerful influence of the US and the fact most of these decisions are being made on hearsay, circumstantial evidence and emotion. Whatever Huawei says, however much evidence is put on the table, we suspect opinions have already been made.

An issue of consistency and contradiction

In a single signature, the European Commission could throw the bloc into disarray. If the rumours evolve into reality, the European Commission could impose its own rules, contradicting the hopes and ambitions of some member states. Such a scenario would question how much control the member states have over their own society, undermining the concept of sovereignty.

Any fundamental changes would certainly have to be greenlit by all member states, but the European approach to China on the whole, and Huawei specifically, has not been entirely consistent. One question which might be worth considering is whether the European Commission is overstepping its remit.

We are almost certain Germany will not be happy being told to ban Huawei considering it seemingly wants to ensure Chinese participation in the upcoming 5G bonanza. Conflict is on the horizon, potentially pitting the European Commission against the biggest financial contributor to the bloc.

Is telecom losing Europe’s next generation employees?

Telecoms companies did not feature in the top employers’ lists chosen by the current and potential young employees in a recent multi-country survey.

The Swedish consulting firm Academic Work recently published the results of a survey on current and future young employees in six European countries, which asked the respondents to choose their most “aspired” employer, hence the title of the survey “Young Professional Aspiration Index (YPAI) 2018”. Among the three Nordic countries where it broke down the details of the employers the young people most like to work for, Google came on top in all of them (it tied with Reaktor in Finland, the consulting firm behind the country’s big AI drive). None of the telecom companies, be it telcos or telecom equipment makers, made to the top-10’s.

 YPAI 2018

The survey was done in the four Nordic countries (Sweden, Finland, Norway, Denmark) plus Germany and Switzerland. Nearly 19,000 young people, a mixture of students (22%), current employed (59%), as well as job seekers (15%) answered the survey. The majority of the respondents came out of Sweden, while just under 1,000 respondents were registered from Finland and Norway. Presumably the sample sizes were not big enough in the other three countries to break down the top-10 company lists.

YPAI 2018 respondents

In addition to asking the respondents to name their preferred employers, the survey also asked them about their most important criteria when choosing a place to work. “Good working environment and nice colleagues” came on top in four out of the six countries (chosen by 60% of the respondents in Sweden, 78% in Denmark, 73% in Germany, and 66% in Switzerland). It tied with “Leadership” in Sweden. In Finland coming on top was “varied and challenging tasks”, chosen by 60% of those who answered the survey, while in Norway 64% of the young people surveyed chose “training / development opportunities” as the most important criterion.

Once upon a time (i.e. around the turn of the century), telecom was THE industry to work in. It has been losing some of its old lustre to the internet giants. If they “aspire” to re-take the top spot of the young people’s mind share, the Ericssons and Nokias and Telenors of the world may want to refer to these criteria when promoting their corporate image, as a starting point.

Germany has a swing at Facebook advertising platform

German regulator Bundeskartellamt has made a fresh attempt to curb the powers of the internet giants, this time targeting the data processing capabilities of Facebook.

The case built by Bundeskartellamt is based on what it has deemed market abuses by the dominant social media player in Germany. With Google+ shutting down, the regulator believes Facebook has a dominant position in the market, though it has not effectively informed users about the process of combing third-party data sets with information taken from the core Facebook platform to improve the detail of user profiles for advertising purposes.

This has been deemed inappropriate and Facebook has been ordered to shut down the process. This is not the first time this practise has been criticised by the regulator, but this is the first concrete ruling to for Facebook to desist.

“With regard to Facebook’s future data processing policy, we are carrying out what can be seen as an internal divestiture of Facebook’s data,” said Andreas Mundt, President of the Bundeskartellamt. “In future, Facebook will no longer be allowed to force its users to agree to the practically unrestricted collection and assigning of non-Facebook data to their Facebook user accounts.

“In future, consumers can prevent Facebook from unrestrictedly collecting and using their data. The previous practice of combining all data in a Facebook user account, practically without any restriction, will now be subject to the voluntary consent given by the users. If users do not consent, Facebook may not exclude them from its services and must refrain from collecting and merging data from different sources.”

Facebook has already stated it will appeal the decision with the Düsseldorf Higher Regional Court, though this should come as little surprise considering the attack on the foundations of the social media giants business model. The reason companies like Facebook and Google have been so successful in the early days of the data-sharing economy is because of the accuracy of advertising. This ruling could have a notable impact.

Not only does Facebook collect information about you from its core platform, but by supplementing this picture with more detail from third-party sources, a hyper-targeted advertising platform can be created. It’s seemingly one of the reasons advertisers have stuck by Facebook despite numerous scandals over the last couple of years; there are very few other platforms or businesses which can offer advertising services on par.

Although it is now common knowledge platforms such as Facebook sell ‘you’ to advertisers to fuel the spreadsheets, Bundeskartellamt believes the firm should obtain consent from the user should it want to use additional information to create a more detailed user profile. This data could be taken from sister platforms such as Instagram or WhatsApp, or third-party websites and applications which have ‘like’ or ‘share’ buttons embedded.

“By combining data from its own website, company-owned services and the analysis of third-party websites, Facebook obtains very detailed profiles of its users and knows what they are doing online,” said Mundt.

The practise becomes a bit more nefarious however. Even if there is no Facebook symbols or embedded buttons on the page or application a user is viewing, data might still be flowing back to the social media giant. This is not what anyone would consider transparent and should be addressed in all markets, not just Germany.

Overall, the Bundeskartellamt believes Facebook is abusing its dominant market position to the detriment of the other side of the equation, the user. While this will be escalated to higher courts, should the regulator win favour from the judges Facebook would have to obtain consent from every single one of its 32 million German users. It certainly will be able to obtain consent from many, but it would be a dent to the increasing under-fire advertising machine.

This is of course not the first time Germany has taken a run up at the internet giants. Germany has consistently been one of the leading nations attempting to tackle the power and influence of the internet players, creating a more tightknit regulatory framework which you would naturally expect in business. However, the social giants and their slippery lawyers are doing their best to resist.

Back in 2016, Facebook was told to stop collecting WhatsApp data from users and delete all the information it has already collected, due to the fact proper consent had not been obtained. It has also been investigating whether the Google+ data breach during the latter months of 2018 violates GDPR. Germany has also been one of the leading voices in the prolonged battle to ensure the internet giants pay fair and reasonable taxes across the European bloc.

What we are seeing in this case is another example of a regulator cracking down on the freedoms granted to Silicon Valley. For years, the internet players have been sliding between rules designed to parallel industries, exposing the grey and unregulated areas, as rule makers consistently struggle to keep pace with technological progress. There are numerous governments attempting to create more accountability, though it has been an uphill struggle so far.

The next couple of months will certainly be an interesting period in Germany. With judges considering the Facebook appeal, a win for the Bundeskartellamt could at as a springboard to wrap up the OTTs in more red-tape. We hope there is enough wiggle room left to innovate, but the last two years of scandals have shown the dire need to more strictly regulate Silicon Valley.

Germany’s 5G auction has not got off to a flying start

Telefónica Deutschland has filed an urgent appeal against the country’s 5G auction terms. Deutsche Telekom may follow suit.

Telefónica Deutschland was seeking to halt the country’s 5G auction by filing an appeal for injunction at an administrative court in Cologne on Tuesday 5 February. Germany was scheduled to hold the 5G auction by the end of March and was expecting to raise up to €5 billion. The key items on the terms issued by the Federal Network Agency being contested are concerning the coverage requirements, especially the coverage in rural areas and along motorways, and the mandated network sharing with competitors (the so-called domestic roaming).

Telefónica Deutschland argued that the coverage obligations could not be fulfilled with the spectrum at auction, while the frequency in its possession is already being used by other expansion requirements.

“This legal uncertainty is extremely unhelpful for the necessary massive investments in future network expansion. Billions in 5G cannot be invested on the basis of unclear rules. It must be in the interest of all involved that clarity and planning security are created here before an auction,” said Markus Haas, CEO of Telefónica Deutschland.

Telefónica was also unhappy that politicians should demand network sharing between competitors. “We have already invested €20 billion in infrastructure in Germany. We have always said that we will continue to invest if the conditions are right,” Haas told the German publication Handelsblatt late last year. However, as a condition to approve its merger with E-Plus in 2014, EU regulators already required Telefónica to make 30 percent of its capacity available to MVNOs, in this case 1&1 Drillisch.

Meanwhile Telefónica insisted that even if there would be a delay in the auction, “this would not have any influence on a large-scale launch of 5G in Germany. This is because the spectrum available for auction for this purpose will not be allocated to the successful participants until the end of 2020 anyway,” the company said in a statement.

Deutsche Telekom may also consider its position differently now. It first told Handelsblatt “we have not yet made an urgent request, to avoid delaying the auction schedule.” But in light of the new appeal from Telefónica, “we are therefore examining all legal options,” the spokesperson added.

It is not the first time the telcos have resorted to legal measures. By the end of December, Deutsche Telekom, Vodafone, Telefónica, as well as the challengers United Internet and Freenet had all filed lawsuits against the government’s rules over the upcoming auction, but none was successful in halting the process.

Deutsche Telekom, Vodafone, Telefónica, and United Internet (trading as “1&1 Drillisch”) filed applications before the deadline of 25 January to participate in the upcoming 5G auction.

Apple draws level with Qualcomm after Germany win

A German court has dismissed Qualcomm’s efforts to block iPhone sales in the country as ‘groundless’ as Apple hit back in the on-going global patent dispute.

According to Reuters, the regional court in the city of Mannheim threw out the case stating the patent in question was not violated by Apple’s installation of Qualcomm chips in its smartphones. Qualcomm has already said it will appeal the decision, as the pair trade blows in various courts throughout across the world.

This case focuses on the use of Intel-chips in certain Apple devices, with Qualcomm suggesting one of its patents had been infringed. The patent in question relates to power management.

Back in September, Qualcomm effectively accused Apple of corporate espionage, questioning how the gulf in performance when measuring its own chips against Intel’s could have been bridged so quickly. However, this argument clearly wasn’t enough to convince the Mannheim judge of wrong-doing.

Having already secured an order to block the sale of certain iPhones through a ruling in Munich, as well as a similar decision in China, Apple needed a win to halt the Qualcomm momentum. The pair have been trading blows over patents and royalties for years now, though the on-going case in the US could prove to be the most significant battle of the dispute.

The chipmaker is currently facing a FTC antitrust investigation, which has escalated to trial, currently being heard in the US District Court in San Jose, California. As you can imagine, Apple, Intel and various others have been playing the part of very proactive cheerleaders, urging on the FTC from the side-lines.

This trial has now concluded for the sixth day, with the FTC calling various witnesses from tech companies such as Apple, Samsung and Ericsson, as well as IP experts from consultancies and universities. The aim is to prove Qualcomm is effectively a monopoly, abusing this prominent position through excessive royalty payments and unreasonable licensing agreements for years.

With the FTC now taking a seat, the next couple of days will see the Qualcomm lawyers preach their case. Here, the team will aim to prove the royalty payments are justified, such is leadership position Qualcomm has worked up in the segment, and the licensing arrangement is the most beneficial and simplistic way to do business. The Qualcomm lawyers are certainly well practised in the art of arguing against antitrust accusations, so it will be interesting to see which way this trial heads.

While the win in Germany is certainly a positive for Apple, which has been on the losing side of a few of the recent skirmishes, the FTC trial is the big one for both parties.

German regulator effectively confirms IBM/T-Systems talks

As it does from time-to-time, German regulator Bundeskartellamt has published a list of mergers and acquisitions which is evaluating. IBM and T-Systems are lucky enough to make the list.

Reports of the discussions emerged over the weekend, with IBM rumoured to be considering taking the mainframe service business unit off the hands of the struggling T-Systems. Although the specifics of the deal are not completely clear right now, it would hardly be a surprise to learn T-Systems is attempting to slim the business down.

On the Bundeskartellamt website, there is a page which lists some of the main transactions which the regulator is considering in its role as merger overseer. These are mainly deals which are in the ‘first phase’ and usually passed unless there are any competition concerns. Although the description is not detailed, it lists IBM will be acquiring certain assets from T-Systems.

The news was initially broken by German-language newspaper Handelsblatt, quoting an internal email which suggested 400 employees would be transferred to the IBM business in May. Subsequently IT-Zoom has suggested IBM will be paying €860 million for the business unit.

The origins of such a deal can only lead back to one place; the office of T-Systems CEO Adel Al-Saleh. Al-Saleh was initially brought to the firm, having previously worked at IBM for almost two decades, to trim costs and salvage a business unit which, recently, has been nothing but bad news for parent company Deutsche Telekom. Aside from this saga, job cuts of roughly 10,000 have been announced since Al-Saleh’s appointment.

Confirmed back in June, the 10,000 job cuts were a result of a long-time losing battle to the more agile and innovative players such as AWS and Microsoft. Al-Saleh’s objective was to trim the fat, focusing on the more lucrative contracts, as well as more profitable, emerging segments of the IT and telco world.

While T-Systems and IBM do already have an established relationship, it seems options are running thin to make this business work effectively. With headcount going down from 37,000 to 27,000, its footprint dropping from 100 cities to 10 and this deal working through the cogs as we speak, Deutsche Telekom employees will hope this is the last of the bad news. Whether Al-Saleh feels this is enough restructuring to make the business work remains to be seen.