To: laodeng who wrote (8371 ) 3/10/2001 2:43:22 PM From: A.L. Reagan Respond to of 196499 Laodeng, your post and excellent translation have me veering towards cheerleading status again <g>. Thank you very much for sharing news which no major WS analyst (that I know of) has yet picked up on. My only concern is that since QCOM has typically entered into "most favored nation" royalty agreements with the major licensees, existing licensees may be entitled to a rate reduction based on the lower rates to Chinese manufacturers. HOWEVER, this is mitigated by two factors: (a) the lower rates only apply to IS-95A; and (b) the territory is apparently limited to mainland China. The article you translated stated The license fee for Chinese manufactures are: System equipment will be charged at about 2% on the net sale price, handsets will be charged at about 3.5%. The license fees charged on foreign firms is about 6% or higher. However, the lower license fees are only allowed for Chinese firms to sell CDMA equipment inside China. If any firms sells products to other regions, they must re-negotiate new license agreements. I do not believe that QCOM will be able to charge foreign firms a higher rate on ID-95A handset sales in China due to the following "typical" royalty agreement language: if QUALCOMM grants a license to a third party to manufacture and sell Licensed Products at a royalty rate less than the royalty payable by LICENSEE to QUALCOMM, and, which license will permit such third party to manufacture and sell Licensed Products for use within the scope of the license granted in this Agreement, QUALCOMM shall (i)promptly notify LICENSEE of such license, and (ii)extend to LICENSEE the lower royalty rates applicable for the territory granted in the noticed license and, at QUALCOMM's election, any or all other terms and conditions granted (whether more or less favorable than the other terms and conditions granted under this Agreement) with respect to the third party license effective as of the date on which they became effective in the third party license. So, I am wondering if there is a potential political problem down the road if (i) the Chinese manufacturers think they are getting a special deal for their domestic market that awards a cost advantage against "foreign" firms; but (ii) down the road the Samsungs and Nokias who want to sell IS-95A phones in China end up getting the same rate. Possibly QCOM has figured out a way to overcome the issues in existing royalty agreements, but if I'm Samsung, and read laodeng's article, Monday morning I'm demanding the 3.5% (versus 5.5%) on IS-95A handsets sold into China. Now, it may be that there are very few licensees with a territorial addendum permitting h.s. sales to China. Dunno. Anybody know the main h.s. supplier(s) to the old Great Wall system? Was it MOT, which already had a lower rate on IS-95A? And then there is the entire policeman issue of tracking where handsets are ultimately sold in order to calculate royalties at different rates for different territories. While I'd venture a guess that QCOM does have the bases reasonably well-covered, I can see how the FUDsters could make some hay out of this situation.