RE: [council] FW: Draft Motions on Vertical Integration

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

Please note that this motion will require a second before we can act on it.
 
Chuck


________________________________

        From: owner-council@xxxxxxxxxxxxxx 
[mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Mike Rodenbaugh
        Sent: Wednesday, January 20, 2010 7:52 PM
        To: 'GNSO Council List'
        Subject: RE: [council] FW: Draft Motions on Vertical Integration
        
        

        I make the following motion, as drafted with many thanks by Margie, and 
forwarded to the Council list yesterday.  I will (and others likely will) have 
some further comments and thoughts on this approach for the Council in the 
coming days, and I am open to any friendly amendments.  For now I just want to 
make the motion by today's deadline.  Thanks.

         

        MOTION TO COMMENCE A PDP:

         

        Whereas, on 24 September 2009, the GNSO Council requested ICANN Staff 
to prepare an Issues Report on the topic of vertical integration between 
registries and registrars;

        Whereas, on 11 December 2009, the Issues Report on Vertical Integration 
between Registries and Registrars was delivered to the GNSO Council;

        Whereas, the Issues Report includes recommendations that the GNSO 
Council delay the initiation of a PDP for a period of 1-2 years;

        Whereas, notwithstanding the recommendations in the Issue Report, the 
GNSO Council has decided to initiate a PDP on Vertical Integration between 
Registries and Registrars;

        Whereas, the GNSO council has decided against initiating a Task force 
as defined in the ICANN Bylaws;

        Now therefore, be it:

        RESOLVED, that the GNSO Council has reviewed the recommendations 
contained in the Issues Report, and nonetheless approves the initiation of a 
PDP on the topic of Vertical Integration between Registries and Registrars;

        FURTHER RESOLVED, that the PDP shall evaluate which policy 
recommendations, if any,  should be developed on the topic of vertical 
integration between registrars and registries affecting both new gTLDs and 
existing gTLDs, as may be possible under existing contracts and as allowed 
under the ICANN Bylaws;

        FURTHER RESOLVED, recognizing that this PDP may not conclude its work 
in time to affect the initial round of New gTLD applications, the GNSO Council 
recommends that any Stakeholder Group or Constituency affected by this issue 
actively participate in the implementation activities conducted by ICANN for 
the New gTLD program;

        FURTHER RESOLVED, that the GNSO Council shall convene a drafting team 
to propose a draft charter for a working group to be created to fulfill the 
requirements of the PDP, which draft charter to be delivered approximately 
thirty (30) days from the date of this resolution.

         

         

        Mike Rodenbaugh

        RODENBAUGH LAW

        tel/fax:  +1 (415) 738-8087

        http://rodenbaugh.com <http://rodenbaugh.com/> 

         

        From: owner-council@xxxxxxxxxxxxxx 
[mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Adrian Kinderis
        Sent: Tuesday, January 19, 2010 5:35 PM
        To: Stéphane Van Gelder; Gomes, Chuck
        Cc: GNSO Council List
        Subject: RE: [council] FW: Draft Motions on Vertical Integration

         

        I second this motion.

         

        Adrian Kinderis

         

        From: owner-council@xxxxxxxxxxxxxx 
[mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Stéphane Van Gelder
        Sent: Wednesday, 20 January 2010 12:28 PM
        To: Gomes, Chuck
        Cc: GNSO Council List
        Subject: Re: [council] FW: Draft Motions on Vertical Integration

         

        Chuck,

         

        Please see below a motion that I was intending to make re this issue. 
Comments welcome.

         

        Stéphane

         

        Motion to follow staff recommendations on Vertical Integration Issues 
Report

         

        Motion by: Stéphane Van Gelder

        Second:

         

        Whereas the GNSO Council, at its September 3, 2009 meeting, passed a 
motion requesting Staff to prepare an Issues Report on the topic of Vertical 
Integration Between Registries and Registrars.

         

        Whereas this Issues Report was presented by Staff dated December 11, 
2009.

         

        Whereas the GNSO Council discussed this Issues Report during its 
Teleconference of January 7, 2010 and agreed to determine whether to initiate a 
PDP on this issue at its Teleconference of January 28, 2010.

         

        Whereas the Staff recommendations conclude that a PDP should not be 
initiated at this time, highlighting that "due to contractual restrictions, it 
is doubtful that a Consensus Policy could be adopted that would affect existing 
gTLD registries. Thus, a PDP initiated at this time would not be successful in 
achieving a uniform approach to vertical integration affecting new and existing 
gTLD registries, or among new gTLD registries participating in different rounds 
of applications, in the same manner."

         

        Whereas the Staff recommendations are to delay the initiating of a PDP 
on this issue until after the launch of new gTLDs: "Staff recommends that 
consideration of launching a PDP on vertical integration be delayed until after 
the launch of new gTLDs (perhaps 1-2 years) to gather data on the impact of the 
initial distribution model, and to determine whether there has been competitive 
harm in the domain name market."

         

        BE IT NOW RESOLVED:

         

        The GNSO Council will follow Staff recommendations contained in the 
Issues Report dated December 11, 2009 on Vertical Integration Between 
Registries and Registrars and will not initiate a PDP on this issue at this 
time.

         

        According to Staff recommendations, the GNSO Council will consider 
initiating a PDP on this issue 1 year after the launch of the new gTLD program. 

         

        Le 20 janv. 2010 à 00:01, Gomes, Chuck a écrit :

         

        At my request, Margie developed two different draft motions regarding 
the issue of whether or not the Council should initiate a PDP on vertical 
integration of registries and registrars; please see the drafts below.  If 
anyone is interested in making one of these motions or a variation of one of 
them, I encourage you to do so.  A third alternative motion would be one to 
delay our decision on this until a later Council meeting.

         

        The Council Operating Procedures deadline for motions for our 28 Jan 
meeting is tomorrow, 20 January.  Whether any motion is made or not by 
tomorrow, I will ask Glen to post them tomorrow to satisfy the posting deadline.

         

        Chuck

         

________________________________

        From: Margie Milam [mailto:Margie.Milam@xxxxxxxxx] 
        Sent: Tuesday, January 19, 2010 4:24 PM
        To: Gomes, Chuck
        Cc: Liz Gasster; Glen de Saint Géry
        Subject: Draft Motions on Vertical Integration

        Hi Chuck,

         

        As requested,   I drafted  two motions, described below, related to the 
VI Issues Report for your review and consideration.

         

        Best,

        Margie

         

         

        MOTION TO DEFER:

        Whereas, on 24 September 2009, the GNSO Council requested ICANN Staff 
to prepare an Issues Report on the topic of vertical integration between 
registries and registrars;

        Whereas, on 11 December 2009, the Issues Report on Vertical Integration 
between Registries and Registrars was delivered to the GNSO Council;

        Whereas, the Issues Report includes recommendations that the GNSO delay 
the initiation of a PDP for a period of 1 - 2 years;

        Now therefore, be it:

        RESOLVED, that the GNSO Council has reviewed the recommendations 
contained in the Issues Report, and, after consideration of the implementation 
timeline associated with the New gTLD Program, declines to initiate a PDP at 
this time;

        FURTHER RESOLVED, that the GNSO Council recommends that any Stakeholder 
Group or Constituency affected by this issue actively participate in the 
implementation activities conducted by ICANN for the New gTLD Program;

        RESOLVED FURTHER, that the GNSO Council shall reevaluate whether to 
initiate a PDP on the topic of vertical integration two years after the launch 
of the initial round of New gTLD applications. 

         

        MOTION TO COMMENCE A PDP:

         

        Whereas, on 24 September 2009, the GNSO Council requested ICANN Staff 
to prepare an Issues Report on the topic of vertical integration between 
registries and registrars;

        Whereas, on 11 December 2009, the Issues Report on Vertical Integration 
between Registries and Registrars was delivered to the GNSO Council;

        Whereas, the Issues Report includes recommendations that the GNSO 
Council delay the initiation of a PDP for a period of 1-2 years;

        Whereas, notwithstanding the recommendations in the Issue Report, the 
GNSO Council has decided to initiate a PDP on Vertical Integration between 
Registries and Registrars;

        Whereas, the GNSO council has decided against initiating a Task force 
as defined in the ICANN Bylaws;

        Now therefore, be it:

        RESOLVED, that the GNSO Council has reviewed the recommendations 
contained in the Issues Report, and nonetheless approves the initiation of a 
PDP on the topic of Vertical Integration between Registries and Registrars;

        FURTHER RESOLVED, that the PDP shall evaluate which policy 
recommendations, if any,  should be developed on the topic of vertical 
integration between registrars and registries affecting both new gTLDs and 
existing gTLDs, as may be possible under existing contracts and as allowed 
under the ICANN Bylaws;

        FURTHER RESOLVED, recognizing that this PDP may not conclude its work 
in time to affect the initial round of New gTLD applications, the GNSO Council 
recommends that any Stakeholder Group or Constituency affected by this issue 
actively participate in the implementation activities conducted by ICANN for 
the New gTLD program;

        FURTHER RESOLVED, that the GNSO Council shall convene a drafting team 
to propose a draft charter for a working group to be created to fulfill the 
requirements of the PDP, which draft charter to be delivered approximately 
thirty (30) days from the date of this resolution.