[council] Public Comment Period: New gTLD Auction Rules

[Glen de Saint Géry <Glen@xxxxxxxxx>]

http://www.icann.org/en/news/announcements/announcement-17dec13-en.htm
New gTLD Auction Rules
Comment / Reply Periods (*)
Comment Open Date: 17 December 2013
Comment Close Date: 14 January 2014 - 23:59 UTC
Reply Open Date: 15 January 2014
Reply Close Date: 4 February 2014 - 23:59 UTC
Important Information Links
Public Comment 
Announcement<http://www.icann.org/en/news/announcements/announcement-17dec13-en.htm>
To Submit Your Comments 
(Forum)<mailto:comments-new-gtld-auction-rules-16dec13@xxxxxxxxx>
View Comments 
Submitted<http://forum.icann.org/lists/comments-new-gtld-auction-rules-16dec13/>
Brief Overview
Originating Organization:
Global Domains Division
Categories/Tags:

 *   New gTLD Auctions
Purpose (Brief):

To gather community input regarding the detailed rules and processes for 
Auctions to resolve string contention sets in the New gTLD Program.
Current Status:

The Auction Rules (version 2013.12.12) have been updated since the publication 
of the Preliminary Auction Rules on 1 Nov 2013 based on community feedback, 
including feedback received in Webinars and sessions at the ICANN 48 meeting in 
Buenos Aires. Additionally the Bidder's Agreement, Bidder forms, and a Draft 
Auction Schedule have been published for community input.
Next Steps:

Based on public comment feedback, a final set of Auction Rules and Bidder's 
Agreement will be published and New gTLD Auctions to resolve string contention 
sets will be implemented and executed per the rules.
Staff Contact:
Russ Weinstein
Email Staff 
Contact<mailto:russ.weinstein@xxxxxxxxx?subject=More%20information%20on%20the%20New%20gTLD%20Auction%20Rules%20public%20comment%20period>
Detailed Information
Section I: Description, Explanation, and Purpose:

ICANN is pleased to announce the publication of an updated version (2013.12.12) 
of the Auction Rules, the Bidder Agreement, the Bidder Forms, and a Draft 
Auction Schedule for community review. The Auction Rules have been updated 
since the initial release of the Preliminary Auction Rules on 1 Nov 2013 based 
on feedback received including during the Auctions Webinar on 7 November 2013 
and the ICANN 48 Meeting in Buenos Aires. The documents being published for 
comment are:

·        Auction Rules version 2013.12.12 - provides a detailed insight into 
all facets of the Auctions program, including eligibility, scheduling 
considerations, preparation procedures, deposits, bidding limits, bidding 
procedures, the conclusion of auctions, payments and refunds. This version of 
the Auction Rules only addresses Contention Sets with direct contention 
relationships; an update or addendum will be published at later time to address 
Contention Sets with both direct and indirect contention relationships.

·        Bidder Forms - allows an applicant to designate itself or another 
entity to act as the bidder on its behalf. These forms will be used by ICANN 
and Power Auctions (the Auction Manager) to perform due diligence, set up a 
bank subaccount and a user account on the Auction Site. The bidder forms must 
be completed for each application participating in an Auction.

·        Bidder Agreement - an agreement between the Applicant and/or Bidder 
and Power Auctions, detailing the roles and responsibilities of each of these 
parties in the Auction process. The Bidder Agreement must be executed at least 
one time for each Applicant, and if an applicant utilizes a Designated Bidder, 
the agreement must be executed for each unique configuration of Applicant and 
Designated Bidder.

·        Draft Auction Schedule - Using the preliminary contention sets which 
do not include the effect any objection determinations may have, a Draft 
Auction Schedule has been created. This schedule utilizes the scheduling 
criteria defined in the Auction Rules but, due to the dynamic nature of 
application status, does not take into account the eligibility requirements for 
a contention set to be sent to Auction by ICANN as defined in the Applicant 
Guide Book and the Auction Rules. Should contention sets either resolve prior 
to their scheduled Auction or not yet be eligible for an Auction, ICANN will 
adjust the schedule in attempt to maintain approximately 20 contention sets per 
Auction.

ICANN intends to publish a Master Escrow agreement between ICANN, Power 
Auctions and the Escrow Provider for informational purposes prior to the 
conclusion of the public comment period. It is not envisioned that Bidders will 
execute an agreement with the Escrow Provider; rather the Bidder's Agreement 
will create a relationship where the Bidder will be a third party beneficiary 
to the Escrow Agreement. The Escrow provider will establish accounts by Bidder 
to securely hold deposits, issue refunds to Bidders based on the Auction 
Results, and collect winning fees on behalf of ICANN.

All feedback will be taken into account, but community feedback on the 
following topics will be especially helpful.

 *   The pace and schedule of auctions to resolve all outstanding contention 
sets
 *   The duration of auction rounds and recesses between rounds
 *   The effects of the Name Collision issues on the eligibility for auction of 
a contention set

With the input from the community in this public comment period, ICANN will 
complete and publish the Auction Rules, Bidder's Agreement, Bidder Forms and 
move forward to administer Auctions to resolve string contention sets on the 
new gTLD program.
Section II: Background:

Section 4.3 of the Applicant Guidebook describes auctions as the last resort 
method to resolve string contention sets. This section provides for an 
Ascending Clock Auction methodology and provides an overview of the process and 
simplified illustrations of the execution of a contention set auction. On 1 
November 2013, a preliminary version of the Auction rules was published. The 
Auction Rules were published as preliminary because there were several aspects 
related to scheduling that would benefit from community feedback prior to 
finalization and execution of the Auction program. The Auction Rules have since 
been updated to provide more details of the Auction processes and procedures as 
well as to incorporate community feedback received since the initial 
publication.
Section III: Document and Resource Links:

Applicant Guide Book section 
4.3<http://newgtlds.icann.org/en/applicants/agb/string-contention-procedures-04jun12-en.pdf>
 [PDF, 429 KB]

New gTLD Auction Rules 
2013.12.12<http://newgtlds.icann.org/en/applicants/auctions/rules-12dec13-en.pdf>
 [PDF, 323 KB]

New gTLD Auction 
Rules_1Nov13<http://newgtlds.icann.org/en/applicants/auctions/prelim-rules-31oct13-en.pdf>
 [PDF, 235 KB] (Preliminary)

Redline of Auction Rules 2013.12.12 to 
2013.11.01<http://newgtlds.icann.org/en/applicants/auctions/rules-redline-12dec13-en.pdf>
 [PDF, 352 KB] (Comparison of current version to preliminary)

Draft Auction Schedule 
2013.12.16<http://newgtlds.icann.org/en/applicants/auctions/draft-schedule-16dec13-en.pdf>
 [PDF, 308 KB]

New gTLD Auction Bidder 
Agreement<http://newgtlds.icann.org/en/applicants/auctions/bidder-agreement-12dec13-en.pdf>
 [PDF, 171 KB]

New gTLD Auction Bidder 
Forms<http://newgtlds.icann.org/en/applicants/auctions/bidder-designation-form-16dec13-en.pdf>
 [PDF, 241 KB]
Section IV: Additional Information:

N/A

________________________________

(*) Comments submitted after the posted Close Date/Time are not guaranteed to 
be considered in any final summary, analysis, reporting, or decision-making 
that takes place once this period lapses.


Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx<mailto:gnso.secretariat@xxxxxxxxxxxxxx>
http://gnso.icann.org<http://gnso.icann.org/>