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[council] new gTLD Program Committee resolution regarding Specification 13 of the new gTLD registry agreement

  • To: "council@xxxxxxxxxxxxxx" <council@xxxxxxxxxxxxxx>
  • Subject: [council] new gTLD Program Committee resolution regarding Specification 13 of the new gTLD registry agreement
  • From: Bruce Tonkin <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
  • Date: Mon, 31 Mar 2014 07:01:48 +0000
  • Accept-language: en-AU, en-US
  • List-id: council@xxxxxxxxxxxxxx
  • Sender: owner-council@xxxxxxxxxxxxxx
  • Thread-index: Ac9MrxJmJCni4DwZQ+uvrgw9eVhzOA==
  • Thread-topic: new gTLD Program Committee resolution regarding Specification 13 of the new gTLD registry agreement

From:  
http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-26mar14-en.htm

Approval of Registry Agreement Specification 13 for Brand Category of Applicants

 Whereas, on 2 July 2013, the ICANN Board New gTLD Program Committee (NGPC) 
approved the form of the New gTLD Registry Agreement to be entered into by 
ICANN and successful New gTLD applicants.

Whereas, the Brand Registry Group engaged with ICANN regarding modifications to 
the New gTLD Registry Agreement to address concerns of their constituents.

Whereas, on 6 December 2013, ICANN posted for public comment a proposed 
Specification 13 to the New gTLD Registry Agreement 
http://newgtlds.icann.org/en/applicants/agb/base-agreement-spec-13-proposed-06dec13-en.pdf
   [PDF, 80 KB] ("Specification 13"), which if adopted would provide limited 
accommodations to registry operators of TLDs that qualify as ".Brand TLDs."

Whereas, the proposed Specification 13 was revised in response to the public 
comments, including the removal of a provision allowing a registry operator of 
a .BRAND TLD to designate one or more ICANN accredited registrars as the 
exclusive registrar(s) for the TLD in response to a comment submitted by a 
group of eleven registrars.   An update to the community and a revised draft 
was posted on the ICANN Blog on 14 March 2014 
(http://blog.icann.org/2014/03/summary-and-analysis-of-specification-13-public-comments/
 ). 

Whereas, on 25 March 2014 the NGPC received notification from the group of 
registrars that submitted the joint comment referenced above during the public 
comment period that it no longer objected to the inclusion of a provision 
allowing a registry operator of a .BRAND TLD to be limited to using no more 
than two registrars at one time.

Whereas, the NGPC takes specific note of Policy Recommendation 19 in the GNSO's 
Final Report on the Introduction of New Generic Top-Level Domains (8 August 
2007), which provides that "registries must use only ICANN accredited 
registrars in registering domain names and may not discriminate among such 
accredited registrars."

Whereas, the NGPC has considered all of the comments received from the 
community, and has determined that the revised Specification 13 provides 
appropriate and limited accommodations to registry operators of TLDs that 
qualify as .Brand TLDs.

Whereas, the NGPC is undertaking this action pursuant to the authority granted 
to it by the Board on 10 April 2012, to exercise the ICANN Board's authority 
for any and all issues that may arise relating to the New gTLD Program.

Resolved (2014.03.26.NG01), the NGPC approves Specification 13 to the New gTLD 
Registry Agreement attached to this Resolution as Annex 1  
(http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-annex-1-26mar14-en.pdf
   ) [PDF, 106 KB] (which does not include the clause allowing a .Brand 
registry operator to designate a limited number preferred registrars for the 
TLD), and authorizes the President and CEO, or his designee, to take all 
necessary steps to implement Specification 13 to the New gTLD Registry 
Agreement consistent with this resolution.

Resolved (2014.03.26.NG02), the NGPC approves the incorporation of the 
additional clause identified below into Specification 13. Implementation will 
not take effect until 45 days from the publication of this resolution to:

 (i) provide the GNSO Council an opportunity to advise ICANN as to whether the 
GNSO Council believes that this additional provision is inconsistent with the 
letter and intent of GNSO Policy Recommendation 19 on the Introduction of New 
Generic Top-Level Domains; 

or (ii) advise ICANN that the GNSO Council needs additional time for review, 
including an explanation as to why additional time is required.


        "The second sentence of Section 2.9(a) of the Agreement is superseded 
by the following:

        Subject to the requirements of Specification 11, Registry Operator must 
either (i) provide non-discriminatory access to         Registry Services to 
all ICANN accredited registrars that enter into and are in compliance with the 
registry-registrar  agreement for the TLD; provided that Registry Operator may 
establish non-discriminatory criteria for qualification to register  names in 
the TLD that are reasonably related to the proper functioning of the TLD, or 
(ii) designate no more than three         ICANN accredited registrars at any 
point in time to serve as the exclusive registrar(s) for the TLD."

A .BRAND TLD registry operator may amend its Specification 13 to incorporate 
this provision upon request as part of implementation. The President and CEO, 
or his designee, is authorized to take all necessary steps to implement this 
provision in Specification 13 to the New gTLD Registry Agreement consistent 
with this resolution.

Attachment: resolutions-new-gtld-annex-1-26mar14-en.pdf
Description: resolutions-new-gtld-annex-1-26mar14-en.pdf



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