Re: [council] Spec. 13 notification email from ICANN

[Volker Greimann <vgreimann@xxxxxxxxxxxxxxx>]

Hi Ching,

I just reviewed the application process description, and it includes 
this passage:
/The New gTLD Program Committee (“NGPC”) has also approved the possible 
incorporation of an additional clause into Specification 13, with 
implementation to take effect no earlier than May 12, 2014, to provide 
the GNSO Council an opportunity to advise ICANN regarding Policy 
Recommendation 19 on the Introduction of New Generic Top Level Domains. 
If the additional clause is incorporated into Specification 13, and if 
ICANN determines that the TLD qualifies as a .Brand TLD, the Registry 
Agreement for the TLD will include the form of Specification 13 attached 
as //*Attachment 2 *//to this .Brand TLD Application Process. If, as a 
result of GNSO Council advice or otherwise, Specification 13 is further 
modified, an applicant for a TLD that has been determined by ICANN to 
qualify as a .Brand TLD will be offered the opportunity to execute an 
amendment incorporating such modified Specification 13 as part of the 
Registry Agreement. /
//
Notably, the Spec 13 attached in Attachment 1 does not include the 
passage that we have been asked to comment on, only the version in 
Attachment 2 does. It therefore can be argued that ICANN staff has 
implemented the board decision authorizing /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/ 
correctly, by implementing the spec without incorporating the additional 
clause. The clause would only come into effect if it is incorporated at 
a later time, or never, depending on our response and the ultimate NGPC 
decision.
This process does not substantially affect our task, however it puts us 
on the clock.
Best regards,

Volker


Am 15.04.2014 10:23, schrieb Ching Chiao:
> Dear colleagues,
>
> I assume some of you received the notification below.
>
> This is a clear evidence that the ICANN staff choose to proceed with 
> .brand implementation WITHOUT GNSO's confirmation as requested by the 
> Board.
> Ching
>
> --------
>
> Dear Applicants and Registry Operators:
>
> On 26 March 2014, the New gTLD Program Committee (“NGPC”) of the ICANN 
> Board approved the Registry Agreement Specification 13 for .Brand 
> TLDs. View this resolution at: 
> http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-26mar14-en.htm. 
> As per this resolution a process for requesting and evaluating 
> applications for Specification 13 to the New gTLD Registry Agreement 
> has been published at 
> http://newgtlds.icann.org/en/applicants/agb/base-agreement-spec-13-application-form-11apr14-en.docx.
> We encourage you to read the resolution referenced above as well as 
> Specification 13 to determine whether it is applicable to you. If you 
> would like to submit an application for Specification 13, please 
> follow the process described in Q1, Q2, or Q3 of the /Specification 13 
> to the Registry Agreement FAQs/ posted at 
> http://newgtlds.icann.org/en/applicants/agb/base-agreement-spec-13-faqs-14apr14-en.pdf.
> Please note that ICANN will post all applications for .Brand TLD 
> designation for public comment for a period of 30 calendar days. The 
> posting of these applications for public comment does not mean and 
> should not be construed as a determination by ICANN that the TLD meets 
> the criteria to be qualified as a .Brand TLD. Even if no public 
> comments are received objecting to the designation of a TLD as a 
> .Brand TLD, ICANN will review the re-application and may determine 
> that the TLD does not qualify as a .Brand TLD.
> If you have previously submitted a Code of Conduct exemption request, 
> please let us know via the Customer Service Center atnewgtld@xxxxxxxxx 
> <mailto:newgtld@xxxxxxxxx> or 
> https://myicann.secure.force.com/ whether you intend to also 
> submitting an application for .Brand TLD designation. As much as 
> possible, ICANN will try to process the two requests together.
> If you have any questions regarding Specification 13 or this email 
> notification, please contact the Customer Service Center 
> atnewgtld@xxxxxxxxx <mailto:newgtld@xxxxxxxxx>.
> --------