5 December 2003. Proposed agenda and related documents List of attendees: 13 Council Members John Jeffrey - ICANN General Counsel and Secretary Christopher Wilkinson - Acting GAC Liaison Glen de Saint G�ry - GNSO Secretariat Quorum present at 19 :10 UTC Bruce Tonkin chaired this teleconference. Item 1: Approval of Agenda Item 2: Approval of minutes of last meeting Marilyn Cade, seconded by Ken Stubbs moved the adoption of the minutes of 29 October, 2003 The motion was carried by a majority of council votes. Two abstention: Ross Rader and Marc Schneiders (not members of council on 29 October) Decision 1: The minutes of the GNSO meeting held in Carthage were adopted Item 3: Discussion of Terms of reference for developing a procedure for use by ICANN staff in managing contractual approvals or amendments to allow changes in the architecture or operation of a gTLD registry Bruce Tonkin opening up the discussion explained that the terms of reference, had been taken from the Issues Report and would be used as the base for the policy development process. "Although portions of the policy-development authority for each sTLD are delegated to the designated sTLD sponsor, there are some situations in which an sTLD's sponsor will requests amendments to, or approvals under, the sponsorship agreement it has with ICANN. Although approval and amendment requests are much more common in the case of unsponsored TLDs than for sTLDs, the overall goals (e.g., predictability, timeliness, transparency) of the procedures for handling gTLD and sTLD requests are similar, even though there are differences in the provisions of the underlying agreements that must be observed. It therefore is appropriate to develop a recommended policy to guide the establishment of the procedures under which ICANN handles requests for approvals and amendments under ICANN's agreements for both gTLDs and sTLDs. It should be noted that the sponsorship agreements for the current three sTLDs (.aero, .coop, and .museum) delegate to the sponsors the responsibility to select and enter agreements with those sTLDs' registry operators. The sTLD sponsors are responsible for establishing the procedures they use to handle requests made by registry operators under the agreements between the sTLD sponsors and their operators. Although PDP would not be directly concerned with such requests, sTLD sponsors may find the recommendations resulting from the PDP to be useful in developing their procedures. " Bruce Tonkin proposed incorporating the FAQ text into the terms of reference clarifying sponsored and unsponsored requirements, Christopher Wilkinson leaves the teleconference. Marc Schneiders expressed the concern that the "user" community was left out. Bruce Tonkin suggested including the option for the GNSO to consider incorporating a process for ICANN to seek input from affected stakeholders or the general public in the terms of reference, rather than just outside experts. Cary Karp, seconded by Jordyn Buchanan proposed a procedural motion: The motion failed with 21 votes against and 6 registry constituency votes in favour. Decision 2: The vote will not be deferred for a period of 14 days for further refinement of the terms of reference. Item 4: Decision required by Council to proceed with policy development on an issue detailed in the terms of reference in (3) above Philip Sheppard, seconded by Marc Schneiders, proposed: The motion carried with 21 votes in favour, 4 votes against and one abstention (2) Decision 3: To initiate the policy development process on the issue of registry services based on the terms of reference as amended on the call. Item 5: If the council decides to proceed with policy development in agenda item 4, then a decision is required as to whether to form a task force and if not, how to manage the policy process at the Council level. Bruce Tonkin described the process from the ICANN bylaws when no task force was formed: 8. Procedure if No Task Force is Formed b. The Council may also pursue other options that it deems appropriate to assist in the PDP, including appointing a particular individual or organization to gather information on the issue or scheduling meetings for deliberation or briefing. All such information shall be submitted to the Staff Manager within thirty-five (35) calendar days after initiation of the PDP. c. The Staff Manager will take all Constituency Statements, Public Comment Statements, and other information and compile (and post on the Comment Site) an Initial Report within fifty (50) calendar days after initiation of the PDP. Thereafter, the PDP shall follow the provisions of Item 9 below in creating a Final Report. Bruce Tonkin asked John Jeffrey whether there were any restrictions on Council forming a committee as a whole to work in the context of the policy development process? The motion carried with 25 votes in favour and one abstention (2) Decision 4: Council undertakes the policy development process as a committee as a whole and follows the policy development process with the requirements of public notice in compliance with the ICANN bylaws and procedure when no task force is formed. Bruce Tonkin declared GNSO teleconference closed, and thanked everybody for attending.
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