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[council] Letter from Paul Verhoef to GNSO Council with request for policy work on .net

  • To: <council@xxxxxxxxxxxxxx>
  • Subject: [council] Letter from Paul Verhoef to GNSO Council with request for policy work on .net
  • From: "Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
  • Date: Thu, 1 Apr 2004 10:02:19 +1000
  • Sender: owner-council@xxxxxxxxxxxxxx
  • Thread-index: AcQXRP9YruGxjCaFRPmrW5i/ZYVGiwANd74w
  • Thread-topic: Letter from Paul Verhoef to GNSO Council with request for policy work on .net

Hello All,

Attached in PDF format is a letter from Paul Verhoef, Vice President, Policy 
Development Support of ICANN to the GNSO Council with a formal request for 
guidance from the GNSO concerning the criteria for designating a successor 
operator for .net.  

There is also a request for a timeline for completing this work.  I have 
requested that ICANN staff be available for answering any questions in relation 
to this letter during our call in 20 hours time.

See below for plain text version of the letter.

Regards,
Bruce Tonkin



Bruce Tonkin, Chair
ICANN Generic Names Supporting Organization Council

Re: Policy Advice Concerning the Designation of a Successor Operator for .net


Dear Bruce,

At its meeting in Rome, Italy, on 6 March 2004, ICANN's Board of Directors 
adopted the following resolution numbered 04.18:


".net Registry Agreement Expiration Date and Initial Procedure for Designating 
Successor Registry Operator

Whereas, Section 5.1 of the .net Registry Agreement entered into between ICANN 
and VeriSign on 25 May 2001 provides that the agreement will expire no later 
than 30 June 2005 
<http://www.icann.org/tlds/agreements/verisign/registry-agmt-net-25may01.htm>;

Whereas, Section 5.2 of the .net Registry Agreement obligates ICANN to adopt an 
open, transparent procedure for designating a successor Registry Operator by no 
later than one year prior to the end of the agreement, which would be 30 June 
2004;

Resolved, [04.18] that in order to prepare for the designation of a transparent 
procedure by 30 June 2004, the Board authorizes the President to take steps to 
initiate the process as specified in Section 5.2 of the .net Registry Agreement 
for designating a successor operator for the .net registry, including referrals 
and requests for advice to the GNSO and other relevant committees and 
organizations as appropriate."


As indicated in the text of the resolution, ICANN is taking steps to initiate 
the process for designating a successor operator for the .net registry.  This 
letter is a formal request for guidance from the GNSO concerning the criteria 
for designating a successor operator for .net.  Specifically, §5.2.4 of the 
.net Registry Agreement (below) identifies certain criteria to be taken into 
account in the selection of a successor. That paragraph also calls for the 
establishment of a consensus policy regarding the identification and definition 
of these criteria.  Accordingly, the GNSO Council is requested to issue a 
consensus statement defining criteria and conditions to be applied in the 
selection of a successor registry operator.  In developing the scope of its 
recommendations, the GNSO should be guided by the example criteria listed in 
para. 5.2.4, below, e.g. a balancing of: stability of the Internet, promotion 
of competition, consumer choice, functional capabilities, performance 
specifications, commercial terms, relevant experience, and the demonstrated 
capability to manage similar databases at the required scale.

For your reference, the following is the complete text of §5.2 of the current 
.net Registry Agreement, which specifies the "procedure for subsequent 
agreement":


"5.2 Procedure for Subsequent Agreement.

5.2.1 Not later than one year prior to the end of the term of this Agreement, 
ICANN shall, in accordance with Section 2.1, adopt an open, transparent 
procedure for designating a successor Registry Operator. The requirement that 
this procedure be opened one year prior to the end of the Agreement shall be 
waived in the event that the Agreement is terminated prior to its expiration.

5.2.2 Registry Operator or its assignee shall be eligible to serve as the 
successor Registry Operator and neither the procedure established in accordance 
with subsection 5.2.1 nor the fact that Registry Operator is the incumbent 
shall disadvantage Registry Operator in comparison to other entities seeking to 
serve as the successor Registry.

5.2.3 If Registry Operator or its assignee is not designated as the successor 
Registry Operator, Registry Operator or its assignee shall cooperate with ICANN 
and with the successor Registry Operator in order to facilitate the smooth 
transition of operation of the registry to successor Registry Operator. Such 
cooperation shall include the timely transfer to the successor Registry 
Operator of an electronic copy of the Registry Database and of a full 
specification of the format of the data.

5.2.4 ICANN shall select as the successor Registry Operator the eligible party 
that it reasonably determines is best qualified to perform the registry 
function under terms and conditions developed pursuant to Subsection 4.3 of 
this Agreement, taking into account all factors relevant to the stability of 
the Internet, promotion of competition, and maximization of consumer choice, 
including without limitation: functional capabilities and performance 
specifications proposed by the eligible party for its operation of the 
registry, the price at which registry services are proposed to be provided by 
the party, the relevant experience of the party, and the demonstrated ability 
of the party to manage domain name or similar databases at the required scale.

5.2.5 In the event that a party other than Registry Operator or its assignee is 
designated as the successor Registry Operator, Registry Operator shall have the 
right to challenge the reasonableness of ICANN's failure to designate Registry 
Operator or its assignee as the successor Registry Operator pursuant to Section 
5.9 below. Any such challenge must be filed within 10 business days following 
any such designation, and shall be decided on a schedule that will produce a 
final decision no later than 60 days following any such challenge."


As an additional reference point, the GNSO may want to consider the work of the 
DNSO with respect to the reassignment of the .org registry. On 4 June 2001, at 
its meeting in Stockholm, Sweden, ICANN's Board referred to the Names Council 
for its consideration the issues raised by the scheduled transition of the 
operation of the .org top-level domain from VeriSign to a new entity.  The DNSO 
Council responded by forming a task force to study the issue and prepare a 
report.  On 17 January 2002, the DNSO Council adopted the "Report of the Dot 
Org Task Force", which ICANN used as the basis for the procedure for 
designating a successor operator for .org adopted at the 14 March 2002 Board 
meeting in Accra, Ghana <http://www.icann.org/accra/org-topic.htm>.  Additional 
background on the .org reassignment (to Public Interest Registry) is available 
at <http://www.icann.org/tlds/org/>.

I have noted that the Council has already taken the proactive step of placing 
this issue on its agenda for its next meeting (1 April 2004).  In order to 
facilitate further planning for the procedure for designating the successor 
operator, I would very much appreciate hearing from you at your earliest 
convenience regarding your tentative timeline for the completion of your policy 
process on this issue.

Thank you very much for your anticipated further cooperation in this matter.  

Best regards,

Paul Verhoef
Vice President, Policy Development Support
ICANN

Attachment: L-Twomey re net Successor _24-Mar-04_.pdf
Description: L-Twomey re net Successor _24-Mar-04_.pdf



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