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[council] Amended Tasting Motion

  • To: <council@xxxxxxxxxxxxxx>
  • Subject: [council] Amended Tasting Motion
  • From: "Adrian Kinderis" <adrian@xxxxxxxxxxxxxxxxxx>
  • Date: Thu, 17 Apr 2008 22:13:50 +1000
  • Cc: "Tim Ruiz" <tim@xxxxxxxxxxx>, "Thomas Keller" <tom@xxxxxxxx>
  • List-id: council@xxxxxxxxxxxxxx
  • Sender: owner-council@xxxxxxxxxxxxxx
  • Thread-index: AcigeKcKb2CmR1sCTKi/d9aaeiyR1wAC24Hg
  • Thread-topic: Amended Tasting Motion


Please see below an amendment to the Domain Tasting motion that the RC
would like to propose on the call.


Adrian Kinderis
Managing Director
AusRegistry Group Pty Ltd
Level 8, 10 Queens Road
Melbourne. Victoria Australia. 3004
Ph: +61 3 9866 3710
Fax: +61 3 9866 1970
Email: adrian@xxxxxxxxxxxxxxx
Web: www.ausregistrygroup.com

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Whereas, the GNSO Council has discussed the Issues Report on Domain
Tasting and the Final Outcomes Report of the ad hoc group on Domain

Whereas, the GNSO Council resolved on 31 October 2007 to launch a PDP on

Domain Tasting;

Whereas, the GNSO Council resolved on 31 October 2007 to encourage staff
to apply ICANN's fee collections to names registered and subsequently
deregistered during the add-grace period;

Whereas, the Board resolved on 23 January 2008 to encourage ICANN's
budgetary process to include fees for all domains added, including
domains added during the AGP;

Whereas, the GNSO Council authorized on 17 January 2008 the formation of
a small design team to develop a plan for the deliberations on the
Domain Tasting PDP (the "Design Team"), the principal volunteers to
which had been members of the Ad Hoc Group on Domain Tasting and were
well-informed of both the Final Outcomes Report of the Ad Hoc Group on
Domain Tasting and the GNSO Initial Report on Domain Tasting
(collectively with the Issues Report, the "Reports on Domain Tasting"); 

Whereas, the GNSO Council has received the Draft Final Report on Domain

Whereas, PIR, the .org registry operator, has amended its Registry
Agreement to charge an Excess Deletion Fee; and both NeuStar, the .biz
registry operator, and Afilias, the .info registry operator, are seeking
amendments to their respective Registry Agreements to modify the
existing AGP;

The GNSO Council recommends to the ICANN Board of Directors that:

1. The Staff continue the budgetary process towards approval with the
inclusion of fees for all domains added, including domains added during
AGP as directed in the Board resolution of 23 January 2008;

2. An allowance for a reasonable number of deletes as quantified in
4.a.i below be included against which the fees would not apply;

3. Upon approval of the budget including said fees and reasonable
allowance, the deletes activity within the AGP shall be monitored by the

   a. ICANN Staff shall analyze and report to the GNSO within three
   as to how effectively and to what extent the fees have reduced AGP 
   delete activity;

   b. Whether or not further policy work should be considered by the
   as a result of the experiences gained during the monitoring stage.

4. Upon conclusion of the monitoring stage, if Staff reports and the
GNSO confirms that the fees have not been sufficiently effective in
reducing AGP delete activity, the Staff will immediately begin
implementation of the following recommendation as Consensus Policy;

   a. The applicability of the Add Grace Period shall be restricted for
   gTLD which has implemented an AGP ("Applicable gTLD Operator"). 
   Specifically, for each Applicable gTLD Operator:

      i. During any given month, an Applicable gTLD Operator may not 
      offer any refund to a registrar for any domain names deleted
      the AGP that exceed (i) 10% of that registrar's net new
      in that month (defined as total new registrations less domains
      during AGP), or (ii) fifty (50) domain names, whichever is

      ii. A Registrar may seek an exemption from the application of such

      restriction in a specific month, upon the documented showing of 
      extraordinary circumstances. For any Registrar requesting such an 
      exemption, the Registrar must confirm in writing to the Registry 
      Operator how, at the time the names were deleted, these 
      extraordinary circumstances were not known, reasonably could not 
      have been known, and were outside of the Registrar's control. 
      Acceptance of any exemption will be at the sole reasonable 
      discretion of the Registry Operator, however "extraordinary 
      circumstances" which reoccur regularly will not be deemed 

      iii. In addition to all other reporting requirements to ICANN,
      Applicable gTLD Operator shall identify each Registrar that has 
      sought an exemption, along with a brief descriptive identification
      the type of extraordinary circumstance and the action (if any)
      was taken by the Applicable gTLD Operator.

   b. Implementation and execution of these recommendations shall be 
   monitored by the GNSO. Specifically;

      i. ICANN Staff shall analyze and report to the GNSO at six month 
      intervals for two years after implementation, until such time as
      GNSO resolves otherwise, with the goal of determining;

         1. How effectively and to what extent the policies have been 
         implemented and followed by Registries and Registrars, and

         2. Whether or not modifications to these policies should be 
         considered by the GNSO as a result of the experiences 
         gained during the implementation and monitoring stages,

      ii. The purpose of these monitoring and reporting requirements are

      to allow the GNSO to determine when, if ever, these 
      recommendations and any ensuing policy require additional 
      clarification or attention based on the results of the reports
      by ICANN Staff.

Attachment: TastingMotionAmendment_clean.doc
Description: TastingMotionAmendment_clean.doc

Attachment: TastingMotionAmendment_clean.txt
Description: TastingMotionAmendment_clean.txt

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