[council] How to Apply for a New Generic Top-Level Domain

[Glen de Saint Géry <Glen@xxxxxxxxx>]

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http://www.icann.org/en/announcements/announcement-2-23oct08-en.htm
How to Apply for a New Generic Top-Level Domain
Draft Applicant Guidebook Now Available for Comment

http://www.icann.org/en/topics/new-gtld-program.htm
A newly formatted New gTLD program page, that includes a full version of the 
Guidebook, links to explanatory memos and additional resources. These include 
the pre-production algorithm, updated FAQ's, and a map of all the documents 
posted;

http://www.icann.org/en/topics/new-gtld-comments-en.htm

The New gTLD Applicant Guidebook public comment forum. This page includes a 
matrix of a user-friendly version of the Guidebook that is organised by module, 
the associated explanatory memos, and a separate comment forum associated to 
each module.

http://www.icann.org/en/announcements/announcement-2-23oct08-en.htm
How to Apply for a New Generic Top-Level Domain
Draft Applicant Guidebook Now Available for Comment

New Names will Change the Face of the Internet through Innovation, Choice and 
Diversity

23 October 2008   Marina del Rey, CA

A draft 'Applicant Guidebook' for new generic top-level domains (gTLDs), is now 
available for review and comment at 
http://www.icann.org/en/topics/new-gtld-comments-en.htm. The draft Guidebook 
provides information for those interested in applying for new generic top-level 
domains.

"Since ICANN was founded 10 years ago, one of the foundational principles has 
been to support competition and consumer choice in generic top-level domains. 
That competition is meant to promote innovation and enhance user choice and 
satisfaction" said Dr Paul Twomey, ICANN's President and Chief Executive 
Officer.

"The Internet has produced great openness and innovation that has led to 
changes few of us imagined. The effect of opening up the top-level of the 
domain system will enable more innovation and entrepreneurial applications" he 
said.

"One huge area of potential innovation will be applications for names that are 
in non-Roman characters, or Internationalized Domain Names (IDNs). Currently 
there are only 21 generic top-level names and they are all in characters that 
look like English. There are 1.5 billion Internet users and many non-English 
speakers will have the opportunity to express the whole of a domain name in 
characters that look like their language," Dr Twomey said.

The draft Applicant Guidebook and accompanying material will be made available 
in Arabic, Chinese, English, French, Russian and Spanish according to ICANN's 
translation policy. The modules contain information on the evaluation fee, the 
application process and evaluation criteria, as well as background material.

Designed to accompany the draft Applicant Guidebook is a set of Explanatory 
Memoranda that are intended to assist understanding of the implementation work 
for new gTLDs. In addition, two new papers: "Cost Considerations of the new 
gTLDs Program" and "Summary of Changes to Base Agreement for New gTLDs" are 
also being released and complete the explanatory memoranda.

Amongst the 6 modules and over 200 pages of the draft Guidebook and Memoranda, 
some key areas of interest are:

How contested strings (or names) will be determined;
How applications for geographic names will be considered;
Technical requirements for new names that encompass internationalized domain 
names;
The rights of intellectual property holders;
How morality and public order objections can be raised;
The cost of the evaluation process and how it is constructed.
There will be two comment periods of 45 days each. Every Government in the 
world is being sent a letter to draw their attention to the draft and the draft 
Guidebook remains subject to further consultation and revision.

"There has already been robust discussion and consultation regarding many 
phases of the new gTLD implementation plan, but this is the first opportunity 
to consider the application and evaluation processes as a whole," Dr Twomey 
said. "There's been a lot of thought involved in producing the draft Guidebook 
and we've used best practice and outside experts to assist us in developing the 
application process. Now is the time for close scrutiny, questions and input 
that will shape the end result and make it stronger," he said.

Media Contacts:

Jason Keenan
Media Advisor, ICANN
P:             +1 310 382 4004
E: jason.keenan@xxxxxxxxx

Detailed Information on some key issues:

Evaluation Fee

The Evaluation Fee is designed to make the new gTLD program self-funding only. 
This was a recommendation of the Generic names Supporting Organization (GNSO). 
A detailed costing methodology - including historical program development 
costs, and predictable and uncertain costs associated with processing new gTLD 
applications through to delegation in the root zone - estimates a per applicant 
fee of $US185,000. This is the estimated cost per evaluation in the first 
application round.

The total fee per applicant takes into account close to $US13 million invested 
by ICANN since October 2007 to put the design of the implementation program in 
place. It includes allocated staff time, direct consulting expenses and other 
fixed costs. This cost will be allocated across the new gTLD applications until 
it is reclaimed and amounts to $US26,000.

The fee also includes $US100,000 per applicant relating to both fixed and 
variable costs of processing each application.

A final element of the evaluation fee is a provision for risks related to 
non-standard processing of applications, or the application and evaluation 
process. An analysis of these and other risk elements performed by independent 
specialist, Willis Inc, the world's third largest insurance broker and risk 
consultant. This analysis identified approximately $US60, 000 to be allocated 
to each application.

It is possible ICANN will over-collect or under-collect for the first round of 
applications. If fee collection exceeds ICANN expenses, the community will be 
consulted as to how that excess is to be used.

A detailed outline of the Evaluation Fee and other financial consideration are 
detailed in the Explanatory Memoranda paper: "Cost Considerations for New 
Top-Level Domains" [PDF, 517K].

Protection of Rights Holders in new gTLDs

The introduction of New gTLDs is consistent with protecting the rights of 
trademark holders, communities and other rights holders against abusive 
registration tactics and infringement. ICANN has sought input from numerous 
businesses, governments and the intellectual property community to devise an 
approach to protecting the rights of third parties.

The plan outlined in the Applicant Guidebook (and corresponding Explanatory 
Memoranda) addresses rights protection issues at both the top-level and the 
second-level of the domain name space.

At the top-level, ICANN is implementing an objection-based process for dispute 
resolution where rights holders can assert that proposed gTLD strings would 
infringe their legal rights based upon generally accepted and internationally 
recognized principles of law. This process is also being developed with the 
understanding that it is also not unusual to have a trademark in the same word 
or phrase for different products or services or registered in different 
jurisdictions.

At the second-level, ICANN is implementing a process where new gTLD applicants 
are required to describe their Rights Protection Mechanism (RPM) within their 
applications. These RPMs will be published to the community at the time 
applications are also made public. All new gTLDs will be subject to ICANN's 
existing and successful Uniform Dispute Resolution Policy 
(http://www.icann.org/en/udrp/#udrp).

Dispute Resolution Providers

To resolve disputes in a timely and independent fashion ICANN has established 
relationships with internationally recognized dispute resolution providers to 
administrate the dispute resolution processes called for as part of ICANN's 
evaluation of new gTLD applications. Three providers have been selected to 
provide expertise to ICANN relating to the evaluation of the applications: The 
Arbitration and Mediation Center of the World Intellectual Property 
Organization; The International Chamber of Commerce (ICC); and, the 
International Centre for Dispute Resolution (ICDR).

The International Chamber of Commerce (ICC) has agreed in principle to 
administer disputes brought pursuant to Morality and Public Order Objections 
and Community Objections. The ICC is a world-renowned dispute resolution 
provider based in Paris, France.

The Arbitration and Mediation Center of the World Intellectual Property 
Organization has agreed in principle to administer disputes brought pursuant to 
Legal Rights Objections. The WIPO Arbitration and Mediation Center, based in 
Geneva, Switzerland, was established in 1994 to offer Alternative Dispute 
Resolution (ADR) options for the resolution of international commercial 
disputes between private parties.

Finally, the International Centre for Dispute Resolution (ICDR) has agreed in 
principle to administer disputes relating to String Confusion Objections. The 
ICDR, based in New York, NY, United States, has many cooperative agreements 
with arbitral institutions around the world for facilitating the administration 
of its international cases.

New gTLDs and the Internet - Openness. Change. Innovation.

After years of discussion and thought, new generic top-level domains (gTLDs) 
are being expanded. They will allow for more innovation, choice and change to a 
global Internet presently served by only 21 generic top-level domain names.

As a not for profit corporation dedicated to coordinating the Internet's 
addressing system, ICANN is not doing this to add to its revenue.  An 
implementation plan is being developed with opportunities for public comment.  
There will be processes for objections. There has also been detailed technical 
scrutiny to ensure the Internet's stability and security. There will be an 
evaluation fee but it will recover costs only (expenses so far, application 
processing and anticipated legal costs). Many thousands of people representing 
organizations as diverse as domain name registries and registrars, businesses, 
engineers, scientists, governments, user, academics, and the legal fraternity 
have contributed.

Promoting competition and choice is one of the principles upon which ICANN was 
founded. In a world with 1.5 billion Internet users (and growing), diversity, 
choice and innovation are key. The Internet has supported huge increases in 
choice, innovation and the competition of ideas. Expanding new gTLDs provides 
further opportunities.

Find out detail at: http://www.icann.org/en/topics/new-gtld-program.htm

Openness. Change. Innovation.

Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx
http://gnso.icann.org