[council] Preliminary Report of ICANN Board Meeting 9 Dec 2010

["Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

Hello All,

See below for preliminary report on the ICANN Board meeting held last
week.

Key issues of interest to the GNSO are:

- approval of the Verisign partial bulk transfer process for .com and
.net

- in principle support for an expression of interest phase for new gTLDs
and to move forward to get public comment on the analysis done so far on
the public comments and a proposed model for consideration

"Resolved, (2009.12.09.05), ICANN staff is hereby directed to record and
publish for public comment the risks and considerations considered by
the board and the ICANN Board's determinations on the EOI process model.
Staff is also directed to continue undertaking additional analysis on
those determinations. 

Resolved, (2009.12.09.06), ICANN staff shall summarize: a) the public
comments resulting from the publication of the risks and considerations
considered by the board, b) ICANN Board's determinations on the EOI
process model, and c) the additional staff analysis undertaken; and
present that summary to the ICANN Board.  Further, along with that
summary ICANN staff shall present a proposed EOI process model for
approval at the ICANN Board's February 2010 meeting. "

- the Board determined that the CyberSafety Constituency (CSC), the City
TLD Constituency, and IDNgTLD Constituency did not meet the requirements
for a new constituency in the GNSO.   No determination was made on the
Consumer Constituency yet.

- the Board approved the re-delegation of .co to a new ccTLD manager:
.CO Internet S.A.S.

- the Board approved the .POST sponsorship agreement


Regards,
Bruce Tonkin


From:  http://www.icann.org/en/minutes/prelim-report-09dec09-en.htm

Preliminary Report of Special Board Meeting

9 December 2009
[Formal Minutes are still to be approved by the ICANN Board]

Note: This has not been approved by the Board and does not constitute
minutes but does provide a preliminary attempt setting forth the
unapproved reporting of the resolutions from that meeting. Details on
voting and abstentions will be provided in the Board's Minutes, when
approved by the board at a future meeting. 

A Special Meeting of the ICANN Board of Directors was held via
teleconference 9 December 2009 @ 20.00 UTC. Chairman Peter Dengate
Thrush promptly called the meeting to order. 

In addition to Chairman Peter Dengate Thrush the following Directors
participated in all or part of the meeting: Rod Beckstrom (President and
CEO), Dennis Jennings (Vice Chairman), Harald Tveit Alvestrand, Raimundo
Beca, Steve Crocker, Gonzalo Navarro, Rita Rodin Johnston, Raymond A.
Plzak, George Sadowsky, Mike Silber, Jean-Jacques Subrenat, Bruce
Tonkin, and Katim Touray. 

The following Board Liaisons participated in all or part of the meeting:
Janis Karklins, GAC Liaison; Ram Mohan, SSAC Liaison; Jonne Soininen,
TLG Liaison; and Vanda Scartezini, ALAC Liaison. 

Thomas Narten, IETF Liaison, Rajasekhar Ramaraj and Suzanne Woolf, RSSAC
Liaison, sent apologies. 

This is a preliminary report of the approved resolutions resulting from
the Special Meeting of the ICANN Board of Directors, which took place on
9 December 2009.

A. Consent Agenda 
==================
===================

 1. With Board Finance Committee Approval - Payment of Jones Day
Invoices 
========================================================================
=

RESOLVED (2009.12.09.01) that the President and Chief Executive Officer
is authorized to direct the Chief Financial Officer to pay Jones Day
invoices for services provided in September 2009. 


 2.  Amendment for Partial Bulk Transfer in dot-COM and dot-NET 
===============================================================

Whereas, VeriSign has submitted a request pursuant to ICANN's Registry
Services Evaluation Policy to amend the dot-COM and dot-NET Registry
Agreements to offer partial bulk transfer (also known as Bulk Transfer
After Partial Portfolio Acquisition or BTAPPA). 

Whereas, the ICANN Board previously approved a similar BTAPPA service
requested by Neustar for the dot-BIZ gTLD in November 2006. 

Whereas, ICANN has evaluated the proposed amendments to the dot-COM and
dot-NET Registry Agreements as new registry services pursuant to the
Registry Services Evaluation Policy and has posted amendments for public
comment and Board approval ( http://www.icann.org/registries/rsep/ ). 

It is hereby RESOLVED (2009.12.09.02) that the amendments to Appendix 7
in the dot-COM and dot-NET Registry Agreements are approved, and the
President and General Counsel are authorized to take such actions as
appropriate to implement the amendments. 


 3. From the Security & Stability Advisory Committee - Thank You to
Rajasekhar Ramaraj for his service on SSAC 
========================================================================
========

Whereas, Rajasekhar Ramaraj was appointed to the ICANN Security and
Stability Advisory Committee on 2 November 2007, 

Whereas, ICANN wishes to acknowledge and thank Rajasekhar Ramaraj for
his service to the Internet community by membership on the Security and
Stability Advisory Committee. 

It is RESOLVED (2009.12.09.03), that Rajasekhar Ramaraj has earned the
deep appreciation of the Board for his service to ICANN by his
membership on the SSAC, and that the Board wishes Ramaraj well in all
future endeavors. 

Resolutions 2009.12.09.01; 2009.12.09.02; and 2009.12.09.03 were
approved in a single vote approving the consent agenda items. All Board
Members present unanimously approved these resolutions. 


B. Regular Agenda 
=================
=================

 1. [With Board Finance Committee Approval] - Approval of Lease for
Washington D.C. Office Space 
========================================================================
============

The Board received a request for discussion of ICANN's global presence
at the next meeting of the Board of Directors to address further
expansion of office locations outside of the United States. 

The Board then took the following action: 

Whereas, ICANN has a need for office space in Washington, DC to meet
needs for current and future staff; including the Vice President of
Government Affairs, 

Whereas, ICANN has an organization benefit in maintaining a geographic
presence in a leading center of government and in geographic proximity
of major registry and registrar operators, 

Whereas, future ICANN staff growth is likely to be outside of the
existing offices in Marina del Rey, CA and likely to increase in other
parts of the U.S. and the World; 

It is hereby RESOLVED (2009.12.09.04) that the ICANN Board authorize
either the Chief Operating Officer or the Chief Financial Officer to
negotiate and finalize a lease for office space in Washington, DC on
commercially reasonable terms, for approximately 6,000 square feet of
space, not to exceed a ten year term, and for total occupancy costs to
start out at less than $400,000 per year, and not to exceed $600,000 per
year during the lease term. 

One Board member abstained from voting on this resolution.  All
remaining Board members in attendance approved of this resolution.  The
resolution passed. 


 2. President's Report 
====================

The Board received a report from the President regarding ICANN's recent
work, activities and achievements, including efforts on strengthening
ICANN's global relationships. 


 3. Affirmation of Commitment Reviews 
=====================================

The Board received a report from staff regarding ICANN's planning work
underway to facilitate the identification of review teams and
commencement of the community-based reviews identified within the
Affirmations document. 

The Board discussed additional items that should be considered, and
stressed the community nature of the reviews. 


 4. Plan for Expressions of Interest 
==================================

The Board received a presentation from staff outlining the work done in
response to the Board's resolution passed in Seoul directing staff to
provide a plan for Board consideration regarding a call for "expressions
of interest" in the New gTLD program. 

The Board then discussed the proposed plan and took the following
action: 

Whereas the ICANN Board has passed a resolution in Seoul directing ICANN
staff to study the potential impact of a call for formal "expressions of
interest", and provide a plan for Board consideration in December 2009,
including possible options and a risk analysis relating to a proposed
action; 

Whereas ICANN staff has presented an analysis of the potential benefits
of an Expressions of Interest (EOI) process, and has developed a
preliminary EOI process model for ICANN Board discussion; 

Whereas the board discussion has resulted in some preliminary
determinations pending formalizing the EOI process model and obtaining
public comment on those determinations; 

Resolved, (2009.12.09.05), ICANN staff is hereby directed to record and
publish for public comment the risks and considerations considered by
the board and the ICANN Board's determinations on the EOI process model.
Staff is also directed to continue undertaking additional analysis on
those determinations. 

Resolved, (2009.12.09.06), ICANN staff shall summarize: a) the public
comments resulting from the publication of the risks and considerations
considered by the board, b) ICANN Board's determinations on the EOI
process model, and c) the additional staff analysis undertaken; and
present that summary to the ICANN Board.  Further, along with that
summary ICANN staff shall present a proposed EOI process model for
approval at the ICANN Board's February 2010 meeting. 

All Board members in attendance unanimously approved of the resolutions 


 5.  Updated Project Plan on New gTLDs 
====================================

The Board received an update from staff regarding assumptions and
interdepedencies affecting the project planning for New gTLDs and
provided further guidance and input. 


  6. New GNSO Constituency Applications 
=====================================

The Board discussed the fact that work was continuing on one of the four
new GNSO Constituency Applications. 

The Board then took the following action: 

Whereas, The Board has received four formal petitions for the creation
of four new GNSO Constituencies, the first formal requests for new GNSO
constituencies in a decade; 

Whereas, Each petition has been subjected to a two-phase, public process
that was instituted as part of the GNSO Improvements effort, and Public
Comment Forums for all four petitions have concluded; 

It is RESOLVED (2009.12.09.07) that: 

1. The Board is pleased with the response of the community in organizing
these four prospective new Constituencies and in completing the various
notifications, petitions, and charter documents designed to formally
seek Board recognition and approval; 

2. The Board thanks and acknowledges the work of the four Constituency
proponents for their perseverance and dedication in attempting to
further the evolution and representativeness of the GNSO; 

3. The Board appreciates the work done by proponents of the CyberSafety
Constituency (CSC), including its most recent response to various Board
member and community questions and concerns. The Board, after careful
reconsideration, has determined that this petition does not satisfy the
standards for a new GNSO Constituency established by the Board; thus,
the petition is not approved. Those individuals, groups, and
organizations who have been involved with the CyberSafety proposal are
encouraged to remain active within ICANN and, where applicable, seek to
join other approved Constituencies. 

4. The Board appreciates the work done by proponents of the City TLD
Constituency; however, that petition is not approved on the basis that
the Registries SG will be organized as a grouping of individually
contracted Registries rather than as a grouping of Constituencies; as
such, each City will be eligible to join the RySG once it signs a formal
ICANN contract as a registry operator. In the interim, the proposed RySG
Charter provides for "observer" status for any City TLD proponent
interested in becoming an ICANN gTLD Registry. 

5. The IDNgTLD Constituency petition, as presently formulated does not
appear to be focused enough to be eligible for any single Stakeholder
Group, is not comprised solely of non-governmental entities, and
apparently is not focused on gTLD policies beyond non-Latin script IDNs.
The Board acknowledges and thanks the IDNgTLD Constituency petitioners
for their interest and effort, and welcomes further input on the
structural and membership concerns raised. 

One Board member abstained from voting on this resolution. All remaining
Board members in attendance approved of this resolution. The resolution
passed. 


 7. Update on IDN FastTrack Applications 
======================================

In the interest of time, the Chairman directed staff to provide an
update via email. 


 8. Update on Strategic Plan
========================== 

In the interest of time, the Chairman deferred an update and reminded
the Board to provide input as requested into the Strategic Planning
Process. 


 9. Reforecast of FY10 Budget 
===========================

The Board received a short update from staff regarding budget
reforecasting activities and provided suggestions of additional
information that could be of use in a Board review. 


 10.  Redelegation of .CO 
========================

The Board took the following action: 

Whereas, "CO" is the ISO 3166-1 two-letter country-code designated for
Colombia; 

Whereas, ICANN has received a request for redelegation of .CO to .CO
Internet S.A.S.; 

Whereas, ICANN has reviewed the request, and has determined that the
proposed redelegation would be in the interests of the local and global
Internet communities. 

It is hereby RESOLVED (2009.12.09.08), that the proposed redelegation of
the .CO domain to .CO Internet S.A.S. is approved. 

All Board members in attendance unanimously approved of this resolution.


The Chairman of the Board expressed his thanks to all working in the
IANA Functions department for their work on this matter. 


 11.  Any Other Business 
========================

a. .POST Sponsorship Agreement 

The Board took the following action, following on from the recently
closed public comment period: 

Whereas, the Universal Postal Union (UPU) applied for the .POST
sponsored top-level domain in 2004 during the application round for
sponsored new gTLDs; 

Whereas, ICANN and the UPU conducted extensive, time consuming and
challenging negotiations to overcome a number of contracting issues
unique to the UPU as a result of its status as an intergovernmental
organization and specialized agency of the United Nations; 

Whereas, ICANN and the UPU concluded their negotiation with an agreement
in principle in October 2009; 

Whereas, the proposed .POST Sponsorship Agreement was posted for public
comment on 2 November 2009, and two comments were received, and both
were reviewed with the board; 

It is hereby RESOLVED (2009.12.09.09) that the .POST Sponsorship
Agreement is approved, and the President and CEO is authorized to take
such actions as appropriate to implement the agreement. 

All Board members in attendance unanimously approved of this resolution.


The President expressed his thanks for the work on this item. 


b. Other 

The Board requested staff to provide an update on the review of economic
studies. 


C.Executive Session 
====================
====================

The Board conducted an executive session, without staff present, in
confidence, and all resolutions passed in the executive session, were
held confidentially. 

The board meeting was adjourned at 23.14 UTC.