RE: [council] FW: Draft Motions on Vertical Integration

[Adrian Kinderis <adrian@xxxxxxxxxxxxxxxxxx>]

I second this motion.

Adrian Kinderis


From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On 
Behalf Of Stéphane Van Gelder
Sent: Wednesday, 20 January 2010 12:28 PM
To: Gomes, Chuck
Cc: GNSO Council List
Subject: Re: [council] FW: Draft Motions on Vertical Integration

Chuck,

Please see below a motion that I was intending to make re this issue. Comments 
welcome.

Stéphane

Motion to follow staff recommendations on Vertical Integration Issues Report

Motion by: Stéphane Van Gelder
Second:

Whereas the GNSO Council, at its September 3, 2009 meeting, passed a motion 
requesting Staff to prepare an Issues Report on the topic of Vertical 
Integration Between Registries and Registrars.

Whereas this Issues Report was presented by Staff dated December 11, 2009.

Whereas the GNSO Council discussed this Issues Report during its Teleconference 
of January 7, 2010 and agreed to determine whether to initiate a PDP on this 
issue at its Teleconference of January 28, 2010.

Whereas the Staff recommendations conclude that a PDP should not be initiated 
at this time, highlighting that "due to contractual restrictions, it is 
doubtful that a Consensus Policy could be adopted that would affect existing 
gTLD registries. Thus, a PDP initiated at this time would not be successful in 
achieving a uniform approach to vertical integration affecting new and existing 
gTLD registries, or among new gTLD registries participating in different rounds 
of applications, in the same manner."

Whereas the Staff recommendations are to delay the initiating of a PDP on this 
issue until after the launch of new gTLDs: "Staff recommends that consideration 
of launching a PDP on vertical integration be delayed until after the launch of 
new gTLDs (perhaps 1-2 years) to gather data on the impact of the initial 
distribution model, and to determine whether there has been competitive harm in 
the domain name market."

BE IT NOW RESOLVED:

The GNSO Council will follow Staff recommendations contained in the Issues 
Report dated December 11, 2009 on Vertical Integration Between Registries and 
Registrars and will not initiate a PDP on this issue at this time.

According to Staff recommendations, the GNSO Council will consider initiating a 
PDP on this issue 1 year after the launch of the new gTLD program.

Le 20 janv. 2010 à 00:01, Gomes, Chuck a écrit :


At my request, Margie developed two different draft motions regarding the issue 
of whether or not the Council should initiate a PDP on vertical integration of 
registries and registrars; please see the drafts below.  If anyone is 
interested in making one of these motions or a variation of one of them, I 
encourage you to do so.  A third alternative motion would be one to delay our 
decision on this until a later Council meeting.

The Council Operating Procedures deadline for motions for our 28 Jan meeting is 
tomorrow, 20 January.  Whether any motion is made or not by tomorrow, I will 
ask Glen to post them tomorrow to satisfy the posting deadline.

Chuck

________________________________
From: Margie Milam [mailto:Margie.Milam@xxxxxxxxx]
Sent: Tuesday, January 19, 2010 4:24 PM
To: Gomes, Chuck
Cc: Liz Gasster; Glen de Saint Géry
Subject: Draft Motions on Vertical Integration
Hi Chuck,

As requested,   I drafted  two motions, described below, related to the VI 
Issues Report for your review and consideration.

Best,
Margie


MOTION TO DEFER:
Whereas, on 24 September 2009, the GNSO Council requested ICANN Staff to 
prepare an Issues Report on the topic of vertical integration between 
registries and registrars;
Whereas, on 11 December 2009, the Issues Report on Vertical Integration between 
Registries and Registrars was delivered to the GNSO Council;
Whereas, the Issues Report includes recommendations that the GNSO delay the 
initiation of a PDP for a period of 1 - 2 years;
Now therefore, be it:
RESOLVED, that the GNSO Council has reviewed the recommendations contained in 
the Issues Report, and, after consideration of the implementation timeline 
associated with the New gTLD Program, declines to initiate a PDP at this time;
FURTHER RESOLVED, that the GNSO Council recommends that any Stakeholder Group 
or Constituency affected by this issue actively participate in the 
implementation activities conducted by ICANN for the New gTLD Program;
RESOLVED FURTHER, that the GNSO Council shall reevaluate whether to initiate a 
PDP on the topic of vertical integration two years after the launch of the 
initial round of New gTLD applications.

MOTION TO COMMENCE A PDP:

Whereas, on 24 September 2009, the GNSO Council requested ICANN Staff to 
prepare an Issues Report on the topic of vertical integration between 
registries and registrars;
Whereas, on 11 December 2009, the Issues Report on Vertical Integration between 
Registries and Registrars was delivered to the GNSO Council;
Whereas, the Issues Report includes recommendations that the GNSO Council delay 
the initiation of a PDP for a period of 1-2 years;
Whereas, notwithstanding the recommendations in the Issue Report, the GNSO 
Council has decided to initiate a PDP on Vertical Integration between 
Registries and Registrars;
Whereas, the GNSO council has decided against initiating a Task force as 
defined in the ICANN Bylaws;
Now therefore, be it:
RESOLVED, that the GNSO Council has reviewed the recommendations contained in 
the Issues Report, and nonetheless approves the initiation of a PDP on the 
topic of Vertical Integration between Registries and Registrars;
FURTHER RESOLVED, that the PDP shall evaluate which policy recommendations, if 
any,  should be developed on the topic of vertical integration between 
registrars and registries affecting both new gTLDs and existing gTLDs, as may 
be possible under existing contracts and as allowed under the ICANN Bylaws;
FURTHER RESOLVED, recognizing that this PDP may not conclude its work in time 
to affect the initial round of New gTLD applications, the GNSO Council 
recommends that any Stakeholder Group or Constituency affected by this issue 
actively participate in the implementation activities conducted by ICANN for 
the New gTLD program;
FURTHER RESOLVED, that the GNSO Council shall convene a drafting team to 
propose a draft charter for a working group to be created to fulfill the 
requirements of the PDP, which draft charter to be delivered approximately 
thirty (30) days from the date of this resolution.