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

["Mike Rodenbaugh" <icann@xxxxxxxxxxxxxx>]

I make the following motion, as drafted with many thanks by Margie, and
forwarded to the Council list yesterday.  I will (and others likely will)
have some further comments and thoughts on this approach for the Council in
the coming days, and I am open to any friendly amendments.  For now I just
want to make the motion by today?s deadline.  Thanks.

 

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.

 

 

Mike Rodenbaugh

RODENBAUGH LAW

tel/fax:  +1 (415) 738-8087

 <http://rodenbaugh.com/> http://rodenbaugh.com

 

From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On
Behalf Of Adrian Kinderis
Sent: Tuesday, January 19, 2010 5:35 PM
To: Stéphane Van Gelder; Gomes, Chuck
Cc: GNSO Council List
Subject: RE: [council] FW: Draft Motions on Vertical Integration

 

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.