[council] RE: Is the new TLD program delayed already?

[Craig Schwartz <craig.schwartz@xxxxxxxxx>]

FYI - Materials for discussion at an ICANN meeting are to be published no later 
than three business weeks (15 working days) before the start of the meeting. By 
my calculations that makes the deadline Monday, 15 November.


Craig Schwartz
Chief gTLD Registry Liaison
ICANN

From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On 
Behalf Of Adrian Kinderis
Sent: Thursday, November 11, 2010 4:49 PM
To: 'Council GNSO'
Subject: [council] Is the new TLD program delayed already?

Chuck,

Forget the rhetoric but is there any truth to the core point that is raised 
(given the timelines?).

Perhaps we can direct a question to staff?

Adrian Kinderis
Is the new TLD program already 
delayed?<http://domainincite.com/is-the-new-tld-program-already-delayed/>
Kevin Murphy<http://domainincite.com/about>, November 10, 2010, 12:34:15 (UTC), 
Domain Registries<http://domainincite.com/category/domain-registries/>

ICANN has missed the first target date on its recently approved new top-level 
domains launch timetable.

The organization was due to publish its proposed final Applicant Guidebook for 
public comment yesterday, but has failed to do so.

Rumor<http://twitter.com/#%21/jintlaw/status/2202733633343488> has it that it 
could be tomorrow or Friday before the AGB is published.

Could there be a knock-on effect? Does this mean that the process as a whole, 
scheduled to see the first round of new TLD applications open May 30, 2011, is 
already delayed?

Be warned, I'm just thinking aloud here. This is pure, idle speculation.

Two thoughts occur to me.

First, does this delay mean that ICANN will not be able to vote on the AGB at 
its December 10 meeting, as planned?

Second, does this delay create a scenario in which the program's opponents will 
be able to lobby for further delays?

The original, quite tight 
timetable<http://icann.org/en/topics/new-gtlds/new-gtld-work-plan-28oct10-en.pdf>
 called for a November 9 AGB publication date and the immediate launch of a 
30-day public comment period.

Doors would have closed to feedback on December 9, the day before the next 
ICANN board meeting.

With the AGB publication deadline now missed, and if ICANN otherwise sticks to 
its plan, a 30-day comment window would still be open when the board convenes 
in Cartagena.

Since ICANN is not in the habit of voting on issues that are still subject to 
open comment periods, my guess is that its best bet now will be to tighten the 
schedule.

While the board has seemingly okayed 30 days for community input, I'm not sure 
how binding that is, and my reading of ICANN's bylaws suggests that it could be 
quite easily be reduced to anything as short as 21 days.

A comment period that lasted beyond December 10 would enable an organization 
opposed to the new TLD program to submit comments after the vote has been cast, 
allowing no time for the board to consider them.

This seemingly counter-intuitive move would however create grounds for a 
subsequent Reconsideration Request if the AGB is approved in Colombia, 
potentially delaying the process.

Would this be a clever strategy? I doubt it. Reconsideration Requests rarely 
work, and are hardly the most effective way to have your views heard within 
ICANN.

Still, these are strange times, and anything seems 
possible<http://domainincite.com/icann-drops-the-bomb-%e2%80%93-registries-can-buy-registrars/>.

One thing is certain, given the enthusiastic reception the recent publication 
of the 
timetable<http://domainincite.com/new-tld-applications-to-open-may-2011/> 
received, it will be dispiriting to many today to see that ICANN has already 
missed its first deliverable date.