[council] Motion to Approve Amended Version of Process B in Final Report on Proposals for Improvements to RAA with regard to High and Medium Priority Topics described in the Final Report
All,
I hereby submit for action at our October 6 meeting a motion to approve an
amended version of the process specified as Process B in the Final Report on
Proposals for Improvements to the Registrar Accreditation Agreement ("Final
Report") to develop a new form of RAA with respect to the High and Medium
Priority topics described in the Final Report. For convenience, I attach the
motion in document form and provide a redline against a previous version of
this motion that did not pass in our April 7 meeting.
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Whereas, on 4 March 2009, the GNSO Council approved the form of the 2009
Registrar Accreditation Agreement (RAA) developed as a result of a lengthy
consultative process initiated by ICANN;
Whereas, in addition to approving the 2009 RAA, on 4 March 2009 the GNSO
Council convened a joint drafting team with members of the At-Large Community,
to conduct further work related to improvements to the RAA; specifically to:
(a) draft a charter identifying registrant rights and responsibilities; and (b)
develop a specific process to identify additional potential amendments to the
RAA on which further action may be desirable;
Whereas, on 18 October 2010, the Joint GNSO/ALAC RAA Drafting Team published
its Final Report describing specific recommendations and proposals to the GNSO
Council for improvements to the RAA;
Whereas, the GNSO Council has reviewed the Final Report and, in its resolution
20110113-2, the GNSO Council approved of the Form of Registrant Rights and
Responsibilities Charter as described in Annex D of the Final Report and
recommended that Staff commence the consultation process with Registrars in the
RAA to finalize the Registrant Rights and Responsibilities Charter for posting
on the websites of Registrars as specified in Section 3.15 of the RAA;
Whereas, a GNSO Council motion recommending that Staff adopt the process
specified as Process A in the Final Report to develop a new form of RAA with
respect to the High and Medium Priority topics described in the Final Report
did not pass;
Whereas, a previous GNSO Council motion to approve an amended version of the
process specified as Process B in the Final Report to develop a new form of RAA
with respect to the High and Medium Priority topics described in the Final
Report did not pass at the GNSO Council's April 7, 2011 meeting;
Whereas, the GNSO Council desires to approve a further amended version of the
process specified as Process B in the Final Report to develop a new form of RAA
with respect to the High and Medium Priority topics described in the Final
Report.
NOW THEREFORE, BE IT:
RESOLVED, that the GNSO Council recommends that Staff adopt an amended version
of the process specified as Process B in the Final Report to develop a new form
of RAA with respect to the High and Medium Priority topics described in the
Final Report. As amended herein, Process B entails:
1. The GNSO Council requests that the ICANN Office of the General Counsel
review the prioritized list of topics as set forth in the Final Report and
identify any topics that would require consensus policy development rather than
RAA contract amendment. The GNSO Council requests that the Office of the
General Counsel complete and publish on the ICANN website the outcome of such
review and identification not later than seventy-five (75) days after the date
of this resolution.
2. ICANN Staff will schedule a public consultation, to be held at the first
ICANN public meeting that occurs after completion of the review in Step 1, to
provide members of the ICANN community with the opportunity to articulate their
support of and/or objection to the High and Medium Priority topics described in
the Final Report.
3. Within sixty (60) days after the public consultation described in Step 2,
negotiations begin with the Negotiating Group consisting of ICANN Staff and the
Registrar Stakeholder Group (as a whole).
4. The Negotiating Group shall provide, for public comment, bimonthly written
reports on the status and progress of the negotiations. Such reports shall
include proposed text under consideration and identify items and text agreed
upon by the Negotiating Group. Each bimonthly report shall identify the status
of (a) topics identified in the Final Report as High or Medium Priority and
that were not determined in Step 1 as requiring consensus policy development;
and (b) proposed amendments put forth by any Stakeholder Group, Constituency,
and/or Advisory Committee; and shall identify such topics, if any, that have
been rejected by the Negotiating Group (collectively, the "Rejected Topics and
Amendments").
5. The Negotiating Group shall review public comments received and continue
negotiations as necessary. Steps 4 and 5 shall repeat as necessary; provided,
however, that the full final draft of the new RAA must be posted for public
comment not later than March 4, 2013.
6. Subject to the date requirement in Step 5, ICANN Staff and the Registrar
Stakeholder Group shall determine when the full final draft of the new RAA is
ready to be posted for public comment. The full final draft of the new RAA that
is posted for public comment shall be accompanied by a detailed written
explanation, approved by both Staff and the Registrar Stakeholder Group, that
sets forth the basis for the rejection of all Rejected Topics and Amendments.
7. The GNSO Council shall review the full final draft of the new RAA, consider
public comments, and vote on approval of the draft new RAA. A Supermajority
vote of the GNSO Council is required to approve the new RAA.
8. If the GNSO Council approves the new RAA, the new RAA goes to Board for
approval.
9. If the GNSO Council does not approve the new RAA, the new RAA is sent back
to the Negotiating Group with appropriate feedback for reconsideration. Repeat
from step 7.
RESOLVED FURTHER, that the GNSO Council recommends that this process be
initiated by ICANN immediately.
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Sincerely yours,
Kristina
Kristina Rosette
Covington & Burling LLP
1201 Pennsylvania Avenue, N.W.
Washington, DC 20004-2401
voice: 202-662-5173
direct fax: 202-778-5173
main fax: 202-662-6291
e-mail: krosette@xxxxxxx
www.cov.com/krosette
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Attachment:
09282011 RAA motion Amended Process B.DOC Attachment:
redline RAA motion Amended Process B.DOC
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