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[council] Proposed Final New gTLD Registry Agreement - Open for Public Comments
- To: GNSO Council List <council@xxxxxxxxxxxxxx>
- Subject: [council] Proposed Final New gTLD Registry Agreement - Open for Public Comments
- From: Glen de Saint Géry <Glen@xxxxxxxxx>
- Date: Tue, 30 Apr 2013 00:18:04 -0700
- Accept-language: fr-FR, en-US
- Acceptlanguage: fr-FR, en-US
- List-id: council@xxxxxxxxxxxxxx
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- Thread-index: Ac5FctSOhRmT/sjbTFa5Pa3/cn+z2A==
- Thread-topic: Proposed Final New gTLD Registry Agreement - Open for Public Comments
http://www.icann.org/en/news/announcements/announcement-29apr13-en.htm
Proposed Final New gTLD Registry Agreement
Comment / Reply Periods (*)
Comment Open Date: 29 April 2013
Comment Close Date: 20 May 2013 - 23:59 UTC
Reply Open Date: 21 May 2013
Reply Close Date: 11 June 2013 - 23:59 UTC
Important Information Links
Public Comment
Announcement<http://www.icann.org/en/news/announcements/announcement-29apr13-en.htm>
To Submit Your Comments
(Forum)<mailto:comments-base-agreement-29apr13@xxxxxxxxx>
View Comments
Submitted<http://forum.icann.org/lists/comments-base-agreement-29apr13/>
Brief Overview
Originating Organization:
ICANN
Categories/Tags:
* Top-Level Domains
Purpose (Brief):
ICANN is seeking public comment on a revised draft of the New gTLD Registry
Agreement that will serve as the contractual document between successful New
gTLD Applicants and ICANN, and will govern the rights and obligations of new
gTLD registry operators. ICANN has made certain updates and changes to the New
gTLD Registry Agreement in response to community feedback on the version of the
New gTLD Registry Agreement posted for public comment on 5 February 2013 and
discussions of the New gTLD Registry Agreement at the ICANN 46 meeting in
Beijing, China 7-11 April 2013.
Current Status:
On 5 February 2013 ICANN posted a revised version of the New gTLD Registry
Agreement for the community's information and review. Based on community
feedback during the ICANN 46 meeting in Beijing, ICANN and the Registry
Agreement Negotiating Team have continued to negotiate the proposed terms of
the New gTLD Registry Agreement.
Next Steps:
After review of the public comments received, the ICANN Board will consider the
adoption of the revised New gTLD Registry Agreement.
Staff Contact:
Daniel Halloran
Email Staff
Contact<mailto:daniel.halloran@xxxxxxxxx?subject=More%20information%20on%20the%20Proposed%20Final%20New%20gTLD%20Registry%20Agreement%20public%20comment%20period>
Detailed Information
Section I: Description, Explanation, and Purpose:
ICANN is posting today for public comment the proposed final New gTLD Registry
Agreement that will be entered into between ICANN and successful new gTLD
applicants. The proposed final agreement is the result of several months of
negotiations, formal community feedback during a public comment forum initiated
on 5 February 2013, and meetings with various stakeholders and communities. The
proposed final draft also includes feedback from the ICANN community at the
ICANN 46 Meeting on 7-11 April 2013 in Beijing. (Note: this version of the
agreement does not address the recent Beijing GAC Communiqué.) Included in the
proposed revisions are the following:
* Agreement Amendment Procedures: The amendment procedures have been
substantially reworked to provide greater clarity and procedural safeguards. A
new mechanism for bilateral negotiation of amendments to the agreements has
been added, including provision for public comment on proposed revisions and
potential arbitration of some classes of proposed amendments.
* Confidentiality Provision: A new confidentiality provision was inserted to
ensure appropriate treatment of confidential information provided by a party to
the other under the Agreement.
* Reserved Names: Proposed revisions to Specification 5 would clarify the
reserved names requirements, including a provision addressing registry operator
use of names for the operation or the promotion of the TLD (capped at 100
names).
Section II: Background:
After the ICANN Board approves the final terms of the New gTLD Registry
Agreement, it will serve as the contractual document between successful New
gTLD Applicants and ICANN, and will govern the rights and obligations of new
gTLD registry operators.
On 5 February 2013 ICANN posted a proposed "Revised New gTLD Registry Agreement
Including Additional Public Interest Commitments
Specification<http://www.icann.org/en/news/announcements/announcement-3-05feb13-en.htm>."
In that posting ICANN announced revisions to the agreement in response to
developments since the last posting of the Applicant Guidebook in June 2012 and
a general review of the contractual needs of the new gTLD program.
Since February 5, ICANN hosted two
webinars<http://newgtlds.icann.org/en/announcements-and-media/webinars> (6
March 2013 and 26 March 2013), held meetings with stakeholders, and initiated
an official public comment period from 5 February 2013 to 20 March 2013 to
provide the community opportunities to give feedback on revisions to this key
agreement. A summary and analysis of the public comments received can be
reviewed at:
http://www.icann.org/en/news/public-comment/report-comments-base-agreement-01apr13-en.pdf
[PDF, 508 KB]. An interim revised draft of the agreement was posted for
information on the ICANN Blog on 1 April
2013<http://blog.icann.org/2013/04/revised-registry-agreement-posted-for-review/>.
(Please note that this version of the agreement does not address the recent
Beijing GAC
Communiqué<http://www.icann.org/en/news/correspondence/gac-to-board-18apr13-en.pdf>
[PDF, 156 KB]. The community is invited to provide feedback on how the ICANN
Board New gTLD Program Committee should address GAC Advice on New gTLDs by
submitting a comment to that public comment forum at
http://www.icann.org/en/news/public-comment/gac-safeguard-advice-23apr13-en.htm.)
The Registry Agreement Negotiating Team asked ICANN to publish the following
statement:
"The Registry Agreement Negotiation Team (RA-NT) is an ad-hoc group of
volunteers from the Registry SG, NTAG, BRG, and individual applicants. This
team was formed during the Beijing ICANN meeting in response to substantial
changes proposed by ICANN on April 1, 2013. The RA-NT agreed to review the new
gTLD Registry Agreement with ICANN staff in an effort to minimize some of the
more controversial aspects of the Agreement for applicants as a whole. While
participants reflected a variety of perspectives, the team did not "represent"
or have any authority to "speak for" new gTLD applicants generally, or any
group of applicants. The team's discussions with ICANN focused on a limited set
of the most controversial and broadly applicable aspects of ICANN's proposed
changes to the registry agreement published in the final New gTLD Application
Guidebook. Applicants may disagree with the way these controversial issues are
addressed in the draft, and may have concerns or comments about issues in the
proposed agreement that the negotiating team did not discuss with ICANN.
Further, not all members of the negotiating team agreed on every point.
"The form of the Registry Agreement may be subject to additional changes in
response to the public comment period. Also, as noted in 5.1 of the Applicant
Guidebook, 'Applicants may request and negotiate terms by exception; however,
this extends the time involved in executing the agreement.' All applicants are
encouraged to review this draft."
Section III: Document and Resource Links:
* Revised gTLD Registry Agreement 2013-04-29
(clean)<http://newgtlds.icann.org/en/applicants/agb/base-agreement-specs-29apr13-en.pdf>
[PDF, 600 KB]
* Revised gTLD Registry Agreement
(redline)<http://newgtlds.icann.org/en/applicants/agb/base-agreement-specs-redline-29apr13-en.pdf>
[PDF, 515 KB]
* Summary of
Changes<http://newgtlds.icann.org/en/applicants/agb/base-agreement-specs-summary-changes-29apr13-en.pdf>
[PDF, 278 KB]
* Beijing GAC Communiqué
2013-04-11<http://www.icann.org/en/news/correspondence/gac-to-board-18apr13-en.pdf>
[PDF, 156 KB]
* Draft gTLD Registry Agreement, 2013-04-01
version<http://blog.icann.org/2013/04/revised-registry-agreement-posted-for-review/>
* Draft gTLD Registry Agreement, 2013-02-05
version<http://www.icann.org/en/news/public-comment/base-agreement-05feb13-en.htm>
* Draft gTLD Registry Agreement, 2012-06-04
version<http://newgtlds.icann.org/en/applicants/agb/base-agreement-specs-04jun12-en.pdf>
[PDF, 917 KB]
* ICANN Website for New Generic Top-Level Domains Applicant
Guidebook<http://newgtlds.icann.org/en/applicants/agb>
Section IV: Additional Information:
None
________________________________
(*) Comments submitted after the posted Close Date/Time are not guaranteed to
be considered in any final summary, analysis, reporting, or decision-making
that takes place once this period lapses.
Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx<mailto:gnso.secretariat@xxxxxxxxxxxxxx>
http://gnso.icann.org<http://gnso.icann.org/>
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