[ga] DOC .com approval details

[Danny Younger <dannyyounger@xxxxxxxxx>]

Fact Sheet: Department of Commerce Approval of the
.com Registry Agreement
November 29, 2006

The new agreement was negotiated with VeriSign, Inc.,
as part of a settlement of ongoing litigation between
the Internet Corporation for Assigned Names and
Numbers (ICANN) and VeriSign.  Under the terms of the
Memorandum of Understanding with ICANN, any changes
made to the current .com Registry Agreement must be
approved by the Department of Commerce.  The new .com
Registry Agreement was approved on November 29, 2006. 
On March 3, 2006, ICANN, which manages the technical
functions relating to the Internet domain name and
addressing system, submitted a proposed new .com
Registry Agreement to the Department of Commerce for
its approval. 

The new agreement reflects comments that ICANN
received during two public comment periods undertaken
prior to submission to the Department of Commerce. 
Over the past nine months, the Department of Commerce
undertook a comprehensive review to determine whether
it would be in the public interest to approve the
agreement.  The Department specifically examined
competition and Internet security and stability
issues. 

Department of Commerce officials have met with a
number of interested stakeholders, including
registrars, Internet service providers, search engine
companies, and trade associations who both supported
and opposed the agreement. The Department received
several letters from Members of Congress, both pro and
con. 

The Department also received letters in support of the
settlement from high-tech trade associations
advocating the benefits of the new agreement for the
security and stability of the Internet domain name
system.  

During the course of its review, the Department of
Commerce sought the advice of the Department of
Justice?s Antitrust Division on competition issues
raised by the new .com Registry Agreement.  The
Department also consulted with the federal agencies
with equities in Internet security and stability.  
Congress held hearings associated with ICANN and the
.com registry agreement.  The Senate Commerce
Committee held a hearing on September 20.  The House
Energy and Commerce Committee held a hearing on
September 21. 

Based on the consultations undertaken and advice
received, the Department negotiated Amendment 30 to
its Cooperative Agreement with VeriSign to address
competition issues, including pricing and renewal, and
Internet security and stability concerns. 
Pricing

VeriSign must obtain prior written approval from the
Department of Commerce before any amendments can be
made to the pricing provisions of the agreement or
execution of a renewal or substitution of a future
.com Registry Agreement. 

Department approval of any renewal or substitution
will occur only if it concludes that it will serve the
public interest in the continued security and
stability of the Internet domain name system and the
operation of the .com registry?and the provision of
registry services is offered at reasonable price,
terms, and conditions. 

The Department may seek specific performance of the
pricing terms and competition safeguards in the new
.com Registry Agreement.  

Renewal

VeriSign must obtain prior written approval from the
Department of Commerce before execution of a renewal
or substitution of a future .com Registry Agreement. 
The Department has the right to review the renewal
provisions of any substitution for the new .com
Registry Agreement. 

If the Department fails to approve a renewal or
substitution, VeriSign becomes bound by the terms of
the Cooperative Agreement, which include the ability
of the Department to open a competitive process for
the management of the .com registry. 
Internet Security and Stability

VeriSign must obtain prior written approval from the
Department of Commerce before execution of a renewal
or substitution of a future .com Registry Agreement. 
The Department has the right to review the technical
specifications of any renewal or substitution for the
new .com Registry Agreement. 

Department approval of any renewal or substitution
will occur only if it concludes that it will serve the
public interest in the continued security and
stability of the Internet domain name system and the
operation of the .com registry including, in addition
to other relevant factors, consideration of VeriSign?s
compliance with Consensus Policies and technical
specifications and its service level agreements as set
forth in the Registry Agreement and the investment
associated with improving the security and stability
of the domain name system; and the provision of
registry services offered at reasonable prices. 

Full details on the agreement at
http://www.ntia.doc.gov
http://www.ntia.doc.gov/ntiahome/domainname/agreements/amend30_11292006.pdf




 
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