RE: [registrars] Cap it

[Mike Lampson <lampson@xxxxxxxxxxxxxx>]

The Constituency's consensus needs to be in writing and "published" in a
public forum - either in budget-comments or on the ICANN correspondence
page.  If it is simply sent to Kurt Pritz or the budget advisory group, it
will not be "remembered" during the next budget cycle.

There is no value in a 3-year cap on fees unless it is written in a contract
somewhere.  It will either be forgotten or claimed as (an unachieved) "goal"
during the next budget cycle.

Mike Lampson
The Registry at Info Avenue, LLC


-----Original Message-----
From: owner-registrars@xxxxxxxxxxxxxx
[mailto:owner-registrars@xxxxxxxxxxxxxx]On Behalf Of Elana Broitman
Sent: Friday, May 28, 2004 2:34 PM
To: Tim Ruiz; Paul Stahura
Cc: Rob Hall; Registrars Constituency
Subject: RE: [registrars] Cap it


Without opining on the substance, I would support Tim's suggestion. We don't
need a vote here. The role of the BAG is to take the constituency's
consensus and represent it to ICANN.  Let's do that via email and on the
call on Tuesday.  We will commit to represent this fully to ICANN.

Furthermore, we all effectively "vote" by supporting the budget or
abstaining. We can make clear to ICANN that the registrars needed to support
the budget would only do so if this commitment were documented, so that we
could formally rely on it.

Elana Broitman
Register.com
575 Eighth Avenue
New York, NY 10018
Phone (212) 798-9215
> EFax  (800) 886-2716
Fax   (212) 629-9309
ebroitman@xxxxxxxxxxxx


-----Original Message-----
From: owner-registrars@xxxxxxxxxxxxxx
[mailto:owner-registrars@xxxxxxxxxxxxxx]On Behalf Of Tim Ruiz
Sent: Friday, May 28, 2004 1:45 PM
To: 'Paul Stahura'; 'Jay Westerdal'; 'Monte Cahn'; ross@xxxxxxxxxx
Cc: 'Rob Hall'; 'Jean-Michel Becar'; 'Registrars Constituency'
Subject: RE: [registrars] Cap it


Okay, I understand it now. Would it be Okay if the Budget Advisory Group
reps took this up with Kurt and the staff instead of the ExCom?

We'd ask for a formal commitment that the transaction and per-registrar
fees, however those fall in or out, be capped at the agreed upon level for a
3-year period.

If the other two BAG reps agree, and no one on the list objects, does it
really require a vote to pursue? We should also bring this up when we all
meet with Kurt again as a group.

Tim


-----Original Message-----
From: Paul Stahura [mailto:stahura@xxxxxxxx]
Sent: Friday, May 28, 2004 11:06 AM
To: 'Tim Ruiz'; 'Jay Westerdal'; 'Monte Cahn'; ross@xxxxxxxxxx
Cc: 'Rob Hall'; 'Jean-Michel Becar'; 'Registrars Constituency'
Subject: RE: [registrars] Cap it

My interpretation of what Kurt said in his email tells me that it would not
take much.  Therefore the motion directs excom to communicate with ICANN so
that when we are asked to vote on the budget (the "2/3 required" vote) that
ICANN include the "cap it" commitment with the budget request that we are
voting on (whatever the model and amount of that turns out to be in the
end).  The "cap it" commitment would be that, for the length of the budget
(I think it is 3 years?), the model ($X per registrar-year and $.Y per
transaction name-year) and the amount (the X and Y) does not increase. Note
that this does not cap our contribution to the budget (number of registrars
and number of transactions can increase or decrease).  We should still
retain our ability to vote again 1 and 2 years from now, even though we
would be at the cap limit.

Paul


-----Original Message-----
From: Tim Ruiz [mailto:tim@xxxxxxxxxxx]
Sent: Friday, May 28, 2004 9:34 AM
To: 'Jay Westerdal'; 'Paul Stahura'; 'Monte Cahn'; ross@xxxxxxxxxx
Cc: 'Rob Hall'; 'Jean-Michel Becar'; 'Registrars Constituency'
Subject: RE: [registrars] Cap it

What exactly is the motion directing the ExCom to do?  And what mechanism
will the ExCom use to accomplish it?

-----Original Message-----
From: Jay Westerdal [mailto:jwesterdal@xxxxxxxxxxxxx]
Sent: Friday, May 28, 2004 10:26 AM
To: 'Paul Stahura'; 'Monte Cahn'; 'Tim Ruiz'; ross@xxxxxxxxxx
Cc: 'Rob Hall'; 'Jean-Michel Becar'; 'Registrars Constituency'
Subject: RE: [registrars] Cap it

I second Paul's motion.

Jay Westerdal
Name Intelligence, Inc.
http://www.nameintelligence.com

-----Original Message-----
From: owner-registrars@xxxxxxxxxxxxxx
[mailto:owner-registrars@xxxxxxxxxxxxxx] On Behalf Of Paul Stahura
Sent: Thursday, May 27, 2004 6:32 PM
To: 'Monte Cahn'; 'Tim Ruiz'; ross@xxxxxxxxxx
Cc: 'Rob Hall'; 'Jean-Michel Becar'; 'Registrars Constituency'
Subject: [registrars] Cap it

I agree with Monte.
We need to draw a line in the sand this year, regardless.
I said so last year.
Last time, I said,
"I believe we need to make clear to ICANN now that we will not support any
increase in fees to registrars."
and
"We need to warn ICANN now that while we may or may not support a budget
increase, that the increase, if any, not be born by the registrars."
(You can read the rest in our archive
http://www.gnso.icann.org/mailing-lists/archives/registrars/msg01073.html )

We did not to that, but it is better late than never.

Let's not wait yet another year.
I still believe the only way we can stop these year-after-year increases is
to have our own cap.

Kurt said in his 5/19 email:
"Where the budget ascribed to holding the 25 cent fee constant, it should
also be taken as making the same commitment to the per annum fee."

Regardless of the rest, we need to at least get this commitment formalized
before any budget-voting happens.  So I move we authorize excom to do so.

Paul



-----Original Message-----
From: owner-registrars@xxxxxxxxxxxxxx
[mailto:owner-registrars@xxxxxxxxxxxxxx] On Behalf Of Monte Cahn
Sent: Thursday, May 27, 2004 12:56 PM
To: 'Tim Ruiz'; ross@xxxxxxxxxx
Cc: 'Rob Hall'; 'Jean-Michel Becar'; 'Registrars Constituency'
Subject: RE: [registrars] 66% needed for approval

Well - it appears we are not left in a very good position today.  I feel
that just laying over and letting this happen without putting forth a firm
stance on what our position is on this issue is a big mistake.  Look what
just happened to us as Registrars this year.  What makes you think that this
process will not continue next year (or in 3 years) and the year after.
Let's not be afraid to make a stance with ICANN, we are being too easy on
this issue.  Look at the letter that Paul Kane put out.  Be the squeaky
wheel that needs oil!

Let's draw a definite line in the sand regardless of what happens to us this
year so that next year/years we do use our leverage with the registries and
other sources to supplement the increase yet to come.   Also we are spending
way too much time away from our business complaining, disagreeing with each
other based on our relative business models and size.  Don't you think that
ICANN knows that the top 10 Registrars control 80% of the domains today and
the reason they were consulted with only them?  Although I see that top 10
picture changing over the next 12 months, it is important that we all stay
unified and together as a group on the future of our industry.  Internet
users are predicted to double again in the next 3-5 years and we can all
share in the registrations and complementary services if we stay together.

Just my thoughts.


Monte Cahn
Founder/CEO

Monte@xxxxxxxxxxx
Monte@xxxxxxxxxxxxxxxxx

O - 954-984-8445
F - 954-969-9155

Moniker.com - ICANN Accredited Corporate Domain Management Services
DomainSystems.com - Domain Sales & After-market Services
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-----Original Message-----
From: Tim Ruiz [mailto:tim@xxxxxxxxxxx]
Sent: Thursday, May 27, 2004 3:30 PM
To: ross@xxxxxxxxxx; 'Monte Cahn'
Cc: 'Rob Hall'; 'Jean-Michel Becar'; 'Registrars Constituency'
Subject: RE: [registrars] 66% needed for approval

Exactly. Also, once they have this worked out where do you think that is
going to leave us next year and the year after that as far as having a
significant voice in this process?

Tim


-----Original Message-----
From: owner-registrars@xxxxxxxxxxxxxx
[mailto:owner-registrars@xxxxxxxxxxxxxx] On Behalf Of Ross Wm. Rader
Sent: Thursday, May 27, 2004 8:58 AM
To: Monte Cahn
Cc: 'Rob Hall'; 'Jean-Michel Becar'; 'Registrars Constituency'
Subject: Re: [registrars] 66% needed for approval

On 5/27/2004 10:41 AM Monte Cahn noted that:

> I think we are on to something here.....

Doubtful. It only requires the consent of ICANN to modify this contract.
  I think it would be pretty easy for the various registries to draw up a
quick Christmas list of things they want in exchange for signing a revised
contract that lifts these caps. I also expect that this could be done in a
couple of weeks, behind closed doors and likely seal our fate permanently.

The problem of the size of the budget doesn't go away no matter how many
  potential angles we come up with. We can either focus on that or, in my
opinion, lose (big).
--

                        -rwr








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