RE: [registrars] Statement regarding .net

["Paul Stahura" <stahura@xxxxxxxx>]

I think another thing that I saw consensus at the meeting this morning was: due to the decrease in trust, we want assurance that this same thing (removal of fixed fee during contract period, etc) will not happen with .com
 
Also, see below for another appropriate excerpt from another part of the bylaws (note "polices that..substantially effect...thrid parties, including the imposition of any fees or charges" parts):
 

Section 6. NOTICE AND COMMENT ON POLICY ACTIONS

	1. With respect to any policies that are being considered by the Board for adoption that substantially affect the operation of the Internet or third parties, including the imposition of any fees or charges, ICANN shall:

		a. provide public notice on the Website explaining what policies are being considered for adoption and why, at least twenty-one days (and if practical, earlier) prior to any action by the Board; 

		b. provide a reasonable opportunity for parties to comment on the adoption of the proposed policies, to see the comments of others, and to reply to those comments, prior to any action by the Board; and


________________________________

From: owner-registrars@xxxxxxxxxxxxxx on behalf of Bruce Tonkin
Sent: Mon 7/11/2005 7:39 AM
To: registrars@xxxxxxxx
Subject: [registrars] Statement regarding .net



Hello All,

As agreed here is a possible statement for presentation by Bhavin to the
Board during the public forum in Luxembourg.

"Registrars trusted the ICANN Board and ICANN staff to act on behalf of
the ICANN community in negotiating a new contract with Verisign for
.net.

Registrars consider there to be a breach of trust by the ICANN Board and
the ICANN staff in approving a contract with Verisign regarding .net
that contains significant changes from the draft .net agreement posted
on the ICANN website, without public consultation.   We believe this is
a breach of the intent of the transparency provision  (Article III) of
the ICANN bylaws that states that ICANN shall operate to the extent
feasible in an open and transparent manner and consistent with
procedures designed to ensure fairness.

This is not the first time this has happened.   When the new transfers
policy was implemented, Verisign negotiated a change in the
registry-registrar agreement with the ICANN staff, which was approved by
the ICANN Board, to accommodate the transfers policy that contained
changes beyond purely for the purposes of the transfers policy without
any public consultation.   ICANN staff gave an undertaking to registrars
that this would not happen again.   It is the registrars view that this
verbal undertaking was breached.

The changes to the .net agreement that specifically concern registrars
are:
- the maximum price ($4.25 including the ICANN registry fee) put forward
by Verisign in the .net application only applies for the first 18 months
of the new agreement.   After that Verisign is free is set any price.
Registrars want the maximum price fixed for the duration of the
agreement.
- Verisign is excluded from new consensus policies that relate to the
introduction of new registry services other than what is in the new .net
agreement.   Registrars want Verisign to continue to be subject to
consensus policies in this area.
- ICANN may not change the above terms in a renewal of the agreement.
Registrars want ICANN to have the ability to negotiate a lower maximum
price at the time of contract renewal."