05 August 2004 Proposed agenda and related documents List of attendees: 17 Council Members GNSO Council Rule of Procedures do not limit the number of proxies one person may hold. Kurt Pritz - Vice President, Business Operations Thomas Roessler - ALAC Liaison Michael Palage - ICANN Board (GNSO seat 14) - observer Paul Verhoef - Vice President, Policy Development Support - absent - apologies Glen de Saint G�ry - GNSO Secretariat MP3 Recording Bruce Tonkin and Philip Sheppard chaired this teleconference. Item 1: Approval of Agenda Agenda approved Item 2: Approval of the Minutes of 16 June 2004 and Minutes of 12 July 2004 Bruce Tonkin seconded by Ken Stubbs moved the adoption of the Minutes of 16 June 2004 and the Minutes of 12 July 2004 The motion carried unanimously Decision 1: The Minutes of 16 June 2004 and the Minutes of 12 July 2004 were adopted Item 3: For decision: Criteria for designating a successor for the .net registry Version 9 (revised) Bruce Tonkin, in view of his conflict of interest declaration with respect to vote on .net criteria, handed the chair to Philip Sheppard. Philip Sheppard asked whether there were other conflict of interest declarations. Philip Sheppard read the proposed resolution before Council: "In response to the letter from Paul Verhoef on 31 March 2004 requesting that the GNSO provide advice with a consensus statement defining the criteria to be applied in the selection of a successor registry operator for .net, and in accordance with section 5.2 and 4.3 of the .net registry agreement, the GNSO recommends that the following criteria (as detailed in the Final report of the GNSO subcommittee) be applied: - absolute criteria related to the targeting Alick Wilson commented that he had been entrusted with 4 proxies, that the report before Council had the unanimous supported of the GNSO Council .net subcommittee, that there had been comprehensive opportunity for outreach, that the report had been open to two public comment periods and that the GNSO Constituencies were all consulted. Voting: 21 Votes in favour, 2 votes against (Ken Stubbs), 2 votes as abstentions (Philip Colebrook), 2 votes absent (Lucy Nichols, Niklas Lagergren). The resolution was passed by the GNSO Council. Decision 2: The resolution (as above) on Designating a successor operator for the .net registry was approved as a consensus statement, having a greater than two-thirds majority vote. Ken Stubbs, supported by Marilyn Cade and Cary Karp proposed that the statement crafted at the suggestion of the gTLD registry constituency members at their constituency meeting on August 4 2004, be included as a covering letter to the report. Bruce Tonkin proposed voting by name on the text and proxy votes were reconfirmed. "The GNSO believes that all material provisions of the new .net Agreement should be made known to the public in the draft and final RFPs. This includes, but is not limited to, any information regarding the proposed fee structure to be paid by the subsequent .net registry operator to ICANN. Only with such information can an applicant truly propose a realistic, viable, and appropriate business, technical and financial model. In addition, such information known in advance by the applicants will also help in ensuring a smooth negotiation process with the successor operator after its selection." Voting: 24 votes in favour, 2 votes as abstentions (Marc Schneiders, Jisuk Woo), 1 vote absent (Carlos Afonso). The motion was approved by the GNSO Council. Decision 3: "The GNSO believes that all material provisions of the new .net Agreement should be made known to the public in the draft and final RFPs. This includes, but is not limited to, any information regarding the proposed fee structure to be paid by the subsequent .net registry operator to ICANN. Only with such information can an applicant truly propose a realistic, viable, and appropriate business, technical and financial model. In addition, such information known in advance by the applicants will also help in ensuring a smooth negotiation process with the successor operator after its selection." Philip Sheppard seconded by Ken Stubbs moved a motion: Whereas, the GNSO Council .net subcommittee had completed its work, the subcommittee be formally dissolved. The motion was unanimously approved by the GNSO Council. Decision 4: Whereas, the GNSO Council .net subcommittee had completed its work, the subcommittee be formally dissolved. Philip Sheppard formally handed the chair back to Bruce Tonkin. Item 4: Any Other Business. Bruce Tonkin reported that the draft initial report, on the Procedure for use by ICANN in considering requests for consent and related contractual amendments to allow changes in the architecture or operation of a gTLD Registry, published on July 15 2004, brought to Council's attention during the GNSO Council meeting in Kuala Lumpur on July 20, 2004 had not received any comment. He proposed a GNSO Council teleconference on August 19, 2004 to discuss the report and approve putting the report out for a 20 day public comment period. Marilyn Cade proposed adding to the next meeting agenda, the process as related to new gTLDs. Grant Forsyth reminded Council that the ICANN Nominating Committee had extended the deadline for Statements of Interest to 25 August 2004 and urged councillors to participate in the NomCom process in actively seeking qualified candidates for key positions within ICANN. Bruce Tonkin declared GNSO meeting closed and thanked everybody for participating.
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