[ECAdmin] Error in ICANN Announcement of the start of the Rejection Action Petition Periods triggered by the Board's Budget and Operating Plan approvals on Friday,

[Mary Wong]

Dear Stephen and other members of the Empowered Community Administration,

Thank you for your message. As you noted, under Section 2.2(b) of Annex D of the Bylaws, there is a 21-day Rejection Action Petition Period (commencing with the delivery of the Secretary’s Notice) during which time an individual may petition a Decisional Participant seeking to initiate the Rejection Process. Section 2.2(d) then provides that, in order for the Rejection Process to move forward, a Decisional Participant who accepts the Rejection Action Petition must obtain the support of at least one other Decisional Participant. Such support must be obtained during the 7-day period that immediately follows on the 21-day Rejection Action Petition Period. If the Petitioning Decisional Participant is unable to obtain the requisite support within this 7-day period, the Rejection Process is terminated automatically.

In short, the Empowered Community has a total of 28 days to bring forward a Rejection Action Petition pursuant to the procedures described in Annex D since, if no notice of such a petition is timely delivered, the ICANN and IANA Budgets become effective on the 28th day following the required notification date. This is reflected in the language in Sections 22.4 and 22.5 of the Bylaws, and is what staff was attempting to describe in the announcement you referenced.

We are sorry if the language of the announcement caused any confusion for you or your community groups. I hope this email helps to clarify the situation and timeline.

Cheers
Mary


Mary Wong
Senior Policy Director & Special Adviser for Strategic Policy Planning
Internet Corporation for Assigned Names and Numbers (ICANN)
Email: mary.wong at icann.org<mailto:mary.wong at icann.org>
Telephone: +1-603-5744889




From: <ecadmin-bounces at icann.org> on behalf of Stephen Deerhake <sdeerhake at nic.as>
Organization: AS Domain Registry
Reply-To: "sdeerhake at nic.as" <sdeerhake at nic.as>
Date: Sunday, June 25, 2017 at 09:01
To: John Jeffrey <john.jeffrey at icann.org>
Cc: "katrina at nic.lv" <katrina at nic.lv>, "ecadmin at icann.org" <ecadmin at icann.org>
Subject: [ECAdmin] Error in ICANN Announcement of the start of the Rejection Action Petition Periods triggered by the Board's Budget and Operating Plan approvals on Friday,

Greetings JJ.

I note that ICANN has posted an announcement of the start of the Rejection Action Petition Periods in response to the Board’s actions at their workshop on Friday.  The announcement I am referencing may be found at https://www.icann.org/news/announcement-2017-06-24-en[icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_announcement-2D2017-2D06-2D24-2Den&d=DwMFAg&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=agD2h0nQTK2Qjm7mrTaYLf0N-51GPJSFLwrrBOSVfqI&s=72ceH2xoWxYKnGFgN134TRh0y5zYopHJiS1rdv2apEU&e=>.

Please note that there is an important error in the announcement that needs correcting.  About 5 paragraphs into the announcements, ICANN States:

“Each of these documents will come into effect only after giving the Empowered Community time to consider whether it will raise a petition rejecting the budgets and/or operating plans. Decisional Participants of the Empowered Community have 28 days to bring forth a petition to reject any of these documents.”

This is incorrect.  Section 2.2(b) of Annex D states:

(b) During the period beginning on the Rejection Action Board Notification Date and ending at 11:59 p.m. (as calculated by local time at the location of ICANN's principal office) on the date that is the 21st day after the Rejection Action Board Notification Date (as it relates to a particular Rejection Action, the "Rejection Action Petition Period"), subject to the procedures and requirements developed by the applicable Decisional Participant, an individual may submit a petition to a Decisional Participant, seeking to reject the Rejection Action and initiate the Rejection Process (a "Rejection Action Petition").”

Thus the Rejection Action Petition Period is 21 days rather than 28 days, and this correction needs to be made to the announcement and brought to the Community’s attention ASAP.

Thank you.

Best Regards,
Stephen Deerhake
ccNSO Representative to the Empowered Community Administration
ccNSO Council Member
AS Domain Registry
GDNS, LLC
+1 212 334 3660
+1 212 656 1982 (fax)
+1 917 744 7313 (mobile)
sdeerhake at nic.as<mailto:sdeerhake at nic.as>
sdeerhake at gdns.net<mailto:sdeerhake at gdns.net>

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