[ECAdmin] [Ext] RE: Notice of expiration of Rejection Action Petition Period for the FY19 IANA Budget

Mary Wong mary.wong at icann.org
Sat Mar 3 15:48:33 UTC 2018


Hello Manal and other members of the Empowered Community Administration,

Please find attached a draft termination notice for your review as requested. It is based substantially on a similar notice that had been sent in relation to termination of the applicable Rejection Period last year for the IANA and ICANN Budgets, drafted by Stephen Deerhake.

If you wish, staff will be pleased to forward the final notice on behalf of the Empowered Community Administration to John Jeffrey, ICANN Secretary (with cc to those noted in the letter as well) if there are no objections or edits. Thank you!

Cheers
Mary


From: Manal Ismail <manal at tra.gov.eg>
Date: Friday, March 2, 2018 at 22:01
To: Mary Wong <mary.wong at icann.org>, "ecadmin at icann.org" <ecadmin at icann.org>
Cc: Goran Marby <goran.marby at icann.org>, "Xavier J. Calvez" <xavier.calvez at icann.org>, 'Cherine Chalaby' <cherine.chalaby at board.icann.org>, David Olive <david.olive at icann.org>
Subject: [Ext] RE: Notice of expiration of Rejection Action Petition Period for the FY19 IANA Budget

Many thanks Mary ..
Subject to agreement by other members of the Empowered Community Administration, I believe it would be good to have a draft Rejection Process Termination Notice to review and sign off ..
Kind Regards
--Manal

From: ECAdmin [mailto:ecadmin-bounces at icann.org] On Behalf Of Mary Wong
Sent: Friday, March 2, 2018 4:42 PM
To: ecadmin at icann.org
Cc: Goran Marby; Xavier J. Calvez; 'Cherine Chalaby'; David Olive
Subject: [ECAdmin] Notice of expiration of Rejection Action Petition Period for the FY19 IANA Budget

Dear members of the Empowered Community Administration,

In accordance with the timelines and procedures set out in Annex D of the ICANN Bylaws, staff notes that the 21-day Rejection Action Petition Period pertaining to the FY19 IANA Operating Plan & Budget that was approved by the Board expired several hours ago (at 07.59 UTC). No Rejection Action Petition Notices (as defined in Annex D, Section 2.2(c)(i)) were received by the Empowered Community Administration within the prescribed timeframe.

As such, under Annex D, Section 2.2(c)(ii), the Rejection Process for the FY19 IANA Operating Plan & Budget is thus automatically terminated. The next step is for the Empowered Community Administration to, within twenty-four (24) hours of the expiration of the Rejection Action Petition Period, deliver to the ICANN Secretary a notice certifying that the Rejection Process has been terminated with respect to this particular Rejection Action. ICANN will then be obliged to promptly post the Rejection Process Termination Notice on the ICANN website.

Please let staff know if the Empowered Community Administration wishes for staff to draft the requisite Rejection Process Termination Notice for your sign-off, and if you require any other assistance.

Thank you.

Best regards,
Mary

From: Mary Wong <mary.wong at icann.org<mailto:mary.wong at icann.org>>
Date: Friday, February 9, 2018 at 12:11
To: Katrina Sataki <katrina at nic.lv<mailto:katrina at nic.lv>>, "ecadmin at icann.org<mailto:ecadmin at icann.org>" <ecadmin at icann.org<mailto:ecadmin at icann.org>>
Cc: Goran Marby <goran.marby at icann.org<mailto:goran.marby at icann.org>>, 'Cherine Chalaby' <cherine.chalaby at board.icann.org<mailto:cherine.chalaby at board.icann.org>>, David Olive <david.olive at icann.org<mailto:david.olive at icann.org>>
Subject: Re: [ECAdmin] Secretary¹s Notice of Board Approval of FY19 IANA Operating Plan and Budget

Dear Katrina,

Under Section 22.4(b) of the Bylaws, the ICANN Secretary (i.e. John Jeffrey, General Counsel) is required to provide a Board Notice to the Empowered Community Administration and the five Decisional Participants following Board approval of the IANA budget (see https://www.icann.org/resources/pages/governance/bylaws-en/#article22[icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources_pages_governance_bylaws-2Den_-23article22&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=FEgV0HtcNp1tvw0PRI_V0m7yDYO_xMVzlyhI22ZecBM&s=nhJAPFPlJE4MfZuxZznSeu8aK67LrQirwkrB1PphJ3s&e=>). The notice that was sent was therefore titled “Notice of Board Approval of FY19 IANA Operating Plan and Budget”, and signed by John in his capacity as ICANN Secretary.

As you noted, however, delivery of this Notice of Board Approval launches the Rejection Process set out in Annex D of the Bylaws. The 21-day Rejection Action Petition Period relating to the FY19 IANA Budget and Operating Plan has thus been initiated and will end at 23:59 Pacific time on 1 March 2018 (or 07:59 UTC on 2 March 2018). Should a Decisional Participant in the Empowered Community receive and decide to accept such a petition within this 21-day period, the 8-day period to obtain the support of at least one other Decisional Participant will end at 23:59 Pacific time on 8 March 2018 (or 07:59 UTC on 9 March).

In the event that a petition is accepted by a Decisional Participant and supported by at least one other Decisional Participant, the Empowered Community Administration may direct ICANN organization to convene a Community Forum on the topic. In this case, the period for any such Community Forum (including any that may be held at ICANN61) will expire at 23:59 Pacific time on 29 March 2018 (or 07:59 UTC on 30 March).

Please note that as this Empowered Community power relates to the IANA Budget and Operating Plan, a  Rejection Action Petition is not valid unless it includes a rationale “based on one or more significant issues that were specifically raised in the applicable public comment period(s) relating to perceived inconsistencies with the Mission, purpose and role set forth in ICANN's Articles of Incorporation and Bylaws, the global public interest, the needs of ICANN's stakeholders, financial stability, or other matter of concern to the community”.

Please see Article 2, Annex D of the ICANN Bylaws for the full details of the Rejection Process: https://www.icann.org/resources/pages/governance/bylaws-en/#annexD[icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources_pages_governance_bylaws-2Den_-23annexD&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=FEgV0HtcNp1tvw0PRI_V0m7yDYO_xMVzlyhI22ZecBM&s=rdbuDuLBX4Q2T06eGvtYbDXU3ndWJRZfN-P79CRyUa0&e=>.

Finally, staff notes that the Empowered Community Administration webpage and mailing list has been updated to reflect the most recent appointments to the Empowered Community Administration from each Decisional Participant (see https://www.icann.org/resources/pages/ec-administration-2017-05-25-en)[icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources_pages_ec-2Dadministration-2D2017-2D05-2D25-2Den-29&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=FEgV0HtcNp1tvw0PRI_V0m7yDYO_xMVzlyhI22ZecBM&s=GXXDMD0L9uaLBkT8jucxxdr_3K770qZe9NRVu7slZ-I&e=>, and we will post the Secretary’s Notice shortly to the Empowered Community Administration Correspondence web page.

Thank you.

Best regards,
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 <ecadmin-bounces at icann.org<mailto:ecadmin-bounces at icann.org>> on behalf of Katrina Sataki <katrina at nic.lv<mailto:katrina at nic.lv>>
Date: Friday, February 9, 2018 at 11:29
To: Peg Rettino <peg.rettino at icann.org<mailto:peg.rettino at icann.org>>, "ecadmin at icann.org<mailto:ecadmin at icann.org>" <ecadmin at icann.org<mailto:ecadmin at icann.org>>, "chair at nro.net<mailto:chair at nro.net>" <chair at nro.net<mailto:chair at nro.net>>, "alan.greenberg at mcgill.ca<mailto:alan.greenberg at mcgill.ca>" <alan.greenberg at mcgill.ca<mailto:alan.greenberg at mcgill.ca>>, "haforrestesq at gmail.com<mailto:haforrestesq at gmail.com>" <haforrestesq at gmail.com<mailto:haforrestesq at gmail.com>>, "manal at tra.gov.eg<mailto:manal at tra.gov.eg>" <manal at tra.gov.eg<mailto:manal at tra.gov.eg>>
Cc: Goran Marby <goran.marby at icann.org<mailto:goran.marby at icann.org>>, 'Cherine Chalaby' <cherine.chalaby at board.icann.org<mailto:cherine.chalaby at board.icann.org>>
Subject: Re: [ECAdmin] Secretary¹s Notice of Board Approval of FY19 IANA Operating Plan and Budget

Dear All,

Although this is called Secretary’s Notice of Board Approval of FY19 IANA Operating Plan and Budget it looks to me that this is a Board Notice for a Rejection Action (“Rejection Action Board Notice”) as defined in Section 2.2. (a) of the Annex D of the Bylaws. Am I correct? If yes, could we stick to the terminology used in the Bylaws? Otherwise it might get very confusing. Thank you!

Kind regards,

]{atrina
ccNSO


From: Peg Rettino [mailto:peg.rettino at icann.org]
Sent: Friday, February 09, 2018 3:22 AM
To: ecadmin at icann.org<mailto:ecadmin at icann.org>; chair at nro.net<mailto:chair at nro.net>; alan.greenberg at mcgill.ca<mailto:alan.greenberg at mcgill.ca>; katrina at nic.lv<mailto:katrina at nic.lv>; haforrestesq at gmail.com<mailto:haforrestesq at gmail.com>; manal at tra.gov.eg<mailto:manal at tra.gov.eg>
Cc: Cherine Chalaby <cherine.chalaby at board.icann.org<mailto:cherine.chalaby at board.icann.org>>; Goran Marby <goran.marby at icann.org<mailto:goran.marby at icann.org>>
Subject: Secretary¹s Notice of Board Approval of FY19 IANA Operating Plan and Budget

Greetings,

Attached please find the Secretary’s Notice of Board Approval of FY19 IANA Operating Plan and Budget sent on behalf of John Jeffrey.

Best,
Peg

_____________________________

Peg Rettino
Project Specialist &Executive Assistant to John Jeffrey
General Counsel and Secretary
ICANN
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
peg.rettino at icann.org<mailto:peg.rettino at icann.org>
Skype: peg.rettino
Direct: 310-301-3868



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