[Gnso-newgtld-wg] New gTLD Subsequent Procedures PDP WG Consensus Call - Closes Friday, 08 January 2021 at 23:59 UTC

Sat Jan 9 00:21:24 UTC 2021

Hello All,

A big thank-you to everyone with a special applause to Cheryl, Jeff, Steve, Emily, Julie and all of the ICANN staff who worked tirelessly throughout the years. It couldn’t have happened without you!

Below is my response in my personal capacity.

Opposed:
Recommendation 17.3:  “…outreach and education should commence no later than the start of the Communications Period”.  The Communication Period is not sufficient for applicant support applicants who require additional languages other than English.  The translation of the AGB is “-2 months” before the Application Submission begins, which does not provide sufficient time for potential AS applicants to gain the requisite knowledge, assess, prepare and secure the resources required if they are requiring another language.  I believe we initially had a minimum of four-months and would suggest this be the minimum amount of time after the translation of the AGB or have the AGB published in the additional languages a lot sooner.

Recommendation 17.17 and 35.2 – Protection mechanisms to protect and prevent the use of joint ventures to game the bidding credit system are needed to protect the applicants, the AS program and auction applicants.

Recommendation 35.3 – Bona fide intent is better reflected in the amount of funds used/received in auction over the volume of applications (see prior comments with suggestions).

Recommendation 35.4 – Submitting all bids at once is unfair and puts an undue amount of work on applicants both large and small who need time to arrange financing, evaluate all potential outcomes and potentially increases the probability of default if the applicant has multiple applications as an applicant may unexpectedly win application they expected to lose and unable to fund future bids already submitted.   As mentioned by others, dotBrands and auctions create additional risks to all applicants within that contention set.

Recommendation 35.5 – “…within 72 hours of resolution” needs to reflect a more reasonable time frame.  Again, I’m suggesting five business days as the 72-hour requirement on an auction that occurs on a Thursday/Friday almost guarantees that the condition cannot be met without additional resources and costs.   Let’s be kind and support applicant winners who are excited about their new venture instead of having them worry about losing their investment by not being able to fulfil a requirement they have no control over during a weekend.

Rescind:
Recommendation 17.15 – ‘…a bid credit, multiplier, or other similar mechanism must apply to the bid submitted by that applicant’.  I find it difficult to form an opinion as it's too generic and I’m unable to assess the impacts to AS applicants, standard applicants, revenue neutrality, financing, etc.

Kind regards,

Christa Taylor

From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> On Behalf Of Emily Barabas
Sent: December 22, 2020 8:30 AM
To: gnso-newgtld-wg at icann.org
Subject: [Gnso-newgtld-wg] New gTLD Subsequent Procedures PDP WG Consensus Call - Closes Friday, 08 January 2021 at 23:59 UTC

Dear WG members,

On behalf of the WG Co-Chairs, and as discussed during the WG meeting on Thursday, 17 December, this email is to notify you of the opening of the online Consensus Call on the WG Outputs (i.e., Affirmation, Affirmation with Modification, Recommendation, Implementation Guidance, and No Agreement) of the New gTLD Subsequent Procedures GNSO Policy Development Process (PDP). Pursuant to the content freeze on 18 December, please see the attached PDF of the Outputs and contextual language, which has received a handful of non-substantive updates (for a redline version that shows the minor edits made since 18 December, please see the wiki<https://community.icann.org/display/NGSPP/h.+Final+Report+Drafting>). WG members who wish to familiarize themselves with the steps involved and the various levels of consensus applicable to GNSO PDP recommendations can refer to the recording of the 17 December meeting<https://community.icann.org/display/NGSPP/2020-12-17+New+gTLD+Subsequent+Procedures+PDP> where the Consensus Call process was described.

This Consensus Call opens today, Tuesday, 22 December 2020 and closes on Friday, 08 January 2021 at 23:59 UTC.  Per the GNSO Working Group Guidelines [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/field-file-attach/annex-1-gnso-wg-guidelines-24oct19-en.pdf__;!!PtGJab4!rNJ7mR-y3NiOaoAVdoJAaixwM1dqZ9IzY_6ZGh-d2rURZLU7eQqaDXkxDxY267kIUfu4bau_tQ$>, WG members are requested to indicate via reply to this list whether they support, or do not support, the Outputs. If a WG member does not respond this will be taken as support.

The Outputs are largely being presented in a single package and should be considered as an integrated set of Outputs, which are the result of many years of WG discussions and input received. This includes not only the work of the WG, but also the comments we received to Constituency Comments 1 & 2, the work of Work Tracks 1-5, comments to the Initial Report and the two Supplemental Initial Reports, and the comments to the Draft Final Report.  Therefore, there will likely be Outputs that you believe are imperfect, so the Co-Chairs encourage you to consider the Outputs in the aggregate. Even if given that context, you still believe there are Outputs that you do NOT support, please specifically identify the Specific Recommendations and/or Implementation Guidance within the Outputs that you do cannot support and why.

For the purposes of this Consensus Call, the Outputs are being organized accordingly:

  *   Topic 9: Registry Voluntary Commitments / Public Interest Commitments;
  *   Topic 23: Closed Generics;
  *   Topic 34: Community Applications/CPE;
  *   Topic 35: Auctions: Mechanisms of Last Resort / Private Resolution of Contention Sets; and
  *   All other Outputs in the report.

As noted on the 17 December 2020 WG call, the Consensus Call is being issues to Individual Working Group members (and not to the Constituencies, Stakeholder Groups, Supporting Organizations, and/or the Advisory Committees in which such individuals participate).  Therefore, WG members will be assumed to be responding to the consensus call on their own behalf unless they explicitly state in their response that they are responding on behalf of their group/organization. Following the close of the Consensus Call, the WG Co-Chairs will meet on Monday, 11 January 2021 to review the responses from the WG members and determine the Consensus Designations for the Outputs.  The WG Co-Chairs will post the results of their determination to the WG email distribution list on January 11, 2021.

On 12 January 2021 at 20:00 UTC, the Working Group will have its next and hopefully final call to discuss any questions or comments to the Consensus Designations.  Calendar invites have been sent out to Working Group members.  Although the meeting is scheduled for 120 minutes, WG leadership will stay on the call until all questions have been addressed. Working Group members will then have until 13 January 2021 at 23:59 UTC to object to the Consensus Call designations. The final Consensus Call designations shall then be included in the Final Report.

Finally, to the extent they are needed, WG members may begin working on minority statements now and through the Consensus Call period, with the ultimate due date of 18 January 2021.

Kind regards,
Steve, Julie and Emily on behalf of the SubPro Leadership Team

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