[IOTF] Draft ICANN Bylaws language around ICANN-PTI Contract amendment

[Yuko Green]

Dear members of the IOTF,

 

During today's call #7, one of the action items was to find the specific
language within the draft ICANN Bylaws how the ICANN-PTI contract may be
amended. Please review below the language taken from the draft Bylaws
currently posted for the public comment:

 

Section 16.3. IANA NAMING FUNCTION CONTRACT

(a)    On or prior to 1 October 2016, ICANN shall enter into a contract with
PTI for the performance of the IANA naming function (as it may be amended or
modified, the "IANA Naming Function Contract") and a related statement of
work (the "IANA Naming Function SOW"). Except as to implement any
modification, waiver or amendment to the IANA Naming Function Contract or
IANA Naming Function SOW related to an IFR Recommendation or Special IFR
Recommendation approved pursuant to Section 18.6 or an SCWG Recommendation
approved pursuant to Section 19.4 (which, for the avoidance of doubt, shall
not be subject to this Section 16.3(a)), ICANN shall not agree to modify,
amend or waive any Material Terms (as defined below) of the IANA Naming
Function Contract or the IANA Naming Function SOW if a majority of each of
the ccNSO and GNSO Councils reject the proposed modification, amendment or
waiver. The following are the "Material Terms" of the IANA Naming Function
Contract and IANA Naming Function SOW:

(i)      The parties to the IANA Naming Function Contract and IANA Naming
Function SOW;

(ii)    The initial term and renewal provisions of the IANA Naming Function
Contract and IANA Naming Function SOW;

(iii)   The manner in which the IANA Naming Function Contract or IANA Naming
Function SOW may be terminated;

(iv)  The mechanisms that are available to enforce the IANA Naming Function
Contract or IANA Naming Function SOW;

(v)    The role and responsibilities of the CSC (as defined in Section
17.1), escalation mechanisms and/or the IFR (as defined in Section 18.1);

(vi)  The IANA Naming Function Contract's provisions requiring that fees
charged by PTI be based on direct costs and resources incurred by PTI; 

(vii) The IANA Naming Function Contract's prohibition against
subcontracting;

(viii) The availability of the IRP as a point of escalation for claims of
PTI's failure to meet defined service level expectations;

(ix) The IANA Naming Function Contract's audit requirements; and

(x) The requirements related to ICANN funding of PTI.

 

Regards,

 

Yuko Green

Strategic Programs Manager

Global Domains Division

Internet Corporation for Assigned Names and Numbers (ICANN)

 

Direct Line:  +1 310 578 8693

Mobile: +1 310 745 1517

E-mail:   <mailto:yuko.green at icann.org> yuko.green at icann.org

 <http://www.icann.org/> www.icann.org

 

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