[council] Resolutions | Meeting of the New gTLD Program Committee held on Saturday 22 March 2014 in

Thu Mar 27 00:41:22 UTC 2014

From:  http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-22mar14-en.htm 

Approved Resolutions | Meeting of the New gTLD Program Committee

22 March 2014

1.  Main Agenda 

	a.  Outstanding GAC Advice Rationale for Resolution 2014.03.22.NG01

	b.  Approval of Disbursements to New gTLD Auction Service Provider Rationale for Resolution 2014.03.22.NG02

	c.  Approval of Registry Agreement Specification 13 for Brand Category of Applicants

	d.  Reconsideration Request 13-13, Christopher Barron/GOProud Rationale for Resolution 2014.03.22.NG03

	e.  Reconsideration Request 14-7, Asia Green IT System Ltd Rationale for Resolution 2014.03.22.NG04

	f.    Update on proposed review mechanism for perceived inconsistent string confusion objection determinations

1.   Main Agenda:

a.   Outstanding GAC Advice

Whereas, on 11 September 2013, the Governmental Advisory Committee (GAC) issued advice to the ICANN Board that it had finalized its consideration of the strings .WINE and .VIN.

Whereas, the GAC advised the ICANN Board that there was no GAC consensus advice on additional safeguards for .WINE and .VIN, and the applications for .WINE and .VIN should proceed through the normal evaluation process.

Whereas, in the Buenos Aires Communiqué, the GAC noted that the Board may wish to seek a clear understanding of the legally complex and politically sensitive background on its advice regarding .WINE and .VIN in order to consider the appropriate next steps of delegating the two strings.

Whereas, the NGPC commissioned an analysis [http://www.icann.org/en/groups/board/documents/analysis-wine-vin-22mar14-en.pdf ] of the legally complex and politically sensitive background on the GAC's advice regarding .WINE and .VIN, which the NGPC considered as part of its deliberations on the GAC's advice.

Whereas, the Bylaws (Article XI, Section 2.1) require the ICANN Board to address advice put to the Board by the GAC.

Whereas, the NGPC is undertaking this action pursuant to the authority granted to it by the Board on 10 April 2012, to exercise the ICANN Board's authority for any and all issues that may arise relating to the New gTLD Program.

Resolved (2014.03.22.NG01), the NGPC accepts the GAC advice identified in the GAC Register of Advice as 2013-09-09-wine and vin, and directs the President and CEO, or his designee, that the applications for .WINE and .VIN should proceed through the normal evaluation process.

b.  Approval of Disbursements to New gTLD Auction Service Provider

Whereas, on 25 September 2010, the Board approved the New gTLD Application Processing budget (http://www.icann.org/en/minutes/resolutions-25sep10-en.htm#1).

Whereas, on 20 June 2011, the Board authorized the President and CEO to implement the New gTLD Program and approved the expenditures related to the New gTLD Program as detailed in section 7 of the Draft FY12 Operating Plan and Budget (http://www.icann.org/en/minutes/resolutions-20jun11-en.htm).

Whereas, the Board previously authorized the CEO or his designee to enter all contracts or statements of work with, and make all disbursements to, all gTLD Service Providers so long as the contract and disbursement amounts are contemplated in the approved budget for such expenditures (http://www.icann.org/en/groups/board/documents/resolutions-2-14mar12-en.htm#1).

Whereas, on 22 August 2013, the Board formally adopted the FY14 Operating Plan and Budget, which included the details of anticipated expenditures related to the New gTLD Program (http://www.icann.org/en/about/financials/adopted-opplan-budget-fy14-22aug13-en.pdf [PDF, 1.05 MB]).

Whereas, to date ICANN has entered into a Master Services Agreement with Power Auctions LLC (the "Auction Provider") to serve as the entity to provide ICANN facilitated auctions as a last resort for resolving String Contention Sets, as described in the Applicant Guidebook (AGB) section 4.3.

Whereas, the Auction Provider could provide in excess of $500,000 worth of auction services in any given billing cycle and ICANN must be prepared to timely pay for those services.

Resolved (2014.03.22.NG02), the President and CEO or his designee is authorized to enter all contracts or statements of work with, and make all disbursements to, the Auction Provider so long as the contract and disbursement amounts are contemplated in the approved budget for such expenditures.

c.   Approval of Registry Agreement Specification 13 for Brand Category of Applicants

No resolution taken.

d.  Reconsideration Request 13-13, Christopher Barron/GOProud

Whereas, on 13 March 2013, GOProud Inc. filed a community objection against dotGAY's LLC's application for .GAY.

Whereas, 12 April 2013, the International Centre for Expertise of the International Chamber of Commerce's ("ICC") dismissed GoProud Inc.'s community objection for failure to timely cure a deficiency in the objection.

Whereas, on 19 October 2013, Christopher Barron ("Barron") filed a Reconsideration Request ("Request 13-13") seeking reconsideration of the ICC's decision to dismiss GOProud, Inc.'s community objection to dotGAY LLC's application for .GAY.

Whereas, on 12 December 2013, the Board of Governance Committee ("BGC") considered the issues raised in Request 13-13 and recommended that Request 13-13 be denied because Barron has not stated proper grounds for reconsideration and the New gTLD Program Committee agrees.

Whereas, ICANN has since confirmed that the GOProud Inc. entity that filed the community objection against dotGAY LLC's application for .GAY has been dissolved and that the dissolved GOProud Inc. entity was reorganized and reincorporated as a different legal entity under the name GOProud Inc. 2.0.

Whereas, despite numerous attempts, ICANN has been unable to contact Barron regarding his affiliation with GOProud Inc. 2.0.

Whereas, ICANN has confirmed with GOProud Inc. 2.0 that Barron is not associated with the entity and that GOProud Inc. 2.0 has absolved itself from the community objection against dotGAY LLC's application for .GAY and Request 13-13.

Resolved (2014.03.22.NG03), the New gTLD Program Committee ("NGPC") concludes that Request 13-13 and any potential relief sought thereunder is moot because an entity does not exist to pursue the community objection brought by the dissolved GOProud Inc. against dotGAY LLC's application for .GAY, and on that basis the NGPC denies Request 13-13.

e.   Reconsideration Request 14-7, Asia Green IT System Ltd.

Whereas, Asia Green IT System Ltd.'s ("Requester") Reconsideration Request 14-7, sought reconsideration of the New gTLD Program Committee's ("NGPC") 5 February 2014 resolution deferring the contracting process for the .ISLAM and .HALAL strings until certain noted conflicts have been resolved.

Whereas, Request 14-7 also seeks reconsideration of an alleged staff action implementing the NGPC's 5 February 2014 resolution through the 7 February 2014 letter from Steve Crocker, Chairman of the ICANN Board, to the Requester.

Whereas, the Board of Governance Committee ("BGC") considered the issues raised in Request 14-7.

Whereas, the BGC recommended that Request 14-7 be denied because the Requester has not stated proper grounds for reconsideration and the New gTLD Program Committee agrees.

Resolved (2014.03.22.NG04), the New gTLD Program Committee adopts the BGC Recommendation on Reconsideration Request 14-7, which can be found at http://www.icann.org/en/groups/board/governance/reconsideration/14-7/recommendation-agit-13mar14-en.pdf [PDF, 149 KB].

f.   Update on proposed review mechanism for perceived inconsistent string confusion objection determinations

No resolution taken.

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