[Gnso-newgtld-wg] CPE: Supplementary Guidelines 4-B: Opposition

Kathy Kleiman kathy at kathykleiman.com
Thu Nov 14 14:12:53 UTC 2019


+1.  Tx All for interesting meetings in Montreal!

Kathy

On 11/13/2019 2:08 PM, Aikman-Scalese, Anne wrote:
>
> HI Jeff et al,
>
> I think we will need a redlined version of the CPE Guidelines in order 
> to send that out for public comment.  (We have noted a few changes are 
> required, e.g. the reference to the community having existed since 
> 2007.)  In the context of appeals, I am still very concerned about the 
> use of the word “considerable” in CPE evaluations.  I don’t know any 
> way for an appeals panel to objectively judge the word “considerable” 
> in relation to a standard for overturning the first panel’s decision.
>
> Anne
>
> *From:*Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> *On Behalf 
> Of *Justine Chew
> *Sent:* Sunday, October 27, 2019 7:19 PM
> *To:* Jeff Neuman <jeff.neuman at comlaude.com>; Jamie Baxter 
> <jamie at dotgay.com>
> *Cc:* gnso-newgtld-wg at icann.org
> *Subject:* Re: [Gnso-newgtld-wg] CPE: Supplementary Guidelines 4-B: 
> Opposition
>
> *[EXTERNAL]*
>
> ------------------------------------------------------------------------
>
> Thanks, Jeff, for this.
>
> First, I largely support what Jamie has set out in his email in 
> respect of 4-B Opposition, and your conclusion at the top of your email.
>
> Second, I appreciate that it's been mentioned and generally received 
> support, I just wanted to reiterate that selection of the next CPE 
> provider - in terms of community input into the RFP process - would be 
> crucial.
>
> *Third, I wanted to clarify -- for implementation, what additional 
> guidance should (or could) be provided to draw clearer distinction 
> between opposition (i.e. opposite to community endorsement) and 
> objection? *
>
>
> Thanks,
>
> Justine
> -----
>
> On Tue, 15 Oct 2019 at 05:04, Jeff Neuman <jeff.neuman at comlaude.com 
> <mailto:jeff.neuman at comlaude.com>> wrote:
>
>     This one we discussed on the call extensively and I think we
>     already discussed making sure that the there be a balance of
>     support and opposition.  If an Applicant demonstrates support from
>     the community and earns full credit on Support, then the
>     opposition MUST be substantial in order get points taken off.  One
>     letter from one individual or group should not necessarily be
>     enough to lose a point (unless that group is substantial in terms
>     of representing the community).
>
>     Here is what the FTI Group states on Opposition.
>
>     _Sub-Criterion 4-B: Opposition_
>
>     To receive two points for Opposition, an application must have no
>     opposition of relevance.^197 To receive one point, an application
>     may have relevant opposition from no more than one group of
>     non-negligible size.^198
>
>     Nine CPE reports recorded one point for Opposition.^199 In each
>     instance, the CPE Provider determined that the underlying
>     applications received relevant opposition from no more than one
>     group of non-negligible size. Opposition was deemed relevant on
>     several grounds: (i) opposition was from a community not
>     identified in the application but had an association to the
>     applied-for string;^200 (ii) the application was subject to a
>     legal rights objection (LRO);^201 or (iii) opposition was not made
>     for any reason forbidden by the Applicant Guidebook, such as
>     competition or obstruction.^202
>
>     ^
>
>     Seventeen CPE reports recorded the full two points for
>     Opposition.^203 The CPE Provider determined that the applications
>     corresponding to 17 CPE reports did not have any letters of
>     relevant opposition.^204 Ultimately, FTI observed that the CPE
>     Provider engaged in a consistent evaluation process that strictly
>     adhered to the criteria and requirements set forth in the
>     Applicant Guidebook and CPE Guidelines. FTI observed no instances
>     where the CPE Provider's evaluation process deviated from the
>     applicable guidelines pertaining to the Community Endorsement
>     criterion. Based on FTI's investigation, FTI concludes that the
>     CPE Provider consistently applied the Community Endorsement
>     criterion in all CPEs. While the CPE Provider awarded different
>     scores to different applications, the scoring decisions were based
>     on the same rationale, namely a failure to satisfy the
>     requirements that are set forth in the Applicant Guidebook and CPE
>     Guidelines.
>
>     ^197 Id. at Pg. 4-17.
>
>     ^198 Id.
>
>     ^199 MERCK (KGaA) CPE Report
>     (https://www.icann.org/sites/default/files/tlds/merck/merck-cpe-1-980-
>     7217-en.pdf); MERCK (RH) CPE Report
>     (https://www.icann.org/sites/default/files/tlds/merck/merck-cpe-1-
>     1702-73085-en.pdf); SHOP (Commercial Connect) CPE Report
>     (https://www.icann.org/sites/default/files/tlds/shop/shop-cpe-1-1830-1672-en.pdf);
>     GAY CPE Report
>     (https://www.icann.org/sites/default/files/tlds/gay/gay-cpe-1-1713-23699-en.pdf);
>     GAY 2 CPE Report
>     (https://www.icann.org/sites/default/files/tlds/gay/gay-cpe-rr-1-1713-23699-en.pdf);
>     LLP CPE Report
>     (https://www.icann.org/sites/default/files/tlds/llp/llp-cpe-1-880-35508-en.pdf);
>     LLC CPE Report
>     (https://www.icann.org/sites/default/files/tlds/llc/llc-cpe-1-880-17627-en.pdf);
>     INC CPE Report
>     (https://www.icann.org/sites/default/files/tlds/inc/inc-cpe-1-880-35979-en.pdf);
>     and MUSIC (.music LLC) CPE Report
>     (https://www.icann.org/sites/default/files/tlds/music/music-cpe-1-959-51046-en.pdf).
>     No CPE reports recorded zero points for Opposition. 200 LLP CPE
>     Report
>     (https://www.icann.org/sites/default/files/tlds/llp/llp-cpe-1-880-35508-en.pdf);
>     LLC CPE Report
>     (https://www.icann.org/sites/default/files/tlds/llc/llc-cpe-1-880-17627-en.pdf);
>     and INC CPE Report
>     (https://www.icann.org/sites/default/files/tlds/inc/inc-cpe-1-880-35979-en.pdf).
>
>
>     ^201 MERCK (KGaA) CPE Report
>     (https://www.icann.org/sites/default/files/tlds/merck/merck-cpe-1-980-
>     7217-en.pdf); and MERCK (RH) CPE Report
>     (https://www.icann.org/sites/default/files/tlds/merck/merckcpe-1-1702-73085-en.pdf).
>
>
>     ^202 GAY CPE Report
>     (https://www.icann.org/sites/default/files/tlds/gay/gay-cpe-1-1713-23699-en.pdf);
>     GAY 2 CPE Report
>     (https://www.icann.org/sites/default/files/tlds/gay/gay-cpe-rr-1-1713-23699-en.pdf);
>     SHOP (Commercial Connect) CPE Report
>     (https://www.icann.org/sites/default/files/tlds/shop/shop-cpe-1-
>     1830-1672-en.pdf); and MUSIC (.music LLC) CPE Report
>     (https://www.icann.org/sites/default/files/tlds/music/music-cpe-1-959-51046-en.pdf).
>
>
>     ^203 ART (eflux) CPE Report
>     (https://www.icann.org/sites/default/files/tlds/art/art-cpe-1-1675-51302-
>     en.pdf); MUSIC (DotMusic Ltd.) CPE Report
>     (https://www.icann.org/sites/default/files/tlds/music/musiccpe-1-1115-14110-en.pdf);
>     ECO CPE Report
>     (https://www.icann.org/sites/default/files/tlds/eco/eco-cpe-1-
>     912-59314-en.pdf); HOTEL CPE Report
>     (https://www.icann.org/sites/default/files/tlds/hotel/hotel-cpe-1-
>     1032-95136-en.pdf); OSAKA CPE Report
>     (https://www.icann.org/sites/default/files/tlds/osaka/osaka-cpe1-901-9391-en.pdf);
>     SPA CPE Report
>     (https://www.icann.org/sites/default/files/tlds/spa/spa-cpe-1-1309-
>     81322-en.pdf); RADIO CPE Report
>     (https://www.icann.org/sites/default/files/tlds/radio/radio-cpe-1-1083-
>     39123-en.pdf). TENNIS CPE Report
>     (https://www.icann.org/sites/default/files/tlds/tennis/tennis-cpe-1-
>     1723-69677-en.pdf); MLS CPE Report
>     (https://www.icann.org/sites/default/files/tlds/mls/mls-cpe-1-1888-
>     47714-en.pdf); CPA (USA) CPE Report
>     (https://www.icann.org/sites/default/files/tlds/cpa/cpa-cpe-1-1911-
>     56672-en.pdf); CPA (AU) CPE Report
>     (https://www.icann.org/sites/default/files/tlds/cpa/cpa-cpe-1-1744-
>     1971-en.pdf); GMBH CPE Report
>     (https://www.icann.org/sites/default/files/tlds/gmbh/gmbh-cpe-1-1273-
>     63351-en.pdf); IMMO CPE Report
>     (https://www.icann.org/sites/default/files/tlds/immo/immo-cpe-1-1000-
>     62742-en.pdf); SHOP (GMO) CPE Report
>     (https://www.icann.org/sites/default/files/tlds/shop/shop-cpe-1-
>     890-52063-en.pdf); KIDS CPE Report
>     (https://www.icann.org/sites/default/files/tlds/kids/kids-cpe-1-1309-
>     46695-en.pdf); TAXI CPE Report
>     (https://www.icann.org/sites/default/files/tlds/taxi/taxi-cpe-1-1025-
>     18840-en.pdf); and ART (Dadotart) CPE Report
>     (https://www.icann.org/sites/default/files/tlds/art/art-cpe1-1097-20833-en.pdf).
>
>
>     ^204 Id.
>
>     *Jeff Neuman*
>
>     Senior Vice President
>
>     *Com Laude | Valideus*
>
>     D: +1.703.635.7514
>
>     E: _jeff.neuman at comlaude.com <mailto:jeff.neuman at comlaude.com>_
>
>     *From:* Jamie Baxter <jamie at dotgay.com <mailto:jamie at dotgay.com>>
>     *Sent:* Friday, October 11, 2019 12:41 PM
>     *To:* Jeff Neuman <jeff.neuman at comlaude.com
>     <mailto:jeff.neuman at comlaude.com>>; 'Emily Barabas'
>     <emily.barabas at icann.org <mailto:emily.barabas at icann.org>>;
>     gnso-newgtld-wg at icann.org <mailto:gnso-newgtld-wg at icann.org>
>     *Subject:* RE: [Gnso-newgtld-wg] Community Priority Evaluations
>     Review of Supplementary Guidelines
>
>     Good afternoon Working Group members
>
>     On the last call regarding Community Applications, everyone was
>     asked to review the EIU’s CPE Guidelines to see if there are any
>     items that need further scrutiny before being added into the AGB
>     for subsequent procedures.
>
>     My apologies for the length of this response, but hopefully these
>     notes help provide insight on how the AGB language was interpreted
>     from a Community Applicant perspective, and what things continue
>     to need further clarification before the next AGB is published.
>
>     1-A Delineation
>
>     Page 4: “Delineation”
>
>     The non-exhaustive list the EIU added into the CPE guidelines that
>     denotes elements of straight-forward member definitions contains a
>     clear bias towards professional and trade communities. The AGB did
>     not carry this kind of bias, and it would be a concern if the next
>     AGB projected this kind of bias around delineation, especially
>     since many linguistic and cultural communities are
>     straight-forward in the eyes of their members but do not use a
>     membership card system.
>
>     Can review be done to determine what other forms of delineation
>     were accepted in CPE scoring from all community applications in
>     the 2012 round? And can those examples be included in the examples
>     already noted by the EIU?
>
>     2-A Nexus
>
>     “Identify”
>
>     The AGB very clearly states that “”identify” means that the
>     applied for string closely describes the community _or_ the
>     community members,” providing two distinct paths to establish if
>     an applied for string identifies the community. These paths are
>     not interconnected or contingent on one another in the AGB, but
>     instead suggest separate routes to establishing nexus.
>
>     My interpretation of this AGB language is that an applicant can
>     select a string that is a known identifier of the community, or a
>     string that identifies the specific members of that community.
>     Additionally, no rule is placed on the “known identifier of the
>     community” as needing to be the only identifier of that community.
>
>     The AGB additionally provides two examples to help illustrate the
>     definition of “identity” for each of the possible paths.
>
>      1. As an example, a string could qualify for a score of 2 if it
>         is a noun that the typical community member would naturally be
>         called in the context. (AGB, Pg 197)
>      2. If the string appears excessively broad (such as, for example,
>         a globally well-known but local tennis club applying for
>         “.TENNIS”) then it would not qualify for a 2. (AGB, Pg 197)
>
>     What the AGB does not do with these examples is suggest that both
>     paths must be successfully maneuvered in order to achieve 2
>     points. The definition of “identify” in the AGB suggests the
>     applicant had the choice to design their application around a name
>     of the community (TENNIS community), or the member attributes in
>     the community (TENNIS players, TENNIS coaches, etc).
>
>     This is clearly noted in example 1 where 2 points were achieved
>     when it’s confirmed the string identifies the actual community
>     members. The second example denying 2 points for .TENNIS however
>     does not further elaborate on how 2 points could have been
>     achieved in the case of describing the TENNIS community.
>
>     The second example could suggest that if an internationally
>     recognized tennis club applied for .TENNIS instead of a local
>     tennis club, for use among those in the wider TENNIS community
>     (broadcasters, networks, physical therapists, vendors, fans, etc –
>     all tertiary parts of the community that also have other
>     identifiers), then it could have been successful on the path of
>     “closely describes the community.” When the average person thinks
>     of the TENNIS community they could reasonably include the list
>     above, yet these participants in the TENNIS community may not
>     identify naturally with the word TENNIS (i.e. a tennis broadcaster
>     that also covers football).
>
>     Although the EIU’s CPE guidelines are silent on establishing
>     further clarity around the AGB language related to the two paths
>     to “identify,” the practice of the EIU did not align with the
>     flexibility of the AGB. The EIU appears to have conflated the two
>     distinct paths as one and made them both requirements under the
>     definition of “identity,” or at least imposed the requirement that
>     the string be a term the community members naturally call
>     themselves. This may have happened because the two examples
>     outlined above run sequentially in the AGB, causing confusion
>     without distinction.
>
>     Given the unfortunate implementation route taken by the EIU, it
>     should be more clear in the AGB what is meant by “identify means
>     that the applied for string closely describes the community _or_
>     the community members.” I believe it offers two separate paths to
>     success for community applicants, one based on a widely used and
>     identifiable name of the community (known by those inside &
>     outside the community) and the other based on the identity of the
>     actual members in the community.
>
>     4-B Opposition
>
>     “Relevance”
>
>     As discussed on the last call, guidance for “relevance” in 4-B
>     must include a balance of opposition in relation to documented
>     support, and not just an isolated determination of whether the
>     opposing entity is part of the community explicitly or implicitly
>     addressed. One misaligned community member/entity should not have
>     the power to impact CPE scores of a largely aligned community, yet
>     that was the EIU’s interpretation and practice in the 2012 round.
>
>     To illustrate this point, if an applicant has hundreds of
>     organizations from around the world supporting an application, and
>     those endorsements represent the voices of tens of thousands of
>     other local and regional organizations, then an expression of
>     opposition from one single, small and even locally based
>     organization from within the defined community among the thousands
>     globally expressing support should not be able to put 1 of the 2
>     CPE points for this criteria in jeopardy.
>
>     Cheers
>
>     Jamie
>
>     Jamie Baxter
>
>     dotgay LLC
>
>     jamie at dotgay.com <mailto:jamie at dotgay.com>
>
>     www.dotgay.com <http://www.dotgay.com/>
>
>     A Certified LGBT Business Enterprise (LGBTBE)
>
>     Please join us on Facebook at www.facebook.dotgay.com
>     <http://www.facebook.dotgay.com/>
>
>     and follow us at www.twitter.com/dotgay
>     <http://www.twitter.com/dotgay>
>
>     *From:*Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces at icann.org]
>     *On Behalf Of *Jeff Neuman
>     *Sent:* Thursday, October 10, 2019 2:54 PM
>     *To:* Emily Barabas; gnso-newgtld-wg at icann.org
>     <mailto:gnso-newgtld-wg at icann.org>
>     *Subject:* [Gnso-newgtld-wg] Community Priority Evaluations Review
>     of Supplementary Guidelines
>
>     All,
>
>     I would hope that everyone reads all of the notes sent out on each
>     of the meetings carefully, but just in case, I want to draw your
>     attention to one of the biggest action items that arose as a
>     result of our call this morning (Wednesday night for those in the
>     US).  In addition, I would like to pose a question for
>     consideration by the Working Group.
>
>      1. “ACTION ITEM:**WG members will go through the guidelines and
>         flag anything they think should not be incorporated into the
>         AGB for subsequent procedures. See guidelines at:
>         https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf”
>
>     One of the universal criticisms about the CPE process was that
>     there were additional rules and guidelines that were adopted by
>     the CPE Evaluators (EIU) after all of the applications were
>     submitted.  The Working Group will most likely be recommending
>     that all rules be set forth in the Applicant Guidebook or at the
>     very latest prior to the Application Window opening up.   That
>     message has been delivered loud and clear.
>
>     Something that can help, however, would be if the Working Group
>     could review the CPE Guidelines that were developed by EIU (at the
>     link above) to see if those Guidelines make sense and whether
>     those Guidelines or something similar to those Guidelines could be
>     formally adopted as part of our recommendations. Putting aside the
>     fact that these came after applications were submitted, many of
>     the Guidelines make sense.  If we formally approve them, then this
>     will go a long way to helping potential applicants understand how
>     CPE evaluations will work.
>
>      2. _Clarifying Questions and CPE:_  A second item which looks
>         likely to be a recommendation will be that CPE Evaluators
>         should utilize the CQ process (Clarification Questions
>         process) to seek clarifications (but not new material) from
>         the applicant on items where it has questions or issues. 
>         However, would it also be advisable for the CPE Evaluators to
>         be able to send CQs to those that oppose a community
>         application (and that have submitted letters of opposition)? 
>         In other words, CPE Evaluators can ask those that oppose the
>         application questions about themselves and how representative
>         they are.  They can drill down on details about what it is
>         that they oppose, etc. *Those on the call thought this may be
>         a good idea to help weed out frivolous letters of opposition
>         or also emphasize the opposition of real entities, persons and
>         communities. *
>
>     We believe these should be non-controversial, but would like to
>     input other than that which we got on the call.
>
>     Best regards,
>
>     *Jeff Neuman*
>
>     Senior Vice President
>
>     *Com Laude | Valideus*
>
>     D: +1.703.635.7514
>
>     E: _jeff.neuman at comlaude.com <mailto:jeff.neuman at comlaude.com>_
>
>     *From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org
>     <mailto:gnso-newgtld-wg-bounces at icann.org>> *On Behalf Of *Emily
>     Barabas
>     *Sent:* Thursday, October 10, 2019 7:16 AM
>     *To:* gnso-newgtld-wg at icann.org <mailto:gnso-newgtld-wg at icann.org>
>     *Subject:* [Gnso-newgtld-wg] Notes and Action Items - New gTLD
>     Subsequent Procedures PDP WG - 10 October 2019
>
>     Dear Working Group members,
>
>     Please see below the notes from the meeting on 10 October 2019.
>     */These high-level notes are designed to help WG members navigate
>     through the content of the call and are not a substitute for the
>     recording, transcript, or the chat,/* which will be posted at:
>     https://community.icann.org/display/NGSPP/2019-10-10+New+gTLD+Subsequent+Procedures+PDP.
>
>     On the call, it was suggested that guidelines used by CPE
>     evaluators in the 2012 round should be incorporated into the
>     Applicant Guidebook in subsequent procedures to improve
>     predictability. Please see the notes below for details. As a
>     follow up to the action item below, WG members are encouraged to
>     review the 2012 CPE guidelines
>     (https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf)
>     and raise on the mailing list if there are elements of the
>     guidelines that they believe _should not_ be incorporated into the
>     AGB.
>
>     Kind regards,
>
>     Emily
>
>     *Notes and Action Items:*
>
>     **
>
>     *Action Item: *
>
>     **
>
>     ACTION ITEM:**WG members will go through the guidelines and flag
>     anything they think should not be incorporated into the AGB for
>     subsequent procedures. See guidelines at:
>     https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf
>
>     *Notes:*
>
>     1. Welcome and Update to Statements of Interest
>
>       * No SOI updates
>
>       * Following up on Monday’s call, there is a revised chart
>         available on appeals. Please add questions and comments to the
>         draft for discussion on the email list. The chart is available
>         at:
>         https://docs.google.com/spreadsheets/d/1R4eU7C-HI5ikF5RtVhp5JRXKVVRn6R8WX8fIU0IOwu8/edit?usp=sharing
>
>     2.a. Community Applications
>
>       * Policy Goals are high-level and non-controversial. High-Level
>         agreements so far: The Community Priority Evaluation (CPE)
>         process must be more transparent and predictable; All
>         evaluation procedures should be developed BEFORE the
>         application process opens and made easily and readily available.
>       * CCT-RT Recommendation 34 also suggests making improvements to
>         address concerns raised about community applications before
>         going forward with subsequent procedures.
>       * Guidelines developed by the evaluators have not been discussed
>         in depth by this group, other than the fact that they were
>         made available late in the process. Key point raised in the
>         public comments -- information contained in the guidelines
>         needs to be available to applicants before applications are
>         submitted.
>       * Would it make sense to put some of the guidelines developed by
>         the evaluators into the Applicant Guidebook?
>       * Were there things in the guidelines, other than those detailed
>         in the public comments, which were problematic?
>       * *ACTION ITEM: *WG members will go through the guidelines and
>         flag anything they think should not be incorporated into the
>         AGB for subsequent procedures. See guidelines at:
>         https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf
>       * By including guidelines in the AGB, there would be greater
>         predictability for applicants and also greater clarity for
>         future evaluators.
>       * As a community applicant, there was a lot left open for
>         interpretation in the 2012 AGB. As a result, an applicant’s
>         interpretation of the guidebook may have been different from
>         what the evaluators took away when they developed their
>         guidelines. This resulted in a discrepancy that should not
>         exist in subsequent procedures.
>       * Review of suggestions in the public comments on improving
>         transparency and predictability of the CPE process.
>       * Review of comments on the definition of community.
>       * One WG member disagrees with the way the EIU further
>         restricted the definition of community in its guidelines, and
>         suggests that this is not incorporated into the AGB going
>         forward. Specifically, the EIU prioritized those that had a
>         structured system to the community -- institutionalized or
>         industry-related organizations would therefore be higher priority.
>       * Suggestion - what if ICANN community members served as CPE
>         panelists? They might better understand the definition of
>         community from the ICANN perspective. ALAC advised in their
>         public comments that members of grassroots organizations
>         should serve as panelists.
>       * Response - Different members of the ICANN community might
>         understand the definition differently. ICANN never provided a
>         clear definition. ICANN was relying on the scoring to
>         delineate who should get priority rather than having a
>         specific definition.
>       * In selecting an entity to do the evaluations, ICANN was
>         looking for expertise in doing this type of evaluation with
>         independence, but as a result the evaluators may not have as
>         much perspective on what ICANN was trying to achieve. Members
>         of the ICANN community come in with their own biases. Could
>         community members perhaps have some kind of advisory role
>         instead?
>       * The choice of evaluators may have impacted the way they
>         approached the evaluation process. EIU has an economic focus.
>       * Further review of suggestions for improving transparency and
>         predictability of the CPE process in relation to the
>         preliminary recommendation that the CPE process must be more
>         transparent and predictable.
>       * Conflict of interest provisions discussed previously should be
>         applicable to all panelists, including those conducting CPE.
>         This will address public comments that raised concerns about
>         conflict of interest.
>       * Comment -  it is very important that one “naysayer” does not
>         prevent an application from moving forward. There needs to be
>         substantial opposition.
>       * Suggestion for an additional WG Recommendation: If there was
>         research relied on for the decision it should be cited and a
>         link to the information provided. This is based on comments
>         from Jaime Baxter, ALAC, and NCSG.
>       * Some have commented that the costs of the process should be
>         lower and that the process should be quicker. Suggestion for
>         an implementation note stating ICANN staff should examine ways
>         to make the process more efficient in terms of cost and
>         timing. It may be difficult to be more detailed since ICANN
>         Org is in the best position to evaluate how to increase
>         efficiencies.
>       * Comment - At this stage, ICANN Org should be better able to
>         scope the task with a service provider and set clear
>         expectations. The service provider should be responsible for
>         remaining within budget.
>       * Review of public comments on preliminary recommendation: CPE
>         evaluations should be completed in a shorter period of time.
>       * Review of public comments on preliminary recommendation: All
>         evaluation procedures should be developed BEFORE the
>         application process opens and made easily and readily available.
>       * Review of public comments on preliminary recommendation: The
>         CPE process should include a process for evaluators to ask
>         clarifying questions and where appropriate engage in a
>         dialogue with the applicant [and providers of letters of
>         opposition?] during the CPE process. ICANN org raised concerns
>         about potential lobbying and lack of transparency that could
>         result from this type of engagement. Perhaps panelists could
>         ask clarifying questions in written format --- all materials
>         would be publicly available. The opportunity would be equally
>         available to all parties to ensure that the process is fair.
>       * Preliminary Recommendation about dialogue between evaluators
>         and relevant parties will be revised and included as a draft
>         recommendation for the WG to consider further.
>       * One WG member stated that community applicants can’t change
>         their application, and that the opportunity for dialogue won’t
>         change the application. It simply provides an opportunity for
>         the applicant to illustrate key points so that the evaluators
>         understand the application. There is little room for lobbying
>         from this perspective.
>       * Response -- by putting everything in writing, there is still
>         this opportunity to clarify, and there is greater transparency.
>       * Additional question - should the panelists be able to send
>         clarification questions to those filing opposition letters?
>         One member expressed support for this proposal. It may help to
>         bring greater clarity to understanding the legitimacy of the
>         opposition. It’s important to be clear that this is not about
>         community-based objections but about opposition to
>         community-based applications.
>       * Review of public comments on preliminary recommendation: Less
>         restrictive word count for communities to engage in clarifying
>         and providing information. ALAC expressed opposition to this
>         recommendation.
>       * It may be helpful to do some additional research on the
>         existing word count restrictions, but there did not seem to be
>         much support for increasing limits on word count.
>       * Review of ALAC comment on providing access to experts to
>         assist communities, particularly those from underserved
>         regions in preparing applications in order to level the
>         playing field. Suggestion to link this comment to the topic
>         Applicant Support.
>       * Review of comments on potentially providing alternative
>         benefits if an applicant scored below the threshold.
>       * Review of suggested changes to evaluation criteria or
>         weight/scoring of criteria -- in particular, discussion of the
>         comment that if opposition is expressed, it must be examined
>         in the big picture and weighed against the volume of support.
>         There should be a balance.
>       * Discussion of suggestion in the public comments that there
>         should be addition criteria around benefit to registrants --
>         perhaps there could be a form of “extra credit” granted to
>         applicants that help or solve a problem inside a community.
>         This could come in the form of bonus points. It might address
>         some of the public comments from the Council of Europe, as well.
>       * Clarification - this is already a requirement of the
>         application, however it was not translated into the scoring
>         criteria. It was incorporated into the contract as a
>         commitment to the community. It would make sense for this to
>         part of the scoring criteria.
>       * Review of comments on whether there should continue to be
>         preferential treatment for community applications -- there is
>         general support for this concept. NCSG expressed concern about
>         the definition of community. Registrars would like to
>         eliminate the concept of community.
>       * Review of comments on the Council of Europe report.
>       * Review of comments in response to the question - to what
>         extent should evaluators be able to deviate from pre-published
>         guidance and guidelines?
>       * Additional comment raised by a WG member -- any requirements
>         about letters of support should be clear and transparent up
>         front.
>       * Review of additional considerations on selection of panelists
>         and program goals raised by the Council of Europe.
>       * Note that ICANN is currently examining the concept of Global
>         Public Interest which may be responsive to the Council of
>         Europe’s comments on this topic.
>
>     3. AOB
>
>       * None.
>
>     ------------------------------------------------------------------------
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