[Gnso-newgtld-wg] Use Requirement for 2nd round new gTLDs

[Kathy Kleiman]

Alexander's proposal below seems fundamental and basic, and almost 
incontrovertible. If you are going to ask for a gTLD space, use it.  
That makes sense and is a underlying premise of much of the Applicant 
Guidebook with its roll-out provisions.

I support.

Best, Kathy

On 11/20/2019 11:49 AM, Alexander Schubert wrote:
>
> Dear Jeff,
>
> As discussed on the call yesterday here a brief suggestion regarding a 
> “use requirement”. First a summary of my suggestion:
>
> *The new RA (Registry Agreement) should contain a clause that denies 
> contract renewal if registries have not had a Sunrise registration 
> phase (Spec-13 Brand Registries would be exempted from this clause).*
>
> Here my rationale for this:
>
> Obviously the 2007 PDP demanded a use requirement. Hence currently 
> registries face steep penalties for not contracting (application will 
> be withdrawn) and not testing/entering the root (cancelation of the 
> contract).
>
> Let’s be cognizant of the 3 gTLD categories that emerged in 2012:
>
> 1.Spec 13 gTLDs (Brands)
>
> 2.Geo gTLDs (mainly cities)
>
> 3.All others
>
> We can’t always find “one size fits all” solutions – and claim that  
> in absence of a global solution we will not create ANY solution at 
> all. That said: I can’t speak for the category 1. And as Martin Sutton 
> said on the Monday GNSO call: if “use” was defined by “number of 
> domains”: nothing more easy than registering a number of domains. So 
> yes: for brand gTLDs it’s nifty to “define” a “use requirement” – 
> maybe someone else can come up with a solution for Spec-13 registries.
>
> BUT: For categories 2 and 3 I think the solution is simple! We already 
> steeply penalize if the prospective registry doesn’t contract or 
> engage in testing. There are grace periods to do so (I think 9 month). 
> We could use the same grace period for “startup” – which is opening 
> the string up for registrations in Sunrise!
>
> At BARE minimum we should put into the new RA (Registry Agreement) 
> that failure for categories 2 and 3 (non-Spec-13 registries) to 
> startup (start sunrise) WILL be a reason to deny contract renewal! A 
> DECADE of not starting up should be a clear sign of failure.
>
> This solution is NOT impacting Spec 13 applicants. We can discuss 
> separately whether or not we wish to add a “use requirement” for them 
> as well. This solution would also NOT impact 2012 round new gTLDs.
>
> Thanks,
>
> Alexander.berlin
>
>
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