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

[Jorge.Cancio at bakom.admin.ch]

+1
Jorge


________________________________

Von: Kathy Kleiman <kathy at kathykleiman.com>
Datum: 21. November 2019 um 19:43:49 MEZ
An: gnso-newgtld-wg at icann.org <gnso-newgtld-wg at icann.org>
Betreff: Re: [Gnso-newgtld-wg] Use Requirement for 2nd round new gTLDs


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 Hence currently registries face steep penalties for not contracting (application will be withdrawn) and not testing/entering the root (cancelation of the contract).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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