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

Fri Nov 22 18:34:30 UTC 2019

Jim,

That is laughable.  We spent six years developing the last guidebook. Only
to see ICANN change the rules in myriad ways after application fees were
accepted. None of us should have any illusions that they will not do that
again, upon whim of any government objector or Verisign.  Unless we take
away the Board's discretion to do whatever they want whenever they want
upon any whim they like.  I would be completely in favor of doing that, but
we all know it is impossible.

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax: +1.415.738.8087
http://rodenbaugh.com

On Fri, Nov 22, 2019, 12:27 PM Jim Prendergast <jim at galwaysg.com> wrote:

> This is Exhibit A of why everything needs to be locked down and finalized
> BEFORE the application window opens.  We cannot have rules changing after
> applications have been submitted and ICANN has accepted application fees.
>
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> *From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> *On Behalf Of
> *Rubens Kuhl
> *Sent:* Friday, November 22, 2019 12:26 PM
> *To:* gnso-newgtld-wg at icann.org
> *Subject:* Re: [Gnso-newgtld-wg] Use Requirement for 2nd round new gTLDs
>
>
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> Alexander,
>
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>
> I happen to be from an organisation that applied to 2 gTLDs in 2012 and
> still have launched them. What I need to point out is that bring this
> requirement on registries would also need requirements on ICANN.
>
>
>
> At the time we applied, it was said that vertical integration would not
> require two different legal entities; this was added in an AGB version
> after applications have been submitted.
>
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>
> At the time we applied, there was no indication that then current
> registrars with RAA 2009 wouldn't be able to sell 2012 gTLDs; when the RA
> was finalised, this suddenly appeared. And since we had only 2009
> Registrars in our country, that meant no registrars.
>
>
>
> But as RAAs start expiring, we were hopeful that some registrars would
> become RAA 2013... what happened though is that all Brazilian registrars
> preferred dropping their accreditations instead of on boarding new,
> cumbersome requirements that were added to RAA mostly due to pressures from
> developed countries.
>
>
>
> So, ICANN Org failed us miserably in a lot of ways, and you are suggesting
> that even in that condition we would be obliged to launch expeditiously ?
>
>
>
> No, thanks. And if your intention is to widen the gap from "Global North"
> to "Global South", that's a sure way to do it. There is more to the world
> than Western Europe and North America.
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> Rubens
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> Em 20 de nov de 2019, à(s) 13:49:000, Alexander Schubert <
> alexander at schubert.berlin> escreveu:
>
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>
> 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).
>
>
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>
> 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.
>
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> Thanks,
>
>
>
> Alexander.berlin
>
>
>
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