[Ra-termination-comments] Successor Operator Request of Mobily TLDs to MobileDots LLC

[Wael Nasr]

Dear Cyrus :



One of the grounds that ICANN listed as supporting a decision not to
appoint a successor Registry Operator was:



"*--Registry Operator [GreenTech Consultancy Co. W.L.L. ("GreenTech")] does
not sell, distribute or transfer control or use of any registrations in the
TLD to any third party that is not an Affiliate of Registry Operator.*"



This is an incorrect statement. To correct the record, ICANN needs to be
given the full background, as follows:



On August 25, 2016 GreenTech entered into a Joint Venture Agreement ("*JVA*")
with 5 other persons/entities (including Mr. Anwar Ahmad) (the "JV
Partners") to finance and continue GreenTech's application for two gTLD
licenses for the Top-Level domains: "Mobily" in Ascii and IDN. A true copy
of the JVA is attached to this email. In broad brush, the purpose of the
JVA was to use GreenTech's existing application for the Mobily licenses.
For these purposes, as shown by the JVA, GreenTech was just a "nominal"
owner, a "shell" or "conduit" for obtaining the Mobily licenses and
ultimately registering Mobily as the Registry Operator. Mobily is a major
telecommunications company in Saudi Arabia, and its having  "Mobily" Top
Level Domain licenses will obviously be valuable in its cellular
telephone/messaging business.



At no point in time was GreenTech ever contemplated as the true operator of
the "Mobily" gTLD licenses. Indeed, GreenTech ran a defunct pizza
restaurant, and  was long ago de-registered by the Bahraini  government for
its numerous payments and filing defaults. The plan embodied in the JVA was
first, to assign the GreenTech licenses to a Delaware (U.S.) company,
Mobiledots L.L.C. (JVA Art. 2.1) (the "Company"), then to reassign them to
a Bahrain Mobiledots company, and finally to have Mobiledots Bahrain
reassign them to Mobily. Obviously, the "Mobily" gTLD licenses are much
more valuable to an active Mobily company than to a defunct GreenTech
company (currently deleted by Law in the Bahrain Government records as was
reported to ICANN ).



In sum, Mobily was always the real party in interest (as the contemplated
future Registered Operator) and GreenTech and the two Mobiledots companies
were intended to be intermediate conduits for the future transfer of the
two Mobily licenses to Mobily as their eventual Registered Operator.



Unfortunately, Mobily failed to pay the ICANN fees (as it had contracted
with the JV Partners to do) and afterwards  the JV Partners disagreed on
how to arrange alternative financing and how to work with ICANN to restore
the licenses. Since GreenTech was only a "shell" company without assets,
and the JV Partners could not agree on how to bring its licenses out of
default, GreenTech asked ICANN to terminate its licenses. The rest of the
JV Partners (other than GreenTech and Mr. Ahmad) are willing to have
Mobiledots become the Registered Operator of the Mobily licenses and intend
to work with ICANN constructively to bring the licenses back into
compliance.



Returning to ICANN's reason for its tentative decision to disallow any
reinstatement of the licenses, Mobiledots very much desires (a) to have the
two GreenTech licenses transferred to itself as Registered Operator (b) so
that it can Finance  and reinstate the two Mobily licenses into good
standing, obtaining all needed ICANN qualifications.



MobileDots LLC partners  were contracted by Mobily to obtain the Two
licenses and operate the TLDs through MobileDots  . MobileDots have
contracted Greentech WLL to apply for  the licenses and reassign them  to
MobileDots  (and then Mobily)  . Greentech is no longer a registered
company and no longer wants to keep the licneses. Thus, our request to be
the successor operator of the TLDs.



If you have further questions regarding Mobiledots' above request, please
let me know  what they are and how we can satisfy you further that we are
the beneficial owner of the licenses (until we can transfer them to
Mobily). Thank you for your careful attention to this matter.



                                                              Mobiledots
L.L.C.

                                                              Wael Lotfy
Nasr AbdelAtti Helali

                                                              By: Wael
Lotfy Nasr AbdelAtti Helali

                                                              Chairman.
-- 
---------------------------
Wael Nasr
Managing Partner- TLDVIilla LLC
http://icannwiki.com/Wael_Nasr
http://www.linkedin.com/in/nasrwael
US Office : +1 209 682 5144.
Bahrain mobile :+973 393 16891
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