Internet Corporation for Assigned Names and Numbers

Preliminary Report | Special Meeting of the ICANN Board

22 August 2013

[Formal Minutes are still to be approved by the ICANN Board]

Note: This has not been approved by the Board and does not constitute minutes but does provide a preliminary attempt setting forth the unapproved reporting of the resolutions from that meeting. Details on voting and abstentions will be provided in the Board's Minutes, when approved by the Board at a future meeting.

NOTE ON ADDITIONAL INFORMATION INCLUDED WITHIN PRELIMINARY REPORT – ON RATIONALES -- Where available, a draft Rationale for each of the Board's actions is presented under the associated Resolution. A draft Rationale is not final until approved with the minutes of the Board meeting.

A Special Meeting of the ICANN Board of Directors was held on 22 August 2013 at 22:00 UTC.

Steve Crocker, Chair, promptly called the meeting to order.

The following Directors participated in all or part of the meeting: Sébastien Bachollet, Fadi Chehadé (President and CEO), Cherine Chalaby, Bertrand de La Chapelle, Chris Disspain, Bill Graham, Olga Madruga-Forti, Gonzalo Navarro, Ray Plzak, George Sadowsky, Mike Silber, Bruce Tonkin (Vice Chair), Judith Vazquez, and Kuo-Wei Wu. Erika Mann sent apologies.

The following Board Liaisons participated in all or part of the meeting: Francisco da Silva (TLG Liaison), Ram Mohan (SSAC Liaison), and Jonne Soininen (IETF Liaison). Heather Dryden (GAC Liaison) sent apologies.

The following ICANN Staff participated in all or part of the meeting: Akram Atallah (President, Generic Domain Names Division), John Jeffrey (General Counsel and Secretary), David Olive (Vice President, Policy Development), Megan Bishop, Michelle Bright, Samantha Eisner, Dan Halloran, Cyrus Namazi and Amy Stathos.

This is a preliminary report of the approved resolutions resulting from the Special Meeting of the ICANN Board of Directors, which took place on 22 August 2013.

  1. Consent Agenda
    1. Approval of Board Meeting Minutes
    2. FY14 Budget Approval
    3. Approval of Contract with General Contractor for Los Angeles Office Expansion
    4. Redelegation of the .BW domain representing Botswana
    5. Redelegation of the .PT domain representing Portugal
  2. Main Agenda
    1. Ombudsman FY13 At-Risk Compensation – EXECUTIVE SESSION
    2. Renewal of .INFO Registry Agreement
    3. Renewal of .ORG Registry Agreement
    4. Renewal of .BIZ Registry Agreement

 

  1. Consent Agenda:

    The Chair introduced the items on the consent agenda and called for a vote. The Board then took the following action:

    Resolved, the following resolutions in this Consent Agenda are approved:

    1. Approval of Board Meeting Minutes

      Resolved (2013.08.22.01), the Board approves the minutes of the 27 June Special Meeting of the ICANN Board.

    2. FY14 Budget Approval

      Whereas, the draft FY14 Operating Plan and Budget was posted for public comment in accordance with the Bylaws on 10 May 2013, which was based upon numerous community consultations, and consultations throughout ICANN staff and the Board Finance Committee, during the past fiscal year.

      Whereas, intervening activities, and comments received from the public comment forum resulted in some significant revisions to the 10 May 2013 draft FY14 Operating Plan and Budget.

      Whereas, due to the revisions to the draft FY Operating Plan and Budget communicated during the Durban meeting on 17 July 2013, ICANN re-opened the public comment forum until 4 August 2013.

      Whereas, in addition to the public comment forum, ICANN actively solicited community feedback and consultation with the ICANN community by other means, including online conference calls, meetings in Beijing and Durban, and email communications.

      Whereas, the Board Finance Committee has discussed, and guided staff on, the development of the FY14 Operating Plan and Budget at each of its recent, regularly scheduled meetings.

      Whereas, the Board Finance Committee met on 7 August 2013 to discuss the final draft FY14 Operating Plan and Budget, and recommended that the Board adopt the FY14 Operating Plan and Budget.

      Whereas, per section 3.9 of the 2001, 2009 and 2013 Registrar Accreditation Agreements, respectively, the Board is to establish the Registrar Variable Accreditation Fees, which must be established in order to develop the annual budget.

      Whereas, the description of the Registrar fees, including the recommended Registrar Variable Accreditation Fees, for FY14 has been included in the FY14 Operating Plan and Budget.

      Resolved (2013.08.22.02), the Board adopts the FY14 Operating Plan and Budget and in doing so establishes the Variable Accreditation Fees (per registrar and transaction) as set forth in the FY14 Operating Plan and Budget.

      Rationale for Resolution 2013.08.22.02

      In accordance with Article XVI, Section 4 of the ICANN Bylaws, the Board is to adopt an annual budget and publish it on the ICANN website. On 10 May 2013, a draft the FY14 Operating Plan and Budget was posted for public comment. This version was based on numerous discussions with members of the Executive team, and extensive consultations with ICANN Supporting Organizations, Advisory Committees, and other stakeholder groups throughout the prior several months. Intervening activities, and comments received from the public comment forum resulted in some limited but significant revisions to the 10 May 2013 draft FY14 Operating Plan and Budget. Accordingly, to ensure full transparency and accountability, on 17 July 2013, ICANN communicated the revisions during a public session at the Durban Meeting and re-opened the public comment forum until 4 August 2013.

      All comments received in all manners were considered in developing the final version of the FY14 Operating Plan and Budget, and where feasible and appropriate have been adopted.

      In addition to the day-to-day operational requirements, the FY14 Operating Plan and Budget includes the FY14 new gTLD budget items and amounts allocated to various FY14 budget requests received from community leadership. The annual budget also discloses the impacts of the new gTLD program. Further, because the Registrar Variable Accreditation Fee is key to the development of the budget, the FY14 Operating Plan and Budget sets out and establishes those fees, which are consistent with recent years, and will be reviewed for approval by the Registrars.

      This FY14 Operating Plan and Budget will have a positive impact in that it provides a proper framework by which ICANN will be managed and operated. It also provides the basis for the organization to be held accountable in a transparent manner. This will have a fiscal impact on ICANN and the community as is intended. This should not have anything but a positive impact on the security, stability and resiliency of the domain name system (DNS) with respect to any funding that is dedicated to those aspects of the DNS.

    3. Approval of Contract with General Contractor for Los Angeles Office Expansion

      Whereas, on 2 February 2013, the Board approved amending the lease for ICANN's Los Angeles office to include an additional 5800 square feet.

      Whereas, construction is required to make the additional square footage usable.

      Whereas, ICANN has received a construction proposal that is in alignment with the design of the current office space.

      Resolved (2013.08.22.03), the President and CEO, or his designee, is authorized to enter into an agreement between ICANN and Cannon Constructors Group South, Inc. in an amount not to exceed [redacted], and to make all disbursements over US$500,000, if necessary, in furtherance of the agreement.

      Resolved (2013.08.22.04), pursuant to Article III, Section 5.2 of the ICANN Bylaws, portions of this resolution and rationale may be redacted and kept confidential until the President and CEO deems it is appropriate to release such redacted information.

      Rationale for Resolutions 2013.08.22.03 – 2013.08.22.04

      On 2 February 2013 the Board approved amending the lease for the ICANN office in Los Angeles to include an additional 5800 square feet, for a total of 35,000 square feet. The Board noted in the rationale http://www.icann.org/en/groups/board/documents/resolutions-02feb13-en.htm#1.c.rationale that long term staffing plans required the additional seating, that the current lease expires in June 2022 and that there are no current plans to relocate its headquarters. Construction requiring a capital outlay is required to make this additional square footage usable for the remaining years of the lease. A proposal has been received for the project that is in alignment with the design of the third floor.

      Based on cost and their performance on the third floor build out, and in accordance with the terms of ICANN's Procurement Guidelines (see http://www.icann.org/en/about/financials/procurement-guidelines-21feb10-en.pdf [PDF, 1.03 MB]), Cannon Constructors Group South, Inc. has been selected as the general contractor for the project. The total amount of the proposed contract is [redacted]. This resolution is necessary because the contract amount is over US$500,000 and therefore requires Board approval in accordance with the ICANN Contracting and Disbursement Policy (see http://www.icann.org/en/about/financials/signing-authority.)

      The fiscal impact was anticipated and taken into account in the budget process for FY2014. This decision will have no impact on the security, stability or resiliency of the domain name system.

      This is an Organizational Administrative Function not requiring public comment.

    4. Redelegation of the .BW domain representing Botswana

      Resolved (2013.08.22.05), as part of the exercise of its responsibilities under the IANA Functions Contract, ICANN has reviewed and evaluated the request to redelegate the .BW country-code top-level domain to Botswana Communications Regulatory Authority. The documentation demonstrates that the proper procedures were followed in evaluating the request.

      Resolved (2013.08.22.06), the Board directs that pursuant to Article III, Section 5.2 of the ICANN Bylaws, that certain portions of the rationale not appropriate for public distribution within the resolutions, preliminary report or minutes at this time due to contractual obligations, shall be withheld until public release is allowed pursuant to those contractual obligations.

      Rationale for Resolutions 2013.08.22.05 – 2013.08.22.06

      Why the Board is addressing the issue now?

      In accordance with the IANA Functions Contract, the ICANN staff has evaluated a request for ccTLD redelegation and is presenting its report to the Board for review. This review by the Board is intended to ensure that ICANN staff has followed the proper procedures.

      What is the proposal being considered?

      The proposal is to approve a request to the IANA Department to change the sponsoring organisation (also known as the manager or trustee) of the .BW country-code top-level domain to Botswana Communications Regulatory Authority.

      Which stakeholders or others were consulted?

      In the course of evaluating a delegation application, ICANN staff consults with the applicant and other interested parties. As part of the application process, the applicant needs to describe consultations that were performed within the country concerning the ccTLD, and their applicability to their local Internet community.

      What concerns or issues were raised by the community?

      Staff are not aware of any significant issues or concerns raised by the community in relation to this request.

      [Rationale Redacted]

      What factors the Board found to be significant?

      The Board did not identify any specific factors of concern with this request.

      Are there positive or negative community impacts?

      The timely approval of country-code domain name managers that meet the various public interest criteria is positive toward ICANN's overall mission, the local communities to which country- code top-level domains are designated to serve, and responsive to ICANN's obligations under the IANA Functions Contract.

      Are there financial impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?

      The administration of country-code delegations in the DNS root zone is part of the IANA functions, and the delegation action should not cause any significant variance on pre-planned expenditure. It is not the role of ICANN to assess the financial impact of the internal operations of country-code top-level domains within a country.

      Are there any security, stability or resiliency issues relating to the DNS?

      ICANN does not believe this request poses any notable risks to security, stability or resiliency.

      This is an Organizational Administrative Function not requiring public comment.

    5. Redelegation of the .PT domain representing Portugal

      Resolved (2013.08.22.07), as part of the exercise of its responsibilities under the IANA Functions Contract, ICANN has reviewed and evaluated the request to redelegate the .PT country-code top- level domain to Associação DNS.PT. The documentation demonstrates that the proper procedures were followed in evaluating the request.

      Resolved (2013.08.22.08), the Board directs that pursuant to Article III, Section 5.2 of the ICANN Bylaws, that certain portions of the rationale not appropriate for public distribution within the resolutions, preliminary report or minutes at this time due to contractual obligations, shall be withheld until public release is allowed pursuant to those contractual obligations.

      Rationale for Resolutions 2013.08.22.07 – 2013.08.22.08

      Why the Board is addressing the issue now?

      In accordance with the IANA Functions Contract, the ICANN staff has evaluated a request for ccTLD redelegation and is presenting its report to the Board for review. This review by the Board is intended to ensure that ICANN staff has followed the proper procedures.

      What is the proposal being considered?

      The proposal is to approve a request to IANA Department to change the sponsoring organisation (also known as the manager or trustee) of the .PT country-code top-level domain to Associação DNS.PT.

      Which stakeholders or others were consulted?

      In the course of evaluating a delegation application, ICANN staff consults with the applicant and other interested parties. As part of the application process, the applicant needs to describe consultations that were performed within the country concerning the ccTLD, and their applicability to their local Internet community.

      What concerns or issues were raised by the community?

      Staff are not aware of any significant issues or concerns raised by the community in relation to this request.

      [Rationale Redacted]

      What factors the Board found to be significant?

      The Board did not identify any specific factors of concern with this request.

      Are there positive or negative community impacts?

      The timely approval of country-code domain name managers that meet the various public interest criteria is positive toward ICANN's overall mission, the local communities to which country- code top-level domains are designated to serve, and responsive to ICANN's obligations under the IANA Functions Contract.

      Are there financial impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?

      The administration of country-code delegations in the DNS root zone is part of the IANA functions, and the delegation action should not cause any significant variance on pre-planned expenditure. It is not the role of ICANN to assess the financial impact of the internal operations of country-code top-level domains within a country.

      Are there any security, stability or resiliency issues relating to the DNS?

      ICANN does not believe this request poses any notable risks to security, stability or resiliency.

      This is an Organizational Administrative Function not requiring public comment.

    Fifteen members of the Board approved Resolutions 2013.08.22.01, 2013.08.22.02, 2013.08.22.03, 2013.08.22.04, 2013.08.22.05, 2013.08.22.06, 2013.08.22.07, and 2013.08.22.08. One member of the Board was unavailable to vote. The Resolutions carried.

  2. Main Agenda:

    1. Ombudsman FY13 At-Risk Compensation – EXECUTIVE SESSION

      The Board entered an executive session without staff present. The Board undertook the following action during its executive session:

      Whereas, the Compensation Committee recommended that the Board approve payment to the Ombudsman of his FY13 at-risk compensation.

      Resolved (2013.08.22.09), the Board hereby approves a payment to the Ombudsman of his FY13 at-risk compensation component.

      Rationale for Resolution 2013.08.22.09

      Annually the Ombudsman has an opportunity to earn a portion of his compensation based on specific performance goals set by the Board, through the Compensation Committee. This not only provides incentive for the Ombudsman to perform above and beyond his regular duties, but also leads to regular touch points between the Ombudsman and the Board during the year to help ensure that the Ombudsman is achieving his goals and serving the needs of the ICANN community.

      Scoring of the Ombudsman's objectives results from both the Ombudsman self-assessment, including a discussion with the Ombudsman, as well as review by the Compensation Committee, with a recommendation to the Board. The score provides the Ombudsman with an understanding of areas in which he has done well and where he may need to improve or increase certain activities.

      Scoring the Ombudsman's annual performance objectives is in furtherance of the goals of ICANN and helps increase the Ombudsman's service to the ICANN community. While there is a fiscal impact from the results of the scoring, that impact is already accounted for in the annual budget. This action will have no impact on the security, stability or resiliency of the domain name system.

    2. Renewal of .INFO Registry Agreement

      The Board consolidated the discussion on the .INFO, .ORG and .BIZ renewal agreements. Bruce Tonkin and Ram Mohan noted that they had conflicts of interest relating to each of these agenda items and withdrew from the Board meeting prior to the commencement of the discussion. Bruce noted that he is abstaining from voting on all three agreements. Staff reported that the .BIZ and .INFO Registry Agreements have already been extended twice to finish the negotiations, and the .ORG Registry Agreement was extended once, with all extensions expiring on 31 August 2013. The proposed renewal agreements have been extensively negotiated with the registries, and posted for public comment. The comments received have been summarized and submitted to the Board along with the briefing materials on this issue. Staff further reported that ICANN received a letter after the close of the public comment period reiterating the same comments that raised during the public comment period regarding the provisions on Uniform Rapid Suspension System and the 2013 Registrar Accreditation Agreement in the renewal Agreements, and the Board had a discussion about those issues.

      The Board took the following action:

      Whereas, ICANN conducted a public comment period from 3 June 2013 to 15 July 2013 <http://www.icann.org/en/news/public-comment/info-renewal-03jun13-en.htm> on a proposed agreement for renewal of the 2006 .INFO Registry Agreement <http://www.icann.org/en/about/agreements/registries/info>.

      Whereas, the proposed renewal .INFO Registry Agreement includes modified provisions to bring the .INFO Registry Agreement into line with other comparable agreements as well as additional provisions of the New gTLD Registry Agreement.

      Whereas, the public comment forum on the proposed renewal .INFO Registry Agreement closed on 15 July 2013 with ICANN receiving two comments. A summary and analysis of the comments was provided to the Board.

      Whereas, the Board has determined that no revisions to the proposed .INFO renewal Registry Agreement are necessary after taking the comments into account.

      Whereas, the proposed renewal .INFO Registry Agreement includes significant improvements as compared to the current .INFO Registry Agreement.

      Resolved (2013.08.22.10), the proposed renewal .INFO Registry Agreement is approved, and the President, Generic Domains Division and the General Counsel are authorized to take such actions as appropriate to implement the agreement.

      Thirteen members of the Board approved Resolution 2013.08.22.10. Two Board members abstained. One Board member was unavailable to vote. The Resolution carried.

      Rationale for Resolution 2013.08.22.10

      Why the Board is addressing the issue now?

      The current .INFO Registry Agreement expires on 31 August 2013. The proposed renewal agreement was posted for public comment between 3 June 2013 and 15 July 2013. The Board is being asked to approve the renewal registry agreement prior to the expiration of the current agreement.

      What is the proposal being considered?

      The changes to the .INFO Registry Agreement and the Appendices fall within several broad categories: (1) changes to promote consistency across registries; (2) changes to include similar provisions from the New gTLD Registry Agreement approved by the New gTLD Program Committee of the ICANN Board, (3) changes to update the agreement to reflect changes that have occurred since the current .INFO Registry Agreement was signed (including updating references, technical changes and other updates); and (4) changes to allow Afilias to better serve the Internet community (including to allow Afilias to more quickly address certain imminent threats to the security and stability of the TLD or the Internet).

      Which stakeholders or others were consulted?

      ICANN conducted a public comment period on the proposed renewal .INFO Registry Agreement from 3 June 2013 through 15 July 2013, following which time the comments were summarized and analyzed.

      What concerns or issues were raised by the community?

      Two members of the community participated in the public comment period. Members in the community raised comments regarding dispute resolution mechanisms, access to registry services and change in control.

      There was a specific community concern raised, and subsequent letters provided to the Board, regarding the inclusion of a requirement for the Uniform Rapid Suspension (URS) to be included in the renewed agreement, as well as requiring the Registry Operator to use only Registrars contracted under the 2013 RAA. In taking this decision, the Board considered the concern that extending the requirement to use the URS to existing gTLDs (which currently is only a requirement for Registry Operators approved through the New gTLD Program) would possibly be a matter for policy development. In addition, requiring the imposition of the URS today to millions of domain names may be premature given the implementation schedule for the URS processes. With regard to the use of Registrars, the renewal agreement includes a term for transition to the exclusive use of Registrars contracted under the 2013 RAA, if certain conditions occur, including if Registrars representing two-thirds of the registrations in the TLD sign the 2013 RAA. In addition, the Board considered the concerns that requiring this long-operating Registry Operator to immediately transition to the use of Registrars contracted under the 2013 RAA could place the Registry Operator at a disadvantage to other existing gTLD operators that do not have this requirement nor a transitional clause written into their registry agreements. These issues were also considered with the Registry Operator as part of the development of the renewal agreement.

      What significant materials did the Board review?

      The Board reviewed the proposed .INFO Renewal Registry Agreement and its Appendices <http://www.icann.org/en/news/public-comment/info-renewal-03jun13-en.htm>

      The Board also reviewed the summary and analysis of public comments.

      What factors the Board found to be significant?

      The Board carefully considered the public comments and Staff recommendation with respect to those comments. The Board considered ICANN's contractual obligations with respect to the current .INFO Registry Agreement in reaching this decision, specifically that the agreement must be renewed absent certain uncured breaches by the registry operator and that certain terms of the renewal are required to conform to existing comparable gTLD registry agreements.

      Are there positive or negative community impacts?

      As part of the renewal process, ICANN conducted a review of Afilias's recent performance under the current .INFO Registry Agreement. The compliance review covered areas including: Timeliness and Content of Monthly Reports; Add Grace Period Limits Policy; Bulk Zone File Requirements; and Payment of Required Fees. Afilias was found to have substantially met its contractual requirements (see http://www.icann.org/en/news/public-comment/info-renewal-03jun13-en.htm). Evidence indicates that the community can expect such good performance to continue.

      Are there fiscal impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?

      There is no significant fiscal impact expected if ICANN approves the proposed renewal .INFO Registry Agreement. The provisions regarding registry-level fees and pricing constraints are for the most part consistent with the New gTLD Registry Agreement and the current comparable gTLDs.

      Are there any security, stability or resiliency issues relating to the DNS?

      There are no expected security, stability, or resiliency issues related to the DNS if ICANN approves the proposed renewal .INFO Registry Agreement. The proposed renewal Registry Agreement in fact includes terms intended to allow for swifter action in the event of certain threats to the security or stability of the DNS.

      This is an Organizational Administrative Function for which ICANN received public comment.

    3. Renewal of .ORG Registry Agreement

      During the consolidated discussion of the renewal .INFO, .ORG and .BIZ Registry Agreements, Bertrand de La Chappelle noted that he was abstaining from discussion and voting on this Registry Agreement.

      The Board took the following action:

      Whereas, ICANN conducted a public comment period from 21 June 2013 to 12 August 2013 <http://www.icann.org/en/news/public-comment/org-renewal-21jun13-en.htm> on a proposed agreement for renewal of the 2006 .ORG Registry Agreement <http://www.icann.org/en/about/agreements/registries/org>.

      Whereas, the proposed renewal .ORG Registry Agreement includes modified provisions to bring the .ORG Registry Agreement into line with other comparable agreements as well as additional provisions of the New gTLD Registry Agreement.

      Whereas, the public comment forum on the proposed renewal .ORG Registry Agreement closed on 12 August 2013 with ICANN receiving one comment. A summary and analysis of this comment was provided to the Board.

      Whereas, the Board has determined that no revisions to the proposed renewal .ORG renewal Registry Agreement are necessary after taking the comments into account.

      Whereas, the proposed renewal .ORG Registry Agreement includes significant improvements as compared to the current .ORG Registry Agreement.

      Resolved (2013.08.22.11), the proposed renewal .ORG Registry Agreement is approved, and the President, Generic Domains Division and the General Counsel are authorized to take such actions as appropriate to implement the .ORG Registry Agreement.

      Twelve members of the Board approved Resolution 2013.08.22.11. Three Board members abstained. One Board member was unavailable to vote. The Resolution carried.

      Rationale for Resolution 2013.08.22.11

      Why the Board is addressing the issue now?

      The current .ORG Registry Agreement expires on 31 August 2013. The proposed renewal .ORG Registry Agreement was posted for public comment between 21 June 2013 to 12 August 2013. The Board is being asked to approve the renewal .ORG registry Agreement prior to the expiration of the current .ORG Registry Agreement.

      What is the proposal being considered?

      The changes to the .ORG Registry Agreement and the Appendices fall within several broad categories: (1) changes to promote consistency across registries; (2) changes to include similar provisions from the New gTLD Registry Agreement approved by the New gTLD Program Committee of the ICANN Board; (3) changes to update the agreement to reflect changes that have occurred since the current .ORG Registry Agreement was signed (including updating references, technical changes and other updates); and (4) changes to allow PIR to better serve the internet community (including to allow PIR to more quickly address certain imminent threats to the security and stability of the TLD or the Internet).

      Which stakeholders or others were consulted?

      ICANN conducted a public comment period on the proposed renewal .ORG Registry Agreement from 21 June 2013 to 12 August 2013, following which time the comment was summarized and analyzed.

      What concerns or issues were raised by the community?

      One member of the community participated in the public comment period and raised comments regarding Whois requirements, access to registry services and rights protection mechanisms.

      There was a specific community concern raised, and subsequent letters provided to the Board, regarding the inclusion of a requirement for the Uniform Rapid Suspension (URS) to be included in the renewed agreement, as well as requiring the Registry Operator to use only Registrars contracted under the 2013 RAA. In taking this decision, the Board considered the concern that extending the requirement to use the URS to existing gTLDs (which currently is only a requirement for Registry Operators approved through the New gTLD Program) would possibly be a matter for policy development. In addition, requiring the imposition of the URS today to millions of domain names may be premature given the implementation schedule for the URS processes. With regard to the use of Registrars, the renewal agreement includes a term for transition to the exclusive use of Registrars contracted under the 2013 RAA, if certain conditions occur, including if Registrars representing two-thirds of the registrations in the TLD sign the 2013 RAA. In addition, the Board considered the concerns that requiring this long-operating Registry Operator to immediately transition to the use of Registrars contracted under the 2013 RAA could place the Registry Operator at a disadvantage to other existing gTLD operators that do not have this requirement nor a transitional clause written into their registry agreements. These issues were also considered with the Registry Operator as part of the development of the renewal agreement.

      What significant materials did the Board review?

      The Board reviewed the proposed .ORG Renewal Registry Agreement and its Appendices <http://www.icann.org/en/news/public-comment/org-renewal-21jun13-en.htm>. The Board also reviewed the summary and analysis of public comments.

      What factors the Board found to be significant?

      The Board carefully considered the public comments and the Staff recommendation with respect to those comments. The Board considered ICANN's contractual obligations with respect to the current .ORG Registry Agreement in reaching this decision, specifically that the agreement must be renewed absent certain uncured breaches by the registry operator and that certain terms of the renewal are required to conform to existing comparable gTLD registry agreements.

      Are there positive or negative community impacts?

      As part of the renewal process, ICANN conducted a review of PIR's recent performance under the current .ORG Registry Agreement. The compliance review covered areas including: Timeliness and Content of Monthly Reports; Add Grace Period Limits Policy; Bulk Zone File Requirements; and Payment of Required Fees. PIR was found to have substantially met its contractual requirements (see http://www.icann.org/en/news/public-comment/org-renewal-21jun13-en.htm). Evidence indicates that the community can expect such good performance to continue.

      Are there fiscal impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?

      There is no significant fiscal impact expected if ICANN approves the proposed renewal .ORG Registry Agreement. The provisions regarding registry-level fees and pricing constraints are for the most part consistent with the New gTLD Registry Agreement and the current comparable gTLDs.

      Are there any security, stability or resiliency issues relating to the DNS?

      There are no expected security, stability, or resiliency issues related to the DNS if ICANN approves the proposed renewal .ORG Registry Agreement. The proposed renewal .ORG Registry Agreement in fact includes terms intended to allow for swifter action in the event of certain threats to the security or stability of the DNS.

      This is an Organizational Administrative Function for which ICANN received public comment.

    4. Renewal of .BIZ Registry Agreement

      The Board took the following action:

      Whereas, ICANN conducted a public comment period from 3 June 2013 to 15 July 2013 <http://www.icann.org/en/news/public-comment/biz-renewal-03jun13-en.htm> on a proposed agreement for renewal of the 2006 .BIZ Registry Agreement <http://www.icann.org/en/about/agreements/registries/biz>.

      Whereas, the proposed renewal .BIZ Registry Agreement includes modified provisions to bring the .BIZ Registry Agreement into line with other comparable agreements as well as additional provisions of the New gTLD Registry Agreement.

      Whereas, the public comment forum on the proposed renewal .BIZ Registry Agreement closed on 15 July 2013, with ICANN receiving three comments. A summary and analysis of the comments was provided to the Board.

      Whereas, the Board has determined that no revisions to the proposed renewal .BIZ Registry Agreement are necessary after taking the comments into account.

      Whereas, the proposed renewal .BIZ Registry Agreement includes significant improvements as compared to the current .BIZ Registry Agreement.

      Resolved (2013.08.22.12), the proposed renewal .BIZ Registry Agreement is approved, and the President, Generic Domains Division and the General Counsel are authorized to take such actions as appropriate to implement the .BIZ Registry Agreement.

      Thirteen members of the Board approved Resolution 2013.08.22.12. Two Board members abstained. One Board member was unavailable to vote. The Resolution carried.

      Rationale for Resolution 2013.08.22.12

      Why the Board is addressing the issue now?

      The current .BIZ Registry Agreement expires on 31 August 2013. The proposed renewal .BIZ Registry Agreement was posted for public comment between 3 June 2013 and 15 July 2013. The Board is being asked to approve the renewal .BIZ Registry Agreement prior to the expiration of the current .BIZ Registry Agreement.

      What is the proposal being considered?

      The changes to the .BIZ Registry Agreement and the Appendices fall within several broad categories: (1) changes to promote consistency across registries; (2) changes to include similar provisions from the New gTLD Registry Agreement approved by the New gTLD Program Committee of the ICANN Board, (3) changes to update the agreement to reflect changes that have occurred since the current .BIZ Registry Agreement was signed (including updating references, technical changes and other updates); and (4) changes to allow Neustar to better serve the Internet community (including to allow Neustar to more quickly address certain imminent threats to the security and stability of the TLD or the Internet).

      Which stakeholders or others were consulted?

      ICANN conducted a public comment period on the proposed .BIZ renewal Registry Agreement from 3 June 2013 through 15 July 2013, following which time the comments were summarized and analyzed.

      What concerns or issues were raised by the community?

      Three members of the community participated in the public comment period. Members in the community raised comments regarding Whois requirements, dispute resolution mechanisms, access to registry services and rights protection mechanisms.

      There was a specific community concern raised, and subsequent letters provided to the Board, regarding the inclusion of a requirement for the Uniform Rapid Suspension (URS) to be included in the renewed agreement, as well as requiring the Registry Operator to use only Registrars contracted under the 2013 RAA. In taking this decision, the Board considered the concern that extending the requirement to use the URS to existing gTLDs (which currently is only a requirement for Registry Operators approved through the New gTLD Program) would possibly be a matter for policy development. In addition, requiring the imposition of the URS today to millions of domain names may be premature given the implementation schedule for the URS processes. With regard to the use of Registrars, the renewal agreement includes a term for transition to the exclusive use of Registrars contracted under the 2013 RAA, if certain conditions occur, including if Registrars representing two-thirds of the registrations in the TLD sign the 2013 RAA. In addition, the Board considered the concerns that requiring this long-operating Registry Operator to immediately transition to the use of Registrars contracted under the 2013 RAA could place the Registry Operator at a disadvantage to other existing gTLD operators that do not have this requirement nor a transitional clause written into their registry agreements. These issues were also considered with the Registry Operator as part of the development of the renewal agreement.

      What significant materials did the Board review?

      The Board reviewed the proposed .BIZ Renewal Registry Agreement and its Appendices <http://www.icann.org/en/news/public-comment/biz-renewal-03jun13-en.htm>. The Board also reviewed the summary and analysis of public comments.

      What factors the Board found to be significant?

      The Board carefully considered the public comments and Staff recommendation with respect to those comments. The Board considered ICANN's contractual obligations with respect to the current .BIZ Registry Agreement in reaching this decision, specifically that the agreement must be renewed absent certain uncured breaches by the registry operator and that certain terms of the renewal are required to conform to existing comparable gTLD registry agreements.

      Are there positive or negative community impacts?

      As part of the renewal process, ICANN conducted a review of Neustar's recent performance under the current .BIZ Registry Agreement. The compliance review covered areas including: Timeliness and Content of Monthly Reports; Add Grace Period Limits Policy; Bulk Zone File Requirements; and Payment of Required Fees. Neustar was found to have substantially met its contractual requirements (see http://www.icann.org/en/news/public-comment/biz-renewal-03jun13-en.htm). Evidence indicates that the community can expect such good performance to continue.

      Are there fiscal impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?

      There is no significant fiscal impact expected if ICANN approves the proposed renewal .BIZ renewal Registry Agreement. The provisions regarding registry-level fees and pricing constraints are for the most part consistent with the New gTLD Registry Agreement and the current comparable gTLDs.

      Are there any security, stability or resiliency issues relating to the DNS?

      There are no expected security, stability, or resiliency issues related to the DNS if ICANN approves the proposed renewal .BIZ Registry Agreement. The proposed renewal .BIZ Registry Agreement in fact includes terms intended to allow for swifter action in the event of certain threats to the security or stability of the DNS.

      This is an Organizational Administrative Function for which ICANN received public comment.

      The Chair then called the meeting to a close.

Published on 3 September 2013

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