Appendix B to Minutes
ICANN Board Meeting in Shanghai

31 October 2002

Appendix B to Minutes of Board Meeting
31 October 2002

Revisions to 23 October 2002 Proposed New Bylaws

Note: This document shows revisions to the 23 October 2002 Proposed New Bylaws Recommended by the Committee on ICANN Evolution and Reform, as introduced for the Board's consideration in resolution 02.117. Additional revisions were made by amendment at the Board's 31 October 2002 meeting, resulting in the New Bylaws shown in Appendix A. Only provisions revised from the 23 October 2002 proposal are shown. Added language is underlined and in magenta; deleted language is stricken through and in red.

ARTICLE I: MISSION AND CORE VALUES, Section 2. CORE VALUES

In performing its mission, the following core values should guide the decisions and actions of ICANN the ICANN Board of Directors (the "Board") and the recommendations of the ICANN Supporting Organizations (the "Supporting Organizations") and ICANN Advisory Committees (the "Advisory Committees"):

1. Preserving and enhancing the operational stability, reliability, security, and global interoperability of the Internet.

2. Respecting the creativity and innovation made possible by the Internet by limiting ICANN's activities to those matters within ICANN's mission requiring or significantly benefiting from global coordination.

3. To the extent feasible and appropriate, delegating coordination functions to or recognizing the policy role of other responsible entities that reflect the interests of affected parties.

4. Seeking and supporting broad, informed participation reflecting the functional, geographic, and cultural diversity of the Internet at all levels of policy development and decision-making.

5. Where feasible and appropriate, depending on market mechanisms to promote and sustain a competitive environment.

6. Introducing and promoting competition in the registration of domain names where practicable and beneficial in the public interest.

7. Employing open and transparent policy development mechanisms that (i) promote well-informed decisions based on expert advice, and (ii) ensure that those entities most affected can assist in the policy development process.

8. Making decisions by applying documented policies neutrally and objectively, with integrity and fairness.

9. Acting with a speed that is responsive to the needs of the Internet while, as part of the decision-making process, obtaining informed input from those entities most affected.

10. Remaining accountable to the Internet community through mechanisms that enhance ICANN's effectiveness.

11. While remaining rooted in the private sector, recognizing that governments and public authorities are responsible for public policy and duly taking into account governments' or public authorities' recommendations.

These core values are deliberately expressed in very general terms, so that they may provide useful and relevant guidance in the broadest possible range of circumstances. Because they are not narrowly prescriptive, the specific way in which they apply, individually and collectively, to each new situation will necessarily depend on many factors that cannot be fully anticipated or enumerated; and because they are statements of principle rather than practice, situations will inevitably arise in which perfect fidelity to all eleven core values simultaneously is not possible. Any ICANN body making a recommendation or decision shall exercise its judgment to determine which core values are most relevant and how they apply to the specific circumstances of the case at hand, and to determine, if necessary, an appropriate and defensible balance among competing values.

ARTICLE III: TRANSPARENCY, Section 6. NOTICE AND COMMENT ON POLICY ACTIONS

1. With respect to any policies that are being considered by the Board for adoption that substantially affect the operation of the Internet or third parties, including the imposition of any fees or charges, ICANN shall:

a. provide public notice on the Website explaining what policies are being considered for adoption and why, at least twenty-one fourteen days (and if practical, earlier) prior to any action by the Board; and

b. provide a reasonable opportunity for parties to comment on the adoption of the proposed policies, to see the comments of others, and to reply to those comments, prior to any action by the Board; and

c. in those cases where the policy action affects public policy concerns, to request the opinion of the Governmental Advisory Committee and take duly into account any advice timely presented by the Governmental Advisory Committee on its own initiative or at the Board's request.

2. Where both practically feasible and consistent with the relevant policy development process, an in-person public forum shall also be held for discussion of any proposed policies as described in Section 6(1)(b) of this Article, prior to any final Board action.

3. After taking action on any policy subject to this Section, the Board shall publish in the meeting minutes the reasons for any action taken, the vote of each Director voting on the action, and the separate statement of any Director desiring publication of such a statement.

ARTICLE IV: ACCOUNTABILITY AND REVIEW, Section 2. RECONSIDERATION

1. ICANN shall have in place a process by which any person or entity materially affected by an action of ICANN may request review or reconsideration of that action by the Board.

2. Any person or entity may submit a request for reconsideration or review of an ICANN action or inaction ("Reconsideration Request") to the extent that he, she, or it they have been adversely affected by:

a. one or more staff actions or inactions that contradict established ICANN policy(ies); or

b. one or more actions or inactions of the ICANN Board that have been taken or refused to be taken without consideration of material information, except where the party submitting the request could have submitted, but did not submit, the information for the Board's consideration at the time of action or refusal to act.

5. All Reconsideration Requests must be submitted to an e-mail address designated by the Board's Reconsideration Committee within thirty days after:

a. for requests challenging Board actions, the date on which information about the challenged Board action is first made public (in a public meeting of the Board or via published in a preliminary reports or minutes of the telephonic Board's meetings); or

b. for requests challenging staff actions, the date on which the party submitting the request became aware of, or reasonably should have become aware of, the challenged staff action; or

c. for requests challenging either Board or staff inaction, the date on which the affected person reasonably concluded, or reasonably should have concluded, that necessary action would not be taken in a timely manner.

6. All Reconsideration Requests must include the information required by the Reconsideration Committee, which shall include at least the following information:

a. name, address, and contact information for the requesting party, including postal and e-mail addresses;

b. the specific action or inaction of ICANN for which review or reconsideration is sought;

c. the date of the action or inaction;

d. the manner by which the requesting party will be affected by the action or inaction;

e. the extent to which, in the opinion of the party submitting the Request for Reconsideration, the action or inaction complained of adversely affects others;

f. whether a temporary stay of any action complained of is requested, and if so, the harms that will result if the action is not stayed;

g. in the case of staff action or inaction, a detailed explanation of the facts as presented to the staff and the reasons why the staff's action or inaction was inconsistent with established ICANN policy(ies);

h. in the case of Board action or inaction, a detailed explanation of the material information not considered by the Board and, if the information was not presented to the Board, the reasons the party submitting the request did not submit it to the Board before it acted or failed to act;

i. what specific steps the requesting party asks ICANN to take-i.e., whether and how the action should be reversed, cancelled, or modified, or what specific action should be taken;

j. the grounds on which the requested action should be taken; and

k. any documents the requesting party wishes to submit in support of its request.

9. The Reconsideration Committee shall review Reconsideration Requests promptly upon receipt and announce, within thirty days, its intention to either decline to consider or proceed to consider a Reconsideration Request within thirty days after receipt of the Request. The announcement shall be posted on the Website.

13. If the Reconsideration Committee requires additional information, it may elect to conduct a meeting with the party seeking Reconsideration by telephone, e-mail or, if acceptable to the party requesting reconsideration, in person. To the extent any information gathered in such a meeting is relevant to any recommendation by the Reconsideration Committee, it shall so state in its recommendation.

17. The Reconsideration Committee shall make a final recommendation to the Board with respect to a Reconsideration Request within ninety days following its receipt of the request, unless impractical, in which case it shall report to the Board the circumstances that prevented it from making a final recommendation and its best estimate of the time required to produce such a final recommendation. That The final recommendation shall be posted on the Website.

19. The Reconsideration Committee shall submit a report to the Board on an annual basis containing at least the following information for the preceding calendar year:

a. the number and general nature of Reconsideration Requests received in the preceding calendar year;

b. the number of Reconsideration Requests on which the Committee has taken action during the year;

c. the number of Reconsideration Requests that remained pending at the end of the calendar year and the average length of time for which such Reconsideration Requests have been pending;

d. a description of any Reconsideration Requests that were have been pending at the end of the calendar year for more than ninety (90) days and the reasons that the Committee has not taken action on them;

e. the number and nature of Reconsideration Requests that the Committee has declined to consider on the basis that they did do not meet the criteria established in this policy;

f. based on information about such denied for Reconsideration Requests that were denied, an explanation of any the extent to which other mechanisms are available to ensure that ICANN is accountable to persons materially affected by its decisions; and

g. whether or not, in the Committee's view, the criteria for which reconsideration may be requested should be revised, or another process should be adopted or modified, to ensure that all persons materially affected by ICANN decisions have meaningful access to a review process that ensures fairness while limiting frivolous claims.

20. Each annual report shall also aggregate the information on the topics listed in paragraph 19(a)-(e) of this Section for the period beginning 1 January 2003.

ARTICLE IV: ACCOUNTABILITY AND REVIEW, Section 3. INDEPENDENT REVIEW OF BOARD ACTIONS,

12. Declarations Decisions of the IRP shall be in writing. The IRP shall make its declaration decision based solely on the documentation, supporting materials, and arguments submitted by the parties, and in its declaration decision shall specifically designate the prevailing party. The party not prevailing shall be responsible for bearing all costs of the IRP Provider. Each party to the IRP proceedings shall bear its own expenses.

13. The IRP operating procedures, and all petitions, claims, and declarations decisions on claims, shall be posted on the Website when they become available.

15. Where feasible, the Board shall consider the IRP declaration at the Board's next meeting.

ARTICLE IV: ACCOUNTABILITY AND REVIEW, Section 4. PERIODIC REVIEW OF ICANN STRUCTURE AND OPERATIONS

The Board shall cause a periodic review, if feasible no less frequently than every three years, of the performance and operation of each Supporting Organization, Supporting Organization Council, Advisory Committee (other than the Governmental Advisory Committee) and Nominating Committee by an entity or entities independent of the organization under review. The goal of the review, to be undertaken pursuant to such criteria and standards as the Board shall direct, shall be to determine (i) whether that organization has a continuing purpose in the ICANN structure, and (ii) if so, whether any change in structure or operations is desirable to improve its effectiveness. The results of such reviews shall be posted on the Website for public review and comment, and shall be considered by the Board no later than the second scheduled meeting of the Board after such results have been posted for 30 days. The first such reviews, to be initiated within one year following the adoption of these Bylaws, shall be of the GNSO Names Council and the ICANN Root Server System Advisory Committee. The Governmental Advisory Committee shall provide its own review mechanisms.

ARTICLE VI: BOARD OF DIRECTORS, Section 5. INTERNATIONAL REPRESENTATION

In order to ensure broad international representation on the Board, the selection of Directors by the Nominating Committee and each Supporting Organization shall comply with all applicable geographic diversity provisions of these Bylaws or of any Memorandum of Understanding referred to in these Bylaws concerning the Supporting Organization. One The intent of these geographic diversity provisions is to ensure that at all times each Geographic Region shall have at least one Director, and at all times no region shall have more than five Directors on the Board (not including the President). As used in these Bylaws, each of the following is considered to be a "Geographic Region": Europe; Asia/Australia/Pacific; Latin America/Caribbean islands; Africa; and North America. The specific countries included in each Geographic Region shall be determined by the Board, and this Section shall be reviewed by the Board from time to time (but at least every three years) to determine whether any change is appropriate, taking account of the evolution of the Internet.

ARTICLE VI: BOARD OF DIRECTORS, Section 9. NON-VOTING LIAISONS

1. The non-voting liaisons shall include:

a. One appointed by the Governmental Advisory Committee established by Article XI of these Bylaws;

b. One appointed by the Root Server System Advisory Committee established by Article XI of these Bylaws;

c. One appointed by the Security and Stability Advisory Committee established by Article XI of these Bylaws;

d. One appointed by the Technical Liaison Group established by Article XI-A of these Bylaws;

e. One appointed by the At-Large Advisory Committee established by Article XI of these Bylaws; and

f. One appointed by the Internet Engineering Task Force.

3. Non-voting liaisons shall serve as volunteers, without compensation other than the reimbursement of certain expenses.

43. Each non-voting liaison may be reappointed, and shall remain in that position until a successor has been appointed or until the liaison resigns or is removed in accordance with these Bylaws.

54. The non-voting liaisons shall be entitled to attend Board meetings, participate in Board discussions and deliberations, and have access (under conditions established by the Board) to materials provided to Directors for use in Board discussions, deliberations and meetings, but shall otherwise not have any of the rights and privileges of Directors. Non-voting liaisons shall be entitled (under conditions established by the Board) to use any materials provided to them pursuant to this Section for the purpose of consulting with their respective committee or organization.

ARTICLE VI: BOARD OF DIRECTORS, Section 13. ANNUAL MEETINGS

Annual meetings of ICANN shall be held for the purpose of electing Officers and for the transaction of such other business as may come before the meeting. Each annual meeting shall be held during the fourth quarter of the calendar year. no earlier than the last week of September, and no later than the last week of December. In the absence of designation, the The annual meeting shall be held at the principal office of ICANN. The annual meeting shall be open to the public. If the Board determines that it is practical, the annual meeting should be distributed in real-time and archived video and audio formats on the Internet.

ARTICLE VII: NOMINATING COMMITTEE, Section 2. COMPOSITION

The Nominating Committee shall be composed of the following delegates:

1. A non-voting Chair, appointed by the ICANN Board;

2. The immediately previous Nominating Committee Chair, as a non-voting advisor;

3. A non-voting liaison appointed by the ICANN Root Server System Advisory Committee established by Article XI of these Bylaws;

4. A non-voting liaison appointed by the ICANN Security and Stability Advisory Committee established by Article XI of these Bylaws;

5. A non-voting liaison appointed by the Governmental Advisory Committee;

65. Subject to the provisions of the Transition Article of these Bylaws, five voting delegates selected by the At-Large Advisory Committee established by Article XI of these Bylaws;

76. Two voting delegates, one representing small business users and one representing large business users, selected by the Business Users Constituency of the Generic Names Supporting Organization established by Article X of these Bylaws; and

87. One voting delegate each selected by the following entities:

a. The gTLD Registry Constituency of the Generic Names Supporting Organization established by Article X of these Bylaws;

b. The gTLD Registrars Constituency of the Generic Names Supporting Organization established by Article X of these Bylaws;

c. The Council of the Country Code Names Supporting Organization established by Article IX of these Bylaws;

d. The Internet Service Providers Constituency of the Generic Names Supporting Organization established by Article X of these Bylaws;

e. The Intellectual Property Constituency of the Generic Names Supporting Organization established by Article X of these Bylaws;

f. The Council of the Address Supporting Organization established by Article VIII of these Bylaws;

g. An entity designated by the Board to represent academic and similar other public organizations;

h. Consumer and civil society groups, selected by the Non-commercial Users Constituency of the Generic Names Supporting Organization established by Article X of these Bylaws;

i. The Internet Engineering Task Force; and

j. The ICANN Technical Liaison Group established by Article XI-A of these Bylaws.; and

k. The ICANN Governmental Advisory Committee established by Article XI of these Bylaws.

ARTICLE VII: NOMINATING COMMITTEE, Section 5. DIVERSITY

In carrying out its responsibilities to select members of the ICANN Board (and selections to any other ICANN bodies as the Nominating Committee is responsible for under these Bylaws), the Nominating Committee shall take into account the continuing membership of the ICANN Board (and such other bodies), and seek to ensure that the persons selected to fill vacancies on the ICANN Board (and each such other body) shall, to the extent feasible and consistent with the other criteria required to be applied by Section 4 of this Article, make selections guided by Core Value 4 in Article I, Section 2. that augment the diversity in geography, skills, experience, and perspective that is a core objective of ICANN.

ARTICLE VII: NOMINATING COMMITTEE, Section 6. ADMINISTRATIVE AND OPERATIONAL SUPPORT

ICANN shall provide administrative and operational support necessary for the Nominating Committee to carry out its responsibilities.

ARTICLE VII: NOMINATING COMMITTEE, Section 7. PROCEDURES

The Nominating Committee shall adopt such operating procedures as it deems necessary, which shall be published on the Website.

ARTICLE X: GENERIC NAMES SUPPORTING ORGANIZATION, Section 4. STAFF SUPPORT AND FUNDING

2. ICANN shall provide administrative and operational support necessary for the GNSO to carry out its responsibilities. Such support shall not include travel expenses incurred by GNSO participants for travel to any meeting of the GNSO or for any other purpose.

ARTICLE X: GENERIC NAMES SUPPORTING ORGANIZATION, Section 5. CONSTITUENCIES

3. Each Constituency identified in paragraph 1 of this Section shall maintain its recognition, and thus its ability to select GNSO Council representatives, only so long as it in fact represents the interests globally of the stakeholder communities it purports to represent, and shall operate to the maximum extent feasible in an open and transparent manner and consistent with procedures designed to ensure fairness. No individual or entity shall be excluded from participation in a Constituency merely because of participation in another Constituency. No person or entity that is an active member of any one Constituency shall be a member of any other Constituency.

ARTICLE XI: ADVISORY COMMITTEES, Section 2. SPECIFIC ADVISORY COMMITTEES

There shall be at least the following Advisory Committees:

1. Governmental Advisory Committee

a. The Governmental Advisory Committee should consider and provide advice on the activities of ICANN as they relate to concerns of governments, particularly matters where there may be an interaction between ICANN's policies and various laws and international agreements or where they may affect public policy issues.

b. Membership in the Governmental Advisory Committee shall be open to all national governments. Membership shall also be open to Distinct Economies as recognized in international fora, and multinational governmental organizations and treaty organizations, on the invitation of the Governmental Advisory Committee through its Chair, or on invitation of the ICANN Board.

c. The Governmental Advisory Committee may adopt its own charter and internal operating principles or procedures to guide its operations.

h. The Board shall notify the Chair of the Governmental Advisory Committee in a timely manner of any proposal raising public policy issues on for which it or any of ICANN's supporting organizations or advisory committees seeks public comment, and shall take duly into account consider any timely response to that notification prior to taking action.

i. The Governmental Advisory Committee may put issues to the Board directly, either by way of comment or prior advice, or by way of specifically recommending action or new policy development or revision to existing policies.

j. The advice of the Governmental Advisory Committee on public policy matters shall be duly taken into account, both in the formulation and adoption of policies. In the event that the ICANN Board determines to take an action that is not consistent with the Governmental Advisory Committee advice, it shall so inform the Committee and state the reasons why it decided not to follow that advice. The Governmental Advisory Committee and the ICANN Board will then try, in good faith and in a timely and efficient manner, to find a mutually acceptable solution.

k. If no such solution can be found, the ICANN Board will state in its final decision the reasons why the Governmental Advisory Committee advice was not followed, and such statement will be without prejudice to the rights or obligations of Governmental Advisory Committee members with regard to public policy issues falling within their responsibilities.

4. At-Large Advisory Committee

f. Subject to the provisions of the Transition Article of these Bylaws, the At-Large Advisory Committee may designate a non-voting liaison to the GNSO Council.

gf. There shall be one RALO for each Geographic Region established according to Section 5 of Article VI. Each RALO shall serve as the main forum and coordination point for public input to ICANN in its Geographic Region and shall be a non-profit organization certified by ICANN according to criteria and standards established by the Board based on recommendations of the At-Large Advisory Committee. An organization shall become the recognized RALO for its Geographic Region upon entering a Memorandum of Understanding with ICANN addressing the respective roles and responsibilities of ICANN and the RALO regarding the process for selecting ALAC members and requirements of openness, participatory opportunities, transparency, accountability, and diversity in the RALO's structure and procedures, as well as criteria and standards for the RALO's constituent At-Large Structures.

hg. Each RALO shall be comprised of self-supporting At-Large Structures within its Geographic Region, certified according to paragraph 4(i) of this Section, that involve individual Internet users at the local or issue level and that, in the aggregate, are open to participation by all (but only) individual Internet users who are citizens and residents of the RALO's Geographic Region (as defined in Section 5 of Article VI). If so provided by its Memorandum of Understanding with ICANN, a RALO may also have as its members individual Internet users who are citizens and residents of the RALO's Geographic Region.

ih. The ALAC is responsible for certifying organizations as meeting the criteria and standards for At-Large Structures. The criteria and standards for certification of At-Large Structures within a each Geographic Region shall be established by the Board based on recommendations of the ALAC and shall be stated in the Memorandum of Understanding between ICANN and the RALO for that Geographic Region, so that each RALO is afforded the type of structure that best fits its Geographic Region's customs and characteristics. Decisions to certify or de-certify an At-Large Structure as meeting the applicable criteria and standards shall require a 2/3 vote of all the members of the ALAC and shall be subject to review according to procedures the Board may establish. The ALAC may also give advice as to whether a prospective At-Large Structure meets the applicable criteria and standards.

ji. The ALAC is also responsible, working in conjunction with the RALOs, for coordinating the following activities:

1. Keeping the community of individual Internet users informed about the significant news from ICANN;

2. Distributing (through posting or otherwise) an updated agenda, news about ICANN, and information about items in the ICANN policy-development process;

3. Promoting outreach activities in the community of individual Internet users;

4. Developing and maintaining on-going information and education programs, regarding ICANN and its work;

5 Establishing an outreach strategy about ICANN issues in each RALO's Region;

6. Making public, and analyzing, ICANN's proposed policies and its decisions and their (potential) regional impact and (potential) effect on individuals in the region;

7. Offering Internet-based mechanisms that enable discussions among members of At-Large structures; and

8. Establishing mechanisms and processes that enable two-way communication between members of At-Large Structures and those involved in ICANN decision-making, so interested individuals can share their views on pending ICANN issues.

ARTICLE XI-A: OTHER ADVISORY MECHANISMS, Section 1. EXTERNAL EXPERT ADVICE ADVISORY PANELS

1. Purpose. The purpose of seeking external expert advice is The use of Expert Advisory Panels is intended to allow the policy-development process within ICANN to take advantage of existing expertise that resides in the public or private sector but outside of ICANN. In those cases where there are relevant public bodies with expertise, or where access to private expertise could be helpful, the Board and constituent bodies should be encouraged to seek advice from such expert bodies or individuals.

2. Types of Expert Advisory Panels. On its own initiative or at the suggestion of any ICANN body, the Board may appoint, or authorize the President to appoint, Expert Advisory Panels consisting of public or private sector individuals or entities. If the advice sought from such Panels concerns issues of public policy, the provisions of Section 1(3)(b) of this Article shall apply. In addition, in accordance with Section 1(3) of this Article, the Board may refer issues of public policy pertinent to matters within ICANN’s mission to a multinational governmental or treaty organization, which may convene an Expert Advisory Panel on those issues.

3. Process for Seeking Advice-Public Policy Matters.

a. The Governmental Advisory Committee may at any time recommend that the Board seek advice concerning one or more issues of public policy from an external source, as set out above through the use of an Expert Advisory Panel convened by a multinational governmental or treaty organization.

b. In the event that the Board determines, upon such a recommendation or otherwise, that external advice should be sought concerning one or more issues of public policy from an Expert Advisory Panel convened by a multinational governmental or treaty organization, the Board shall, as appropriate, consult with the Governmental Advisory Committee regarding the appropriate source organization from which to seek the advice and the arrangements, including definition of scope and process, for requesting and obtaining that advice.

c. The Board shall, as appropriate, transmit any request for advice from a multinational governmental or treaty organization to convene an Expert Advisory Panel, including specific terms of reference, to the Governmental Advisory Committee, with the suggestion that the request be transmitted by the Governmental Advisory Committee to the multinational governmental or treaty organization.

4. Process for Seeking and Advice-Other Matters. Any reference of issues not concerning public policy to an Expert Advisory Panel by the Board or President in accordance with Section 1(2)(a) of this Article shall be made pursuant to terms of reference describing the issues on which input and advice is sought and the procedures and schedule to be followed.

5. Receipt of Expert Advice from Expert Advisory Panels and its Effect. External advice pursuant to this Section External Advisory Panels shall be provided in written form provide their advice by written reports. Such advice Advice received from Expert Advisory Panels is advisory and not binding, and is intended to augment the information available to the Board or other ICANN body in carrying out its responsibilities.

6. Opportunity to Comment. The Governmental Advisory Committee, in addition to the Supporting Organizations and other Advisory Committees, shall have an opportunity to comment upon any external advice received prior to any decision by the Board.

ARTICLE XIII: OFFICERS, Section 9. CONFLICTS OF INTEREST

The Board, through a committee designated for that purpose, shall establish a policy requiring a statement from each Officer not less frequently than once a year setting forth all business and other affiliations which relate in any way to the business and other affiliations of ICANN.

ARTICLE XVI: FISCAL MATTERS, Section 4. ANNUAL BUDGET

The President shall prepare and, at At least forty-five (45) days prior to the commencement of each fiscal year, the President shall prepare and submit to the Board, a proposed annual budget of ICANN for the next fiscal year, which shall be posted on the Website. The proposed budget shall identify anticipated revenue sources and levels and shall, to the extent practical, identify anticipated material expense items by line item. The Board shall adopt an annual budget and shall publish the adopted Budget on the Website.

Section 5. FEES AND CHARGES

The Board may set fees and charges for the services and benefits provided by ICANN, with the goal of fully recovering the reasonable costs of the operation of ICANN and establishing reasonable reserves for future expenses and contingencies reasonably related to the legitimate activities of ICANN. Such fees and charges shall be fair and equitable, shall be published for public comment prior to adoption, and once adopted shall be published on the Website in a sufficiently detailed manner so as to be readily accessible.