Approved Resolution | Meeting of the New gTLD Program Committee 27 June 2012

Consent Agenda

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

1. Approval of Committee Minutes:

   Resolved (2012.06.27.NG01), the New gTLD Program Committee approves the minutes of the 10 April 2012 New gTLD Program Committee meeting.

   Resolved (2012.06.27.NG02), the New gTLD Program Committee approves the minutes of the 6 May 2012 New gTLD Program Committee meeting.

   Resolved (2012.06.27.NG03), the New gTLD Program Committee approves the minutes of the 29 May 2012 New gTLD Program Committee meeting.

Main Agenda

1. Reconsideration Request 12-1

   Whereas, the Board Governance Committee has reviewed Reconsideration Request 12-2 submitted by the International Olympic Committee on 10 May 2012 concerning the New gTLD Program Committee's 10 April 2012 decision on the GNSO Recommendation for Protection of Red Cross and International Olympic Committee Names in New gTLDs (http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-10apr12-en.htm).

   Whereas, the BGC has determined that Reconsideration Request 12-1 should be denied.

   Whereas, the BGC stated in its recommendation: "Though reconsideration is not proper in this instance, the BGC notes the use of the phrase "at this time" in the 10 April 2012 decision. As a matter of fairness, the BGC invites the New gTLD Program Committee to evaluate whether its decision on the GNSO Recommendations relating to the IOC is now ripe for determination given that the public comment period on the recommendations has now closed."

   Whereas, Reconsideration Request 12-1 and the BGC's recommendation have been posted on the ICANN website at http://www.icann.org/en/groups/board/governance/reconsideration.

   Resolved (2012.06.27.NG04), the New gTLD Program Committee adopts the recommendation of the BGC that Reconsideration Request 12-1 be denied, as the requestor did not satisfy the requirements to bring a reconsideration request. The request did not identify material information that the New gTLD Program Committee failed to take into consideration when taking its 10 April 2012 decision.

   Resolved (2012.06.27.NG05), the New gTLD Program Committee directs the President and CEO to review inputs received after the 10 April 2012 decision on this matter and provide an update to the New gTLD Program Committee.

   Rationale for Resolutions 2012.06.27.NG04 – 2012.06.27.NG05

   ICANN's Bylaws call for the Board Governance Committee to evaluate and make recommendations to the Board with respect to Reconsideration Requests. See Article IV, section 3 of the Bylaws. The New gTLD Program Committee, delegated the powers of the Board on this issue, has reviewed and thoroughly discussed the BGC's recommendation with respect to Reconsideration Request 12-1 and finds the analysis sound.

   Having a Reconsideration process whereby the BGC reviews and makes a recommendation to the Board (here, through the New gTLD Program Committee) for approval positively affects the transparency and accountability of ICANN. It provides an avenue for the community to ensure that staff and the Board are acting in accordance with ICANN's policies, Bylaws and Articles of Incorporation.

   To assure that the New gTLD Program Committee continues to remain accountable to the ICANN community, the Committee now seeks an update on the inputs received on this issue, including the close of public comment, the community comment (including the IOC/Red Cross and the Governmental Advisory Committee) received at the ICANN meeting in Prague, and the status of work within the GNSO on this issue.

   Adopting the BGC's recommendation has no financial impact on ICANN and will not negatively impact the systemic security, stability and resiliency of the domain name system.