Generic Top-Level Domain (gTLD) Registry Agreements

gTLD Registry Agreements establish the rights, duties, liabilities, and obligations ICANN requires of registry operators to run gTLDs.

Proposed TLD Sponsorship Agreement: Attachment 21 (.aero)

ICANN | Proposed TLD Sponsorship Agreement: Attachment 21 (.aero)

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Proposed TLD Sponsorship Agreement: Attachment 21 (.aero)

Posted: 10 November 2001


Proof of Concepts

Sponsor shall provide the following reports and related data to ICANN for use in its proof-of-concept evaluation. Such reports shall be provided according to the schedule described herein during the Term of the TLD Sponsorship Agreement. In the event information sought in this Attachment continues to be relevant after the formal evaluation, the parties shall discuss moving the requirements stated in this Attachment for ongoing provision of information to Attachment 20. Capitalized terms shall have the meanings defined in the TLD Sponsorship Agreement and its Attachments.

The reports provided by Sponsor as described in this Attachment shall be subject to confidentiality restrictions according to categories described in Section 11.

1. Concept: Procedures for Maintaining Stability and Fairness in Launch of a Sponsored TLD ("sTLD")

1.1 Phase 0 Effectiveness - within 120 days after the end of Phase 01 Sponsor shall provide the following information and reports to ICANN.

1.1.1 A list of all domain names inserted into the .aero zone during Phase 0.

1.1.2 A summary of complaints and comments received by Sponsor regarding the initial Domain Management Policy.

1.1.3 A description of significant technical difficulties, if any, encountered during Phase 0.

1.2 Phase 1 Effectiveness - within 120 days after the end of Phase 1, Sponsor shall provide the following information and reports to ICANN.

1.2.1 A report detailing the effectiveness of the Sponsor's comprehensive testing of the registry system.

1.2.2 A summary of the complaints received by Sponsor regarding comprehensive testing of the registry system during Phase 1.

1.2.3 A summary of the complaints received by Sponsor regarding the registration procedures adopted during Phase 1.

1.2.4 A description of significant technical difficulties encountered during Phase 1.

1.3 Phase 2 Effectiveness - within 120 days after the end of Phase 2, Sponsor shall provide the following information and reports to ICANN.

1.3.1 A summary of the complaints received by Sponsor regarding the attribution of names during Phase 2.

1.3.2 A description of significant technical difficulties encountered during Phase 2.

1.4 Phase 3 Effectiveness - within 120 days after the end of Phase 3, Sponsor shall provide the following information and reports to ICANN.

1.4.1 List the aviation community sectors introduced during Phase 3.

1.4.2 Total initial registration volume by week during Phase 3.

1.4.3 Total initial Phase 3 registration volume with holder addresses in the regions described below:

1.4.3.1 Africa;

1.4.3.2 Asia Pacific;

1.4.3.3 Europe;

1.4.3.4 Latin America/Caribbean; and

1.4.3.5 North America.

1.4.4 Total number of ICANN-Accredited Registrars authorized to submit registrations during Phase 3. If any registrar becomes or ceases to be authorized during Phase 3, identify the registrar, provide the date of the change, and state whether it was an authorization or termination of authorization.

1.4.5 Total number of domain names registered during Phase 3 under the sponsorship of each authorized ICANN-Accredited Registrar.

1.4.6 A summary of the complaints received from authorized ICANN-Accredited Registrars regarding the processing of Phase 3 registrations.

1.4.7 A description of significant technical difficulties encountered during Phase 3.

1.5 Phase 4 Effectiveness - within 120 days after the end of Phase 4, Sponsor shall provide the following information and reports to ICANN.

1.5.1 List the aviation community sectors introduced during Phase 4.

1.5.2 Total initial registration volume by week during Phase 4.

1.5.3 Total initial Phase 4 registration volume with holder addresses in the regions described below:

1.5.3.1 Africa;

1.5.3.2 Asia Pacific;

1.5.3.3 Europe;

1.5.3.4 Latin America/Caribbean; and

1.5.3.5 North America.

1.5.4 Total number of ICANN-Accredited Registrars authorized to submit registrations during Phase 4. If any registrar becomes or ceases to be authorized during Phase 4, identify the registrar, provide the date of the change, and state whether it was an authorization or termination of authorization.

1.5.5 Total number of domain names registered during Phase 4 under the sponsorship of each authorized ICANN-Accredited Registrar.

1.5.6 A summary of the complaints received from authorized ICANN-Accredited Registrars regarding the processing of Phase 4 registrations.

1.5.7 A description of significant technical difficulties encountered during Phase 4.

1.6 Phase 5 Effectiveness - within 180 days after the start of Phase 5, Sponsor shall provide the following information and reports to ICANN.

1.6.1 List the aviation community sectors introduced during Phase 5.

1.6.2 Total initial registration volume by week during Phase 5.

1.6.3 Total initial Phase 5 registration volume with holder addresses in the regions described below:

1.6.3.1 Africa;

1.6.3.2 Asia Pacific;

1.6.3.3 Europe;

1.6.3.4 Latin America/Caribbean; and

1.6.3.5 North America.

1.6.4 Total number of ICANN-Accredited Registrars authorized to submit registrations during Phase 5. If any registrar becomes or ceases to be authorized during Phase 5, identify the registrar, provide the date of the change, and state whether it was an authorization or termination of authorization.

1.6.5 Total number of domain names registered during Phase 5 under the sponsorship of each authorized ICANN-Accredited Registrar.

1.6.6 A summary of the complaints received from authorized ICANN-Accredited Registrars regarding the processing of Phase 5 registrations.

1.6.7 A description of significant technical difficulties encountered during Phase 5.

1.7 Miscellaneous - within 30 days after learning of any lawsuit concerning the start-up activities of .aero, (i.e. activities in Phase 0, Phase 1, or the first 140 days of Phase 2, etc.) please identify the lawsuit and provide a copy of the complaint or described its allegations.

2. Concept: An sTLD can Provide Some Degree of Competition with Unrestricted TLDs Such as .com and .info, Even with a Limited Number of Authorized Registrars

Annual Reports - no later than one month after each anniversary date after the Effective Date, Sponsor shall provide to ICANN an "Effectiveness of Competition Report" with the following information:

2.1 Total number of authorized ICANN-Accredited Registrars registering domain names in the sTLD.

2.1.1 Total number of ICANN-Accredited Registrars authorized to register domain names in the sTLD broken down on a quarterly basis (include a geographic breakdown by global region).

2.1.2 Total number of ICANN-Accredited Registrars authorized to register domain names in the sTLD that were terminated, broken down on a quarterly basis (include a geographic breakdown by global region).

2.1.3 Describe the reason for each termination listed above.

2.1.4 Total number of registrations under management by each authorized ICANN-Accredited Registrar, broken down on a quarterly basis.

2.2 A list of all registrars expressing interest to the Sponsor in becoming authorized to the Sponsored TLD, the date on which interest was first expressed to the Sponsor, and the disposition or status of the inquiry.

2.3 Number of registrations during each calendar month ending in the year to which the report relates.

2.4 Number of renewals during each calendar month ending in the year to which the report relates.

2.5 Number of registration transfers during each calendar month ending in the year to which the report relates.

2.6 Provide the Geographic breakdown of registrants by global region:

2.6.1 Africa;

2.6.2 Asia Pacific;

2.6.3 Europe;

2.6.4 Latin America/Caribbean; and

2.6.5 North America.

2.7 Total domain names expiring and not renewed during each calendar month ending in the year to which the report relates.

2.8 Average term of new registrations during each calendar month ending in the year to which the report relates.

2.9 Average term of renewals during each calendar month ending in the year to which the report relates.

3. Concept: Adding a sTLD Will Result in an Expansion and Globalization of the Effective Namespace, Rather than Wasteful Duplication of Registrations

Annual Reports - No later than one month after each anniversary date after the Effective Date, Sponsor shall provide to ICANN an "Expansion of the DNS Report" with the following elements:

3.1 Total number of duplicate registrations (i.e. same name) with each of the following TLDs at the end of each calendar month ending in the year to which the report relates.

3.1.1 .com;

3.1.2 .net;

3.1.3 .org;

3.1.4 .de; and

3.1.5 .co.uk.

3.2 An estimate of the percentage of such duplicate registrations registered to the same holder (e.g., example.aero and example.com registered to the same holder).

3.3 The estimated percentage of such duplicate registrations sharing at least one nameserver with respect to each of the five domains listed in 3.1.1 to 3.1.5.

4. Concept: Registry Services Can Effectively Be Provided by a Registry Operator Selected by Sponsor

Annual Reports - No later than one month after each anniversary date after the Effective Date, Sponsor shall provide to ICANN a "Registry Operator Report" with the following elements:

4.1 Ability to Effectively Operate the Registry.

4.1.1 Total number of registrations under management during each calendar month ending in the year to which the report relates.

4.1.2 A summary of the complaints received (if any) from registrants regarding the Registry Operator.

4.1.3 A description of significant technical difficulties encountered by Registry Operator during the period of this report.

4.2 Ability to Attract and Maintain Registrars.

4.2.1 A report summarizing the mechanisms used by Registry Operator for testing and evaluating registrars' technical ability to comply with registration policies and restrictions.

4.2.2 A summary of complaints received from registrars regarding technical testing and evaluation.

4.2.3 A discussion of the effectiveness of the technical testing and evaluation to include the number of registrars tested, number of registrars that failed testing and methods for improvement (if any).

4.3 Total number of complaints received by Sponsor from authorized ICANN-Accredited Registrars regarding services provided by Registry Operator.

4.3.1 Identify and categorize the types of complaints received from authorized registrars.

4.3.2 List corrective actions, if any, in response to the categorized complaints.

5. Concept: A Sponsor Can Institute Adequate Mechanisms for Ensuring that all Registrars Follow Sound Business Practices and are Treated Fairly

Annual Reports - No later than one month after each anniversary date after the Effective Date, Sponsor shall provide to ICANN a "Fair-Treatment Report" with the following elements:

5.1 Total number of complaints received by Sponsor from registrants regarding services provided by authorized ICANN-Accredited Registrars. Identify the registrar and categorize the nature/type of complaint (e.g. registrar failure to renew).

5.2 Total number of authorized ICANN-Accredited Registrars restricted from further registrations for non-payment of registration fees.

6. Concept: Capital Requirements in Sponsoring the sTLD

Annual Reports - No later than one month after each anniversary date after the Effective Date, Sponsor shall provide to ICANN a "Funding Requirements Report" with the following elements:

6.1 Total expenditures by Sponsor during the period of this report.

6.2 Breakdown of expenditures by Sponsor for the following categories:

6.2.1 Marketing;

6.2.2 Software; and

6.2.3 Hardware.

6.3 Provide a list of the employee positions hired by Sponsor during the following periods:

6.3.1 Phase 0;

6.3.2 Phase 3; and

6.3.3 Phase 5 on a quarterly basis.

7. Concept: Introducing the sTLD will Enhance the Utility of the DNS.

Annual Reports - no later than one month after each anniversary date after the Effective Date, Sponsor shall provide to ICANN an "Enhancement of DNS Utility Report" with the following elements:

7.1 Use of Industry Sector Second-Level Sub-Domains.

7.1.1 Identify each industry sector second-level sub-domain in the sTLD.

7.1.2 Total number of Registered Names in each industry sector second-level sub-domain.

7.1.3 In the instance(s) where and alternate method of registering domain names is utilized pursuant to Attachment 8, provide a report detailing the (a) industry sector, (b) date registrations were first accepted in the industry sector, (c) alternate method utilized for name registration, (d) total number of domain names registered pursuant to the alternate method, and (e) total number of Registered Names transferred to each authorized ICANN-Accredited Registrar.

7.1.4 A summary of the complaints received from Registered Name Holders, if any, regarding the transfer of their domain names to authorized ICANN-Accredited Registrars.

7.1.5 A summary of any significant technical difficulties encountered during the implementation of industry sector second-level sub-domains.

7.2 A report summarizing the mechanisms for enforcement of disputes between owners of rights in names (such as trademarks) and registrants and the effectiveness of those mechanisms.

7.3 Sponsored TLD Community Participation.

7.3.1 Identify groups, associations and the like which are members of the Sponsored TLD Community and actively participate in the establishment, revision or enforcement of standards, policies, procedures and practices for the sTLD.

7.3.2 Identify each voting member of the Sponsor's Board of Directors to include the identity of the organization appointing, electing and/or nominating the individual director.

7.3.3 Identify by name the industry representative groups and their nominees.

7.3.4 A report detailing the effectiveness of the .aero email discussion list (if one exists) in promoting sTLD Community discussion.

7.3.5 A report detailing the effectiveness of the open forum for communication provided by the Sponsor as required by Attachment 23.

8. Concept: A Charter Eligibility Dispute Resolution Policy ("CEDRP") is an Effective Means to Enforce the sTLD Charter

Annual Reports - no later than one month after each anniversary date after the Effective Date, Sponsor shall provide to ICANN a "Registration Restrictions Report" with the following elements:

8.1 A statement of the total number of Charter Eligibility Dispute Resolution Policy ("CEDRP") Challenges filed.

8.2 A statement, broken down by the region of the Registered Nameholder's address as described below, of the number of names subject to successful CEDRP challenges:

8.2.1 Africa;

8.2.2 Asia Pacific;

8.2.3 Europe;

8.2.4 Latin America/Caribbean; and

8.2.5 North America.

8.3 A statement, broken down by the region of the successful challenger's address as described below, of the number of names subject to successful CEDRP challenges:

8.3.1 Africa;

8.3.2 Asia Pacific;

8.3.3 Europe;

8.3.4 Latin America/Caribbean; and

8.3.5 North America.

9. Concept: Sponsor-Provided ENS Services are an Effective Way to Enforce Registration Restrictions

Annual Reports - no later than one month after each anniversary date after the Effective Date, Sponsor shall provide to ICANN an "ENS Services Report" with the following elements:

9.1 A summary of complaints received from authorized ICANN-Accredited Registrars regarding ENS Services.

9.2 A summary of complaints received from registrants regarding ENS Services.

9.3 If applicable, a report detailing the sTLD Community's comments regarding whether ENS Services should be distributed on a broader collaborative basis among appropriate organizations selected by Sponsor. Include:

9.3.1 a list of the appropriate organizations; and

9.3.2 the extent to which each organization is authorized to offer ENS Services.

9.3.3 Provide a report detailing the effectiveness of the ENS Services in limiting abusive registration practices.

10. Commercially Reasonable Efforts and Review

Many of the reports to be provided by Sponsor require access to data to which Sponsor may not be privy or which may not be reasonably available to Sponsor. Recognizing the importance of the proof of concept:

Sponsor shall use commercially reasonable efforts to obtain all necessary data and complete the required reports as set forth in this Attachment; and

In the event Sponsor is unable through commercially reasonable efforts to obtain the requisite data to complete the required reports or the compilation of a specific report proves unreasonably costly, ICANN shall, to the fullest extent possible, assist Sponsor and/or the community in obtaining or coordinating efforts to obtain the data, or alternative data (including as appropriate data of reduced scope) useful in connection with the proof of concept, in a less costly way.

11. Confidentiality

The reports provided by Sponsor as described in this Attachment shall be subject to confidentiality restrictions according to categories described in the following table:

Category Restrictions
1 May be publicly disclosed by ICANN 18 months after the information is reported to ICANN.
2 May be publicly disclosed by ICANN 6 months after the information is reported to ICANN.
3 May be publicly disclosed by ICANN 3 months after the last date to which the information relates.
4 No confidentiality restrictions.

Sponsor shall clearly label all reports and information provided pursuant to this Attachment with the appropriate confidentiality category prior to submission to ICANN.

ICANN shall use commercially reasonable efforts to prevent public disclosure prior to the times described in the table above.

The following table sets forth, for each report, the confidentiality category (CC) that applies to it.

Report ID CC Report ID CC Report ID CC Report ID CC

1.1.1

3

1.5.5

3

2.6

4

6.2

1

1.1.2

3

1.5.6

3

2.7

3

6.3

2

1.1.3

3

1.5.7

3

2.8

3

7.1.1

4

1.2.1

3

1.6.1

3

2.9

3

7.1.2

4

1.2.2

3

1.6.2

3

3.1

4

7.1.3

3

1.2.3

4

1.6.3

3

3.2

4

7.1.4

3

1.2.4

3

1.6.4

4

3.3

4

7.1.5

3

1.3.1

3

1.6.5

3

4.1.1

3

7.2

4

1.3.2

3

1.6.6

3

4.1.2

3

7.3.1

4

1.4.1

3

1.6.7

3

4.1.3

3

7.3.2

4

1.4.2

3

1.7

4

4.2.1

4

7.3.3

4

1.4.3

3

2.1.1

4

4.2.2

3

7.3.4

4

1.4.4

4

2.1.2

4

4.2.3

3

7.3.5

4

1.4.5

3

2.1.3

2

4.3

2

8.1

4

1.4.6

3

2.1.4

3

4.3.1

2

8.2

4

1.4.7

3

2.2

3

4.3.2

2

8.3

4

1.5.1

3

2.3

3

5.1

2

9.1

3

1.5.2

3

2.4

3

5.2

3

9.2

3

1.5.3

3

2.5

3

6.1

3

9.3

4

1.5.4

4

           

Note (to item 1.1):

1. Phases 0 through 5 are described in Attachment 8.


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