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ICANN Opens Public Comments on ccNSO Supplemental Recommendation for Proposed Bylaws Change

26 May 2006


On 26 June 2003, the ICANN Board at its public meeting in Montreál, Canada, discussed and adopted amendments to the ICANN Bylaws to include the country code Names Supporting Organization (ccNSO).

On 6 June 2005, the ccNSO Council initiated a country code Policy Development Process (ccPDP) to encourage ccTLD managers to become members of the ccNSO. This process culminated in the ccNSO Council's adoption of the ccPDP Board Report in Vancouver and a request that the Issue Manager forward the Board Report to the ICANN Board for consideration. The Initial , Final , Members and Board reports prepared as part of this process are available on the ICANN website.

The Recommendations to the Board pertained to Article IX (ccNSO), Annex B (ccNSO Policy Development Process) and Annex C (the scope of the ccNSO) of the ICANN Bylaws . The ccNSO makes these recommendations as an improvement and clarification of the ICANN Bylaws on the ccNSO and the ccPDP in the interests of the ccNSO membership, the ccNSO Council and other stakeholders. All recommendations were adopted by the Board with the exception of Recommendation 3. At its meeting on 31 March 2006 the ICANN Board of directors unanimously rejected ccNSO Recommendation 3. However, the Board resolved that it was amenable to receiving further input from the ccNSO through its processes for a supplemental recommendation regarding good faith notice and consultation, before the amendment of any provision of Article IX of the ICANN Bylaws.

At its meeting on 11 May 2006 the ccNSO Council discussed the situation. It was decided to modify ccNSO Recommendation 3. Through an email vote the Council adopted the Supplemental Recommendation by 17 members voting in favour. The Supplemental Recommendation has been conveyed to the Members of the ccNSO in a Supplemental Members Report . The Members of the ccNSO will be given the opportunity to vote on the Supplemental Recommendation. The voting period will be concluded on 16 June 2006.

Parallel to and conditional upon the outcome of the vote of the members of the ccNSO, ICANN opens a Public Comments period on the proposed Bylaw change.

The ccNSO Supplemental Recommendation is outlined below and contains a summary of the matter of concern and the considerations as contained in the ccPDP Members Report on the Supplemental Recommendation. The proposed amendments are as follows (added text is underlined).

ccNSO Supplemental Recommendation


Under the current bylaws there is a provision (Article IX section 6) that deals with changes to Annex B and Annex C of the bylaws.

Should the ICANN Board only be able to change or amend Article IX, Annex B and Annex C after consultation and the consent of the members of the ccNSO?

The proposed Supplemental Recommendation ensures that ccNSO, the Council and the Members, will be informed in time of intended changes to Article IX of the bylaws, and will be involved in the process to amend Article IX of the ICANN bylaws. The proposal also ensures that the prerogative for changes to the Bylaws remains with the Board of ICANN. The wording used to reflect this is consistent with other parts of the bylaws.

Proposed amendment Article IX section 6.

1. The scope of the ccNSO's policy-development role shall initially be as stated in Annex C to these Bylaws ; any modifications to the scope shall be recommended to the Board by the ccNSO by use of the procedures of the ccPDP, and shall be subject to approval by the Board.

2. In developing global policies within the scope of the ccNSO and recommending them to the Board, the ccNSO shall follow the ccNSO Policy-Development Process (ccPDP). The ccPDP shall initially be as stated in Annex B to these Bylaws ; modifications shall be recommended to the Board by the ccNSO by use of the procedures of the ccPDP, and shall be subject to approval by the Board.

3. Unless the Board determines it is not practicable, the Board shall provide reasonable notice of any proposed amendment to Article IX of the Bylaws and formally consult in good faith with the ccNSO before making such amendment; such consultation will be conducted in accordance with procedures to be agreed by the Board and the ccNSO.

Please submit your comments by 16 June 2006.

Comments may be posted to ccnso-bylaws-changes@icann.org . Please note that to submit email your email address must first be verified; upon your first submission you will receive a message asking you to confirm your email address.

Submitted comments may be viewed at http://forum.icann.org/lists/ccnso-bylaws-changes .