Preliminary Report | Regular Meeting of the New gTLD Program Committee 5 March 2014

Note: On 10 April 2012, the Board established the New gTLD Program Committee, comprised of all voting members of the Board that are not conflicted with respect to the New gTLD Program. The Committee was granted all of the powers of the Board (subject to the limitations set forth by law, the Articles of Incorporation, Bylaws or ICANN's Conflicts of Interest Policy) to exercise Board-level authority for any and all issues that may arise relating to the New gTLD Program. The full scope of the Committee's authority is set forth in its charter at

Formal Minutes are still to be approved by the New gTLD Program Committee. This has not been approved by the New gTLD Program Committee 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 Minutes, when approved at a future meeting.

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

A Regular Meeting of the New gTLD Program Committee of the ICANN Board of Directors was held telephonically on 5 March 2014 at 22:00 UTC.

Committee Chairman Cherine Chalaby promptly called the meeting to order.

In addition to the Chair the following Directors participated in all or part of the meeting: Fadi Chehadé (President and CEO, ICANN), Steve Crocker (Board Chairman), Chris Disspain, Bill Graham, Olga Madruga-Forti, Gonzalo Navarro, Ray Plzak, George Sadowsky, Mike Silber, and Kuo-Wei Wu.

Bruno Lanvin and Erika Mann sent apologies.

Jonne Soininen (IETF Liaison) was in attendance as a non-voting liaison to the Committee. Heather Dryden was in attendance as an observer to the Committee.

Secretary: John Jeffrey (General Counsel and Secretary).

ICANN Executives and Staff in attendance for all or part of the meeting: Akram Atallah (President, Global Domains Division); Megan Bishop (Board Support Coordinator); Michelle Bright (Board Support Manager); Allen Grogan (Chief Contracting Counsel); Jamie Hedlund (Advisor to the President/CEO); Elizabeth Le (Senior Counsel); Cyrus Namazi (Vice President, DNS Industry Engagement); Olof Nordling (Senior Director, GAC Relations); Erika Randall (Counsel); Amy Stathos (Deputy General Counsel); Russ Weinstein (Sr. Manager, gTLD Operations); and Christine Willett (Vice President, gTLD Operations).

This is a Preliminary Report of the Meeting of the New gTLD Program Committee, which took place on 5 March 2014.

  1. Consent Agenda
    1. Approval of Minutes
  2. Main Agenda
    1. Update and discussion on New gTLD Program matters
    2. Reconsideration Request 13-13, Christopher Barron/GOProud
    3. Update on accountability mechanism processes
    4. AOB


  1. Consent Agenda:

    1. Approval of Minutes

      The Chair introduced the item on the Consent Agenda, and the Committee took the following action:

      Resolved (2014.03.05.NG01), the ICANN Board New gTLD Program Committee (NGPC) approves the minutes of the 9 January, 30 January and 5 February 2014 NGPC meetings.

      All members of the Committee present voted in favor of Resolution 2014.03.05.NG01. Four members of the Committee were unavailable to vote on the Resolution. The Resolution carried.

  2. Main Agenda:

    1. Update and discussion on New gTLD Program matters

      Staff made a presentation to the Committee concerning the New gTLD auction process, which will be used as a last resort for resolving string contention sets. The presentation included a discussion with the Committee about the community consultation process undertaken to develop the auction rules, the auction requirements included in the New gTLD Applicant Guidebook, the mechanics of using an ascending clock auction model, and the second-highest-bid feature.

      The Committee discussed how the public interest commitments (PICs) in the New gTLD Registry Agreement would be enforced. The Committee members and staff engaged in a discussion about the proactive and reactive options available in the Registry Agreement to ensure that registry operators are in compliance with the PICs, including the use of the Public Interest Commitments Dispute Resolution Process (PICDRP), and the use of audits performed by the Contractual Compliance Department. Staff noted that proposals for other proactive methods to ensure compliance with the PICs were under development and would be discussed further over the coming months. The Committee requested staff to provide additional clarification regarding the ability of a registry operator to amend its PICs, and the scope of the term "harmed party" in the PICDRP.

      Staff also provided the Committee with an update on the ongoing work to address namespace collisions, noting that the recommendations in a study on namespace collisions and a framework for risk mitigation prepared by JAS Global Advisors was published for public comment on 26 February 2014.

      The Committee made note of the correspondence it receives from governments on New gTLD Program matters, and discussed proposed methods for handling such correspondence.

    2. Reconsideration Request 13-13, Christopher Barron/GOProud

      The Committee decided to postpone further consideration of this agenda item to its next meeting to allow for analysis of additional facts at issue in the Reconsideration Request.

    3. Update on accountability mechanism processes

      Staff made a report to the Committee regarding the nature and number of Reconsideration Requests, Ombudsman recommendations, and Independent Review Proceedings filed in accordance with the Bylaws during 2013 and 2014.

    4. AOB

      The Committee engaged in a discussion of ongoing debates in the community concerning the process for receiving a waiver from compliance with specific terms and conditions of the Data Retention Specification in the 2013 Registrar Accreditation Agreement (RAA). Staff provided an update on the progress to date to address the waiver requests. The Committee determined that it would request that the Chairman of the Board include this topic on the Board's agenda for discussion at an upcoming meeting.

      The Committee discussed potential items to be included on the agenda for its meeting in Singapore, including some remaining open items of GAC advice.

      The Chair called the meeting to a close.

Published on 14 March 2014