Special Meeting of the Board | Preliminary Report 15 September 2005

[Special note from ICANN Secretary: A transcription of the board votes was taken and will be posted when the Board Minutes for this meeting are posted.]

The meeting was called to order by Vinton Cerf at 2:04 PM, Pacific Daylight Time.

Approval of .CAT Sponsored Top-Level Domain Registry Agreement

Whereas, the application for the delegation of .CAT submitted by Fundació puntCAT was determined by the independent evaluators to have met the baseline criteria, and accordingly the President and General Counsel were authorized to enter into negotiations with the applicant relating to proposed commercial and technical terms for the .CAT sponsored top-level domain.

Whereas, on 9 August 2005, the proposed .CAT sponsored TLD registry agreement was posted on the ICANN website <http://www.icann.org/tlds/agreements/cat/proposed-cat-agmt-09aug05.pdf> and submitted to the ICANN Board for approval.

Whereas, ICANN has received letters from a representative of the Government of Andorra - Sr. Daniel Bastida, Director del Department de la Societat de la Informació, Projectes Estrategics, Govern d'Andorra; and from the Government of Spain - Excmo. Sr. D. Francisco Ros Per?n, Secretario de Estado de Telecomunicaciones y para la Sociedad de la Información, Palacio de Comunicaciones.

Whereas, the Board has determined that approval of the agreement and delegation of a .CAT sponsored top-level domain to Fundació puntCAT would be beneficial for ICANN and the Internet community.

Resolved (05.__), that the proposed agreement with Fundació puntCAT concerning the .CAT sTLD is approved, and the President is authorized to take such actions as appropriate to implement the agreement.

The board approved the above resolution by a vote of 13-1 with a negative vote by Thomas Niles. Njeri Rionge was not present for the vote.

Review of Proposed .XXX Sponsored Top-Level Domain Registry Agreement

Whereas, an application for the delegation of .XXX was submitted by ICM Registry LLC was evaluated according to ICANN's designated sTLD processes and it was determined by the ICANN Board that the President and General Counsel were authorized to enter into negotiations with the applicant relating to proposed commercial and technical terms for the .XXX sponsored top-level domain.

Whereas, on 9 August 2005, the proposed .XXX sponsored TLD registry agreement was posted on the ICANN website <http://www.icann.org/tlds/agreements/xxx/proposed-xxx-agmt-09aug05.pdf> and submitted to the ICANN Board for approval.

Whereas, the ICANN Board has expressed concerns regarding issues relating to the compliance with the proposed .XXX Registry Agreement (including possible proposals for codes of conduct and ongoing obligations regarding potential changes in ownership) and has noted the importance of private registry agreements, in creating contractual means of affecting registries and other actors of the Internet community for the public interest.

Whereas, ICANN has received significant levels of correspondence from the Internet community users over recent weeks, as well as inquiries from a number of governments.

Resolved (05.__), that the ICANN President and General Counsel are directed to discuss possible additional contractual provisions or modifications for inclusion in the .XXX Registry Agreement, to ensure that there are effective provisions requiring development and implementation of policies consistent with the principles in the ICM application. Following such additional discussions, the President and General Counsel are requested to return to the board for additional approval, disapproval or advice.

The board approved the above resolution by a vote of 11-0 with three abstentions by Michael Palage, Alejandro Pisanty and Hualin Qian. Njeri Rionge was not present for the vote.

Authorization for Board Member Travel Expenditure

Resolved [05.__], The board hereby authorizes Alejandro Pisanty to participate at WSIS PrepCom 3 and will undertake to pay his reasonable and customary costs for purposes of that participation.

The board approved the resolution by a unanimous vote of the Board Members present, 14-0. Njeri Rionge was not present for the vote.

Other Matters

The approval of the minutes and the transcript from the voting for the 16 August 2005 was put over until the next Board Meeting to allow the Board Member's sufficient time to review the proposed minutes and transcript of the voting.

The ICANN Board of Directors deferred consideration of the remaining items on the Board's agenda until the next Board Meeting.

The Meeting was adjourned at 4:05 PM, Pacific Daylight Time.