Approved Board Resolutions | Meeting No. 7/2004 29 June 2004

.net Registry Agreement Resolution -- Approval of Transparent Procedure for Designating Successor Registry Operator

Whereas, Section 5.1 of the .net Registry Agreement entered into between ICANN and VeriSign on 25 May 2001 provides that the agreement will expire no later than 30 June 2005 <http://www.icann.org/tlds/agreements/verisign/registry-agmt-net-25may01.htm>;

Whereas, Section 5.2 of the .net Registry Agreement obligates ICANN to adopt an open, transparent procedure for designating a successor Registry Operator by no later than one year prior to the end of the agreement, which would be 30 June 2004;

Whereas, ICANN staff a draft procedure for designating a successor Registry Operator for .net on the ICANN website and received 9 total comments;

Whereas, the ICANN Board has reviewed this draft procedure for designating a successor Registry Operator for .net and has subsequently reviewed the public comments;

Resolved, [04.45] that Board hereby approves the open and transparent procedure for designating a successor operator for .net registry and hereby authorizes the President to post this procedure to the ICANN website by 30 June 2004;

Resolved, [04.46] the Board authorizes the President to initiate the approved and designated open and transparent process for designating a successor operator for the .net registry, including working with the GNSO to finalize the .net successor registry criteria, and to take such other additional steps as set forth within this designated process.

 

.org Registry Agreement Resolution - Change of Deletion Clause

Whereas, PIR Registry Agreement, relating to the operation of the .org registry entered into between ICANN and PIR on 19 August 2003 <http://www.icann.org/tlds/agreements/org/registry-agmt-19aug03.htm>, at Appendix C11.11 only permits PIR to delete .org domain names on a random basis.

Whereas, PIR has requested in a letter to ICANN dated 15 April 2004 that the .org Registry Agreement be amended by deleting Appendix C11.11 which will have the effect of allowing PIR to process deletes based on user and system performance.

Resolved, [04.47] that the Board authorized the President to enter into an amendment of the .org Registry Agreement entered into between ICANN and PIR on 19 August 2003 deleting Appendix C11.11.

 

Provisional Redelegation of .ly

Whereas, on 7 April 2004 the .ly ccTLD ceased functioning due to the failure of the master (primary) nameserver.

Whereas, on 13 April 2004 minimal functionality was restored when the last good copy of the .ly zone was slaved by the former master nameserver to a master.

Whereas, as set forth in RFC 1591 (ftp:/ftp.rfc-editor.org/in-notes/rfc1591.txt) and later affirmed in ICP-1 (http://www.icann.org/icp/icp-1.htm), “TLD managers are trustees for the delegated domain, and have a duty to serve the community.”

Whereas, on 10 May 2004, the proposed delegees began offering name service for the .ly domain on a limited basis. To date their servers have responded well to the minimal load, Mr. Maghur’s team has been responsive to requests, and there is every reason to believe that their servers, along with the slave (secondary) will be more than adequate to handle the full load as a result of updating the nameserver delegation in the root zone.

Whereas, the process of fully validating the appropriateness of the request from GPTC is still underway, and that therefore it is appropriate at this time to allow Mr. Maghur and his team to take over the caretaker role in order to provide greater operational stability for the LY domain while the redelegation process is completed.

Resolved [04.48], the President is permitted to allow the provisional redelegation of the .ly domain to GPTC and Mr. Marwan Maghur, until such time as a full redelegation may be arranged.

 

Board Finance Committee's Continuing Budget Resolution

Whereas, ICANN's Bylaws at Article XVI, Section 4 sets out that "At least forty-five (45) days prior to the commencement of each fiscal year, the President shall prepare and submit to the Board, a proposed annual budget of ICANN for the next fiscal year, which shall be posted on the Website. The proposed budget shall identify anticipated revenue sources and levels and shall, to the extent practical, identify anticipated material expense items by line item. The Board shall adopt an annual budget and shall publish the adopted Budget on the Website."

Whereas, on 17 May 2004, in accordance with the ICANN Bylaws, ICANN posted its Proposed Budget for fiscal year 2004-05.

Whereas, the posted proposed budget was developed through a series of comprehensive consultations with ICANN constituencies, the Budget Advisory Group, and the ICANN Board Finance Committee.

Whereas the Board Finance Committee agrees that such consultations between staff and ICANN constituencies, the Budget Advisory Group and the ICANN Board Finance Committee should continue up to and during the ICANN Meeting scheduled to occur in Kuala Lumpur, Malaysia between 19-23 July 2004.

Whereas, ICANN's currently approved budget and current fiscal year will end on 30 June 2004 and the new budget is scheduled to be approved during the Kuala Lumpur Meeting.

Whereas, ICANN's Finance Committee agreed unanimously that ICANN staff should continue to operate at the budget levels for the fiscal year ending on 30 June 2004 levels until such time as a new budget is approved by the Board pursuant to ICANN's Bylaws at Article XVI, Section 4.

Resolved [04.49], that the President is authorized and directed to implement and carry out the activities of ICANN at substantially the same budget and expenditure levels pursuant to the ICANN Budget approved in Resolution 03.97 and is directed to inform the Board of material variances from the Budget during an interim period commencing on 1 July 2004 and ending upon formal Board approval of the new budget for fiscal year ending on 30 June 2005.

 

Board Audit Committee's Approval of Engagement of Auditors

Whereas the ICANN by-laws in Article XVI, Section 3, requires that at the end of the fiscal year, the books of ICANN shall be closed and audited by certified public accountants. The by-laws also state that the appointment of the fiscal auditors shall be the responsibility of the Board.

Whereas the Audit Committee of the ICANN Board of Directors directed the President to enter into negotiations with KPMG to provide the outside audit for the fiscal year 2003-2004.

Whereas the President has received an engagement letter dated 4 March 2004 from KPMG to provide the audit for the fiscal year 2003-2004.

Whereas the Audit Committee of the ICANN Board of Directors has reviewed the engagement letter and recommends to the Board that the President be authorized to enter into this engagement.

Resolved [04.50], that the President is authorized and directed to enter into the engagement letter of 8 March 2004 with KPMG provide the outside audit for fiscal year 2003-2004.

 

Reimbursement of Directors Travel Expenses

Vint Cerf –

Whereas, Article VI, Section 22 of the ICANN bylaws provides that the Board may authorize the reimbursement of actual and necessary reasonable expenses incurred by Directors performing their duties as Directors;

Whereas, Chairman Vint Cerf has incurred expenses totaling $2,731.33 USD for expenses incurred for travel to the ICANN office for meetings with the CEO and staff on three separate occasions, including: July 22-24, 2003; 8/15-16/2003; and April 26-28, 2004

Whereas, it was not practicable for the Board to approve these expenses in advance of such travel and each Director has presented documentation of those expenses, and the Board finds those expenses to be actual and necessary reasonable expenses in performance of each of the Director's respective duty as an ICANN Director;

Resolved [04.51] that the Board hereby authorizes the reimbursement of expenses for Director Vint Cerf in the amount of $2,731.33 USD for having attend meetings with ICANN's CEO and staff.

Alejandro Pisanty –

Whereas, Article VI, Section 22 of the ICANN bylaws provides that the Board may authorize the reimbursement of actual and necessary reasonable expenses incurred by Directors performing their duties as Directors;

Whereas, Director Alejandro Pisanty has incurred expenses totaling $537.12 USD for travel to the ICANN office for meetings with CEO & staff on July 22-24, 2003.

Whereas, it was not practicable for the Board to approve these expenses in advance of such travel and each Director has presented documentation of those expenses, and the Board finds those expenses to be actual and necessary reasonable expenses in performance of each of the Director's respective duty as an ICANN Director;

Resolved [04.52] that the Board hereby authorizes the reimbursement of expenses for Director Alejandro Pisanty in the amount of $537.12 USD for having attended meetings with ICANN's CEO and staff.

Whereas, Director Alejandro Pisanty has incurred expenses totaling $3,917.27 USD for travel to the UNICT Meeting in New York on March 24-28, 2004.

Whereas, it was not practicable for the Board to approve these expenses in advance of such travel and each Director has presented documentation of those expenses, and the Board finds those expenses to be actual and necessary reasonable expenses in performance of each of the Director's respective duty as an ICANN Director;

Resolved [04.53] that the Board hereby authorizes the reimbursement of expenses for Director Alejandro Pisanty in the amount of $3,917.27 USD for travel to the UNICT Meeting in New York.

Hagen Hultzsch –

Whereas, Article VI, Section 22 of the ICANN bylaws provides that the Board may authorize the reimbursement of actual and necessary reasonable expenses incurred by Directors performing their duties as Directors;

Whereas, Director Hagen Hultzsch has incurred expenses totaling $907.58 USD for travel to the CENTR meeting in Pisa on September 18-19, 2003.

Whereas, it was not practicable for the Board to approve these expenses in advance of such travel and each Director has presented documentation of those expenses, and the Board finds those expenses to be actual and necessary reasonable expenses in performance of each of the Director's respective duty as an ICANN Director;

Resolved [04.54] that the Board hereby authorizes the reimbursement of expenses for Director Hagen Hultzsch in the amount of $907.58 USD for travel to the CENTR meeting in Pisa.

Lyman Chapin –

Whereas, Article VI, Section 22 of the ICANN bylaws provides that the Board may authorize the reimbursement of actual and necessary reasonable expenses incurred by Directors performing their duties as Directors;

Whereas, Former Director Lyman Chapin has incurred expenses totaling $1,017.51 USD for travel to the NANOG meeting in Miami on Feb. 8-9, 2004.

Whereas, it was not practicable for the Board to approve these expenses in advance of such travel and each Director has presented documentation of those expenses, and the Board finds those expenses to be actual and necessary reasonable expenses in performance of each of the Director's respective duty as an ICANN Director;

Resolved [04.55] that the Board hereby authorizes the reimbursement of expenses for Former Director Lyman Chapin in the amount of $1,017.51 USD for travel to the NANOG meeting in Miami.