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Minutes | Board Governance Committee (BGC) Meeting 14 April 2015

Published 8 May 2015

BGC Attendees: Chris Disspain – Chair, Gonzalo Navarro, Mike Silber, Bruce Tonkin, and Suzanne Woolf

BGC Member Apologies:  Cherine Chalaby, Erika Mann

Other Board Member Attendees:  George Sadowsky

Executive and Staff Attendees: Megan Bishop (Board Support Coordinator), Michelle Bright (Board Support Manager), Samantha Eisner (Associate General Counsel), John Jeffrey (General Counsel and Secretary), Liz Le (Senior Counsel), and Amy Stathos (Deputy General Counsel)

The following is a summary of discussions, actions taken, and actions identified:

  1. Minutes – The BGC approved the minutes from the 19 March 2015 meeting.
  2. Ombudsman - The BGC discussed the length of the Ombudsman's term.  Following the discussion, the BGC decided to continue the discussion to the next BGC meeting.
  3. Reconsideration Request 15-4 – Staff briefed the BGC regarding the request submitted by Schwarz Domains & Services GmbH & Co. KG, seeking reconsideration of ICANN's decision to deny the Requester's request, submitted pursuant to the New gTLD Application Change Request Process and Criteria (“Change Request Process”), to change its application for the string .SCHWARZGROUP to an application for the string .KAUFLAND.  Staff explained that upon receipt of the change request, staff evaluated the Requester's change request in accordance with the Change Request Process.  The Requester's change request was denied because, among other reasons, requests to change applied-for strings generally are not acceptable. The only exceptions have been in the cases of typographical or otherwise minor errors and the Requester's change request instead proposed an entirely new string.  After discussion, the BGC determined that the Requester has not demonstrated any violation of established policy or procedure in implementing the Change Request Process, and that ICANN staff evaluated the Requester's change request in accordance with the Change Request Process.  As such, the BGC concluded that Requester has failed to demonstrate that ICANN's denial of the change request violates any ICANN policy or procedure.  The Bylaws authorize the BGC to make a final determination on Reconsideration Requests brought regarding staff action or inaction and the BGC concluded that its determination on Request 15-4 is final; no consideration by the NGPC is warranted.
  4. Reconsideration Request 15-5:  Staff briefed the BGC regarding the request submitted by Atgron, Inc. seeking reconsideration of the BGC's determination of Reconsideration Request 15-1.  Request 15-1 challenged staff's actions in processing the Requester's Registry Services Evaluation Policy (“RSEP”) request to allow the Requester to offer third-level domain name registrations in .WED.  On 19 March 2015, the BGC determined that the Requester failed to demonstrate that ICANN staff acted in contravention of any established policy or procedure in responding to the RSEP Request and therefore, the BGC denied Request 15-1.  After discussion, the BGC continued its consideration of Request 15-5 to its next meeting.
  • Action:  Staff to facilitate revisions to the BGC's Recommendation in light of the discussion, and present to the BGC for consideration at the next BGC meeting.