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Board Governance Committee (BGC) Meeting Minutes

BGC Attendees: Cherine Chalaby, Chris Disspain, Bill Graham, Ray Plzak, Mike Silber, and Bruce Tonkin – Chair.

Staff Attendees: John Jeffrey – General Counsel and Secretary, Megan Bishop, Michelle Bright, Samantha Eisner, Elizabeth Le, Karine Perset, and Amy Stathos

BGC Apologies: Bertrand de La Chapelle and Ram Mohan

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

  1. Reconsideration Request 13-6 – Staff briefed the BGC regarding Reconsideration Request 13-6 ("Request 13-6") submitted by Hotel Top-Level-Domain S.a.r.l ("dotHotel").  DotHotel seeks reconsideration of the 8 August 2013 decision by an independent dispute resolution expert panel (the "Panel") dismissing dotHotel's string confusion objection to the .HOTELS string applied for by B.V. ("").  After discussion and consideration of the Request, the BGC concluded that dotHotel failed to state the proper grounds for reconsideration because it failed to demonstrate a policy or process violation.  The BGC noted that while dotHotel may disagree with the Panel's findings, Reconsideration is not available as a mechanism to re-try the determinations of DRSP panels.  All voting members present voted in favor of the BGC's recommendation to the New gTLD Program Committee ("NGPC"), the full text of which can be found at [PDF, 121 KB].
    • Action: Staff to submit the BGC recommendation to the NGPC for consideration.
  2. Reconsideration Request 13-7 – Out an abundance of caution, Bruce Tonkin disclosed that it appears one of the parties to the dispute proceedings at issue the Reconsideration Request 13-7 ("Request 13-7") is connected to a company to which Melbourne IT sold a portion of its business earlier this year. Bruce reported that he has no relationship with the requester and has given no advice on this particular matter. Staff briefed the BGC regarding Request 13-7, submitted by Dish DBS Corporation ("Dish"). Dish seeks reconsideration of the 29 July 2013 Expert Determination from a dispute resolution panel established by the Arbitration and Mediation Center of the World Intellectual Property Organization (the "Panel") sustaining The DirecTV Group, Inc.'s ("DirecTV") objection to Dish's application for a .DIRECT new gTLD.  The BGC found that the Applicant Guidebook was followed, that the Panel applied the eight non-exclusive factors to Dish's Legal Rights Objection as required by the Applicant Guidebook, and that Dish failed to demonstrate that any policy or process was violated or contradicted. The BGC further concluded that Dish failed to demonstrate that ICANN violated any policy or process in accepting the Panel's determination. The BGC also noted that Dish's request for an opportunity to respond to the BGC, as well as the request for a hearing, should be denied because do have the potential to bring before the BGC additional material information that is relevant to the evaluation of this Request and we therefore recommend they be denied. The BGC approved a recommendation to the New gTLD Program Committee.
    • Action: Staff to submit the BGC's recommendation to the NGPC for consideration.
  3. Any Other Business

    Consideration of Additional Materials Submitted to the BGC Regarding Reconsideration Requests – The BGC discussed and agreed that the Committee should consider relevant additional materials submitted by third parties concerning a reconsideration request, but that it is important to develop and establish parameters (such as timing) around the submission and consideration of such materials.

Published on 5 November 2013

Domain Name System
Internationalized Domain Name ,IDN,"IDNs are domain names that include characters used in the local representation of languages that are not written with the twenty-six letters of the basic Latin alphabet ""a-z"". An IDN can contain Latin letters with diacritical marks, as required by many European languages, or may consist of characters from non-Latin scripts such as Arabic or Chinese. Many languages also use other types of digits than the European ""0-9"". The basic Latin alphabet together with the European-Arabic digits are, for the purpose of domain names, termed ""ASCII characters"" (ASCII = American Standard Code for Information Interchange). These are also included in the broader range of ""Unicode characters"" that provides the basis for IDNs. The ""hostname rule"" requires that all domain names of the type under consideration here are stored in the DNS using only the ASCII characters listed above, with the one further addition of the hyphen ""-"". The Unicode form of an IDN therefore requires special encoding before it is entered into the DNS. The following terminology is used when distinguishing between these forms: A domain name consists of a series of ""labels"" (separated by ""dots""). The ASCII form of an IDN label is termed an ""A-label"". All operations defined in the DNS protocol use A-labels exclusively. The Unicode form, which a user expects to be displayed, is termed a ""U-label"". The difference may be illustrated with the Hindi word for ""test"" — परीका — appearing here as a U-label would (in the Devanagari script). A special form of ""ASCII compatible encoding"" (abbreviated ACE) is applied to this to produce the corresponding A-label: xn--11b5bs1di. A domain name that only includes ASCII letters, digits, and hyphens is termed an ""LDH label"". Although the definitions of A-labels and LDH-labels overlap, a name consisting exclusively of LDH labels, such as"""" is not an IDN."