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Minutes | Regular Meeting of the New gTLD Program Committee 9 January 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 http://www.icann.org/en/groups/board/new-gTLD.

A Regular Meeting of the New gTLD Program Committee of the ICANN Board of Directors was held telephonically on 9 January 2014 at 20:00 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), Chris Disspain, Bill Graham, Bruno Lanvin, Olga Madruga-Forti, Gonzalo Navarro, Ray Plzak, and George Sadowsky.

Erika Mann, Mike Silber, and Kuo-Wei Wu sent apologies.

Jonne Soininen (IETF Liaison) and 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); Olof Nordling (Senior Director, GAC Relations); Karine Perset (Senior Director of Board Support); Erika Randall (Counsel); Amy Stathos (Deputy General Counsel); Christine Willett (Vice President, gTLD Operations); and Mary Wong (Senior Policy Director).

These are the Minutes of the Meeting of the New gTLD Program Committee, which took place on 9 January 2014.

  1. Consent Agenda
  2. Main Agenda
    1. GAC Advice Update
    2. Reconsideration Request 13-12, Tencent Holdings Limited
    3. Reconsideration Request 13-13, Christopher Barron/GOProud
    4. AOB
      1. Extension of Initial Protections of IGO Identifiers

 

  1. Consent Agenda

    The Chair provided an overview of the items for discussion on the agenda, and introduced the items on the consent agenda.

    George Sadowsky moved and Bill Graham seconded the Resolution on the Consent Agenda. The Committee then took the following action:

    Resolved (2014.01.09.NG01), the NGPC approves the minutes of the 16 November and 20 November 2013 New gTLD Program Committee Meetings.

    All members of the Committee present voted in favor of Resolution 2014.01.09.NG01. Bruno Lanvin, Erika Mann, Mike Silber, and Kuo-Wei Wu were unavailable to vote on the Resolution. The Resolution carried.

  2. Main Agenda

    1. GAC Advice Update

      Chris Disspain provided the Committee with an update of the open items of GAC advice needing further action by the Committee, including new items of advice in the Buenos Aires Communiqué and the GAC's advice on .SPA, and the Category 1 and Category 2 Safeguards. Chris noted that the Committee would need to consider how to respond to the Category 1 Safeguards for .ARMY, .NAVY, and .AIRFORCE. He also updated the Committee on the ongoing work to address the implementation issues with the GAC's advice on IGO protections.

      Several members of the Committee asked about the timing for preparing the written briefings requested in the Buenos Aires Communiqué. Jamie Hedlund indicated that drafts of the written briefings would be available for discussion during the February meeting in Los Angeles.

      Bill Graham inquired about the materials that were planned to be provided to the community in mid-December concerning special launch programs referenced in the Buenos Aires Communiqué. Heather Dryden provided additional context for the GAC's request in the Buenos Aires Communiqué concerning special launch programs and the need to provide clarity to the community on this issue.

      Akram Atallah reported that ICANN published the approved launch program application review guidelines in mid-December, and discussed the information in a recent Webinar. Heather suggested that staff report on the actions taken to address the GAC's advice on special launch programs at the next meeting to make sure the GAC's concerns are adequately addressed.

      George Sadowsky inquired about the timeline for consideration of the open items of GAC advice, and Olga Madruga-Forti suggested that an update be provided to the GAC as soon as possible to show how the Committee is working to address the advice. Jamie indicated that many open items would be ripe for resolution during the Committee's meeting in February.

      Gonzalo Navarro asked that an update on the progress to address the GAC's advice on .AMAZON (and related IDNs) be provided during the February meeting. Olga agreed that an update was needed so that the Committee could continue to move forward with addressing the GAC's advice.

      The Chair asked for an estimate of the number of items of advice that may remain open after the February meeting, and Chris noted that the Committee should be able to resolve many open items of advice so that only a handful remain. The Committee directed staff to prepare an updated iteration of the GAC advice scorecard and drafts of the written briefings for consideration at its February meeting.

    2. Reconsideration Request 13-12, Tencent Holdings Limited

      The Chair presented the Committee with a summary of the background information concerning Reconsideration Request 13-12, and noted that the Committee previously discussed the Reconsideration Request during its 20 November 2013 meeting. The Chair stated that the briefing materials were revised at the Committee's request.

      The Chair reminded the Committee that the Board Governance Committee recommended that the Reconsideration Request be denied, and the Committee engaged in a discussion of the BGC's recommendation.

      Amy Stathos updated the Committee on New gTLD-related Reconsideration Requests in the queue for consideration by the BGC, and the BGC's plan for resolving the requests. She informed the Committee that the BGC recognized that for Reconsideration Requests that are based on staff action or inaction, the Bylaws grant the BGC the authority to make a final determination on those requests. She noted that the BGC's default position would be that the BGC makes a final determination on these requests without further consideration by the Committee.

      Ray Plzak summarized the concerns discussed in the BGC meeting on handling Reconsideration Requests, noting that many recent requests fail to state proper grounds for reconsideration. As appropriate, the BGC intends to direct requestors to the other appeal mechanisms that may be more appropriate to address their grievance.

      The General Counsel and Secretary noted that the BGC also discussed developing materials for the community to provide additional clarity on the Reconsideration Request process. Olga Madruga-Forti commented that the BGC is balancing the growing queue of requests, which may include requests that do not state proper grounds for reconsideration, while giving attention to those requests where there is an issue that is ripe for reconsideration.

      George Sadowsky moved and Olga Madruga-Forti seconded the proposed Resolution. Olga suggested minor text edits to the rationale. The Committee then took the following action:

      Whereas, Tencent Holdings Limited's ("Tencent") Reconsideration Request 13-12, sought reconsideration of the Expert Determinations on the objection of Sina Corporation ("Sina") to Tencent's applications for .微博 and .WEIBO.

      Whereas, Request 13-12 challenges the staff's acceptance of the 30 August 2013 Expert Determinations in favor of Sina's objection to Tencent's applications for .微博 and .WEIBO. 

      Whereas, the Board of Governance Committee ("BGC") considered the issues raised in Request 13-12.

      Whereas, the BGC recommended that Request 13-12 be denied because Tencent has not stated proper grounds for reconsideration and the New gTLD Program Committee ("NGPC") agrees. 

      Whereas, in addition to all of the materials submitted with the Request, the NGPC reviewed and considered the materials that were submitted by Tencent and Sina after the BGC issued its Recommendation on Request 13-12 and concluded that said material does not change the Recommendation of the BGC.

      Resolved (2014.01.09.NG02), the NGPC adopts the BGC Recommendation on Reconsideration Request 13-12, which can be found at http://www.icann.org/en/groups/board/governance/reconsideration/recommendation-tencent-29oct13-en.pdf [PDF, 128 KB].

      All members of the Committee present voted in favor of Resolution 2014.01.09.NG02. Bruno Lanvin, Erika Mann, Mike Silber, and Kuo-Wei Wu were unavailable to vote on the Resolution. The Resolution carried.

      Rationale for Resolution 2014.01.09.NG02

      1. Brief Summary

        Both the Requester Tencent and Sina applied for the same two strings .微博 (the Chinese characters for "microblogging") and .WEIBO. Sina won its Legal Rights Objection ("LRO") against Sina's applications for these two strings. The Requester claims: (i) that the LRO Panel applied a higher standard of review than what is set forth in the Applicant Guidebook, which Tencent suggests created an elevated standard of review; (ii) that ICANN's acceptance of the DRSP's decision is contrary to ICANN's mandate to act transparently and fairly; and (iii) that ICANN failed to provide guidance to the DRSP panels regarding the burden of proof. As a result, the Requester asks the Board (or here the NGPC) to reconsider ICANN's acceptance of the Expert Determinations in favor of Sina. In the alternative, Requester asks ICANN to "provide applicants of inconsistent and erroneous DRSP panel determinations, such as Tencent, with an avenue for redress that is consistent with ICANN's mandate to act with fairness." (Id.) 

        The BGC concluded that: (i) there is no indication that the Expert Panel applied the wrong LRO standard; (ii) nothing supports the claim that ICANN acted in contradiction of its mandate to act transparently and fairly; and (iii) there is no identified policy or process requiring any further guidance to the DRSP panels on the burden of proof. In sum, there is no evidence to support the conclusion that ICANN's actions violated any established policy or process. Therefore, the BGC has Recommended that Request 13-13 be denied. The NGPC agrees.

      2. Facts

        1. Background Facts

          Request 13-12 involves ICANN's acceptance of an Expert Determination on two strings -- .微博 and .WEIBO. Both Sina and Tencent applied for the same two strings. Sina filed a legal rights objection (LRO) to Tencent's applications claiming that Tencent's applications violated Sina's legal rights. An expert panel deemed Sina the prevailing party, meaning that Sina "won" its objections, and Tencent "lost". Specifically, the Panel reviewed Sina's standing to object to Tencent's Applications and determined that Sina had a basis to object as the rights holder in the 微博 mark. Applying the standards for an LRO as defined in Section 3.5.2 of the Applicant Guidebook, the Panel concluded that Tencent's Applications unjustifiably impair the distinctive character of the Sina's微博mark.

          Tencent then filed Request 13-12, asking for reconsideration of the objection proceedings. Tencent is seeking reconsideration of staff's acceptance of the LRO Panel's determination, which ICANN has previously stated can be considered a staff action for the purposes of the Reconsideration process.

        2. Requester's Claims

          Tencent primarily based its Request on the argument that the LRO Panel should have applied (but did not apply) the general standard for LRO objections set forth in Section 3.5.2 of the Applicant Guidebook, which Tencent suggests created some sort of elevated standard for reviewing trademark-based objections.

      3. Issues

        The Request calls into consideration: (1) whether the Expert Panel failed to follow ICANN guidelines suggested in the Applicant Guidebook ("Guidebook") for determining an LRO (2) whether ICANN's acceptance of the LRO Panel's Determinations is contrary to ICANN's mandate to act transparently and fairly; and (3) whether ICANN's alleged failure to provide guidance to the Panel regarding burden of proof supports reconsideration.

      4. The Relevant Standards for Evaluating Reconsideration Requests

        ICANN's Bylaws call for the BGC to evaluate and make recommendations to the Board with respect to Reconsideration Requests. See Article IV, Section 2 of the Bylaws. The NGPC, bestowed with the powers of the Board in this instance, has reviewed and thoroughly considered the BGC Recommendation on Request 13-12 and finds the analysis sound.1 As noted in the BGC's Recommendation, the Reconsideration process should not ask the BGC, or the NGPC, to substantively review the LRO Panel's determination, but only to determine if any policy or process violation occurred in the consideration of the Objection.

      5. Analysis and Rationale

        The BGC found that none of the Requester's claims support reconsideration.

        First, the BGC concluded that the Requester failed to provide any evidence demonstrating that the Expert Panel failed to comply with the Guidebook. The BGC agreed with the Requester that Section 3.5.2 of the Guidebook sets out the following general standard for LRO objections:

        [A] DRSP panel of experts presiding over a legal rights objection will determine whether the potential use of the applied-for gTLD by the applicant takes unfair advantage of the distinctive character or the reputation of the objector's registered or unregistered trademark or service mark ("mark") or IGO name or acronym … or unjustifiably impairs the distinctive character or the reputation of the objector's mark or IGO name or acronym, or otherwise creates an impermissible likelihood of confusion between the applied-for gTLD and the objector's mark or IGO name or acronym.

        The BGC noted, however, that the Requester failed to recognize the remainder of the LRO standards set forth in the Guidebook that the Panel did evaluate. The Guidebook lists eight non-exclusive factors that an LRO panel should consider when determining whether an objector has satisfied the general Section 3.5.2 standard (i.e., whether an applied for gTLD "takes unfair advantage of," "unjustifiably impairs" or "creates an impermissible likelihood of confusion between" another's trademark).

        The BGC noted that the Panel did apply the eight non-exclusive factors to Sina's LRO and determined that the factors supported Sina's Objection. (Determination, Pages 5-8.) Therefore, the BGC determined that "Tencent has not established that the Panel 'failed to follow ICANN guidelines' for assessing LROs." As a result, no process violation was stated, and the BGC recommended that the Reconsideration be denied.

        Second, the BGC concluded that the Requester provides no evidence to support its claim that ICANN's acceptance of the LRO Panel determination is contrary to ICANN policy or process. The BGC noted that the requirement that ICANN accepts expert determinations as advice to ICANN was developed out of years of community discussion. If ICANN were to ignore the Expert Determination – particularly where there is no violation of policy or process – ICANN would be endorsing a violation of the Guidebook.

        Third, the BGC determined that the Requester failed to provide any factual support for its claim that ICANN "failed to explicitly define the Objector's burden of proof for the Expert panels, e.g., Preponderance of the Evidence, Clear and Convincing Evidence, etc." The Requester suggests this resulted in different panelists using different standards for the Objector's burden of proof. The BGC noted that the Requester also failed to identify the burden of proof used in its objection proceeding or what it claims the proper burden of proof should have been. Further, the Requester did not suggest that the processes set out for hearing LROs was not followed. In short, the Requester does not identify any established policy or process that required ICANN to take such action beyond what ICANN actually did – make clear in the Guidebook that the "objector bears the burden of proof in each case."

      6. Decision

        The NGPC had the opportunity to consider all of the materials submitted by or on behalf of the Requester that relate to Request 13-12, as well as materials submitted by or on behalf of the applicant. The NGPC also notes that on 26 December 2013 the Requester submitted a letter with attachments to the NGPC after the BGC issued its Recommendation. (See Attachment H to Reference Materials.) Sina also submitted a letter to the NGPC in response to Requester's 26 December 2013 letter. (See Attachment I to Reference Materials.) The letters and attachments have since been reviewed and the NGPC has determined that these materials do not alter the BGC's Recommendation or the rationale contained in that Recommendation.

        Following consideration of all relevant information provided, the NGPC reviewed and has adopted the BGC's Recommendation on Request 13-12, the full text of which can be found at http://www.icann.org/en/groups/board/governance/reconsideration/recommendation-tencent-29oct13-en.pdf [PDF, 128 KB] and is attached to the Reference Materials to the NGPC Submission on this matter. The BGC's Recommendation on Reconsideration Request 13-12 shall also be deemed a part of this Rationale.

        In terms of timing of the BGC's Recommendation, we note that Section 2.16 of Article IV of the Bylaws provides that the BGC shall make a final determination or recommendation with respect to a Reconsideration Request within thirty days following receipt of the request, unless practical. See Article IV, Section 2.16 of the Bylaws. To satisfy the thirty-day deadline, the BGC would have to have acted by 14 October 2013. Due to the volume of Reconsideration Requests received within recent weeks, the first practical opportunity for the BGC to take action on this Request was on 29 October 2013; it was impractical for the BGC to consider the Request sooner. Upon making that determination, staff notified the requestor of the BGC's anticipated timing for the review of Request 13-12. Further, due to the volume of Reconsideration Requests and other pending issues before the NGPC, as well as scheduling conflicts due to the ICANN public meeting in Buenos Aires in November 2013 and the holiday schedule, the first practical opportunity for the NGPC to consider this Request was on 9 January 2014.

        Adopting the BGC's recommendation has no financial impact on ICANN and will not negatively impact the systemic security, stability and resiliency of the domain name system.

        This decision is an Organizational Administrative Function that does not require public comment.

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

      The Chair presented the Committee with an overview of background information concerning Reconsideration Request 13-13, noting that the Board Governance Committee (BGC) recommended that the Reconsideration Request be denied because the requester failed to state the proper grounds for reconsideration. The Chair reminded the Committee that it made a decision on 13 July 2013 related to the underlying issues at play in the Reconsideration Request. At that time, the Committee approved a resolution directing staff to ask that the ICC revisit its decision not to register GoProud's objection against the string .GAY (applied for by dotgay LLC) in light of the report issued by the Ombudsman.

      The Committee engaged in a discussion of the specific underlying claims alleged by the requester and considered the timeline of events giving rise to the complaint. George Sadowsky expressed concern about whether the requester was treated fairly, and whether a process misunderstanding may have prevented the merits of the community objection from being considered.

      Olga Madruga-Forti asked whether there was a way to have this case decided on the merits, and noted her support of some of the comments made by the Ombudsman on this matter. George agreed, citing an overall concern about the fairness of the matters at issue in the Reconsideration Request.

      Olga also emphasized the importance of understanding the ICC's rationale for its decision. Chris Disspain agreed, and inquired about the ICC's next steps if the Committee decided to accept the Reconsideration Request.

      The General Counsel and Secretary commented that the ICC has expertise on matters of systems and process as well as substance, which was a consideration when deciding to retain the ICC to hear objections. The Chair suggested that the Committee be mindful of the scope of the type of actions or inactions that are subject to the Reconsideration Request process as it deliberates on the request.

      To assist the Committee in its deliberations, the General Counsel and Secretary suggested that staff could prepare additional briefing materials for consideration at a subsequent meeting, including any additional information that may be available from the ICC about the rationale for its decision not to register GoProud's objection. Gonzalo Navarro recommended that staff be clear about what additional information it requested from the ICC so that the ICC could understand the issues being discussed by the Committee.

       The Committee agreed to consider the matter further at a subsequent meeting.

    4. AOB

      The General Counsel and Secretary provided the Committee with an update on the progress made to establish a long-term meeting schedule to provide predictability for meeting dates. The Chair noted some of the challenges of developing a regular meeting schedule due to the frequency of Committee meetings and the time zone considerations, and suggested that the Committee explore a rotating meeting schedule. The Committee agreed that it would continue to discuss this matter at its February meeting.

      The Chair informed the Committee that another meeting would be scheduled before the February workshop so that the Committee could consider the report on String Confusion Objection Expert Determinations, and potentially Reconsideration Request 13-13.

      Chris Disspain informed the Committee that the temporary protections afforded to IGOs while the Committee continued to work through the GAC's advice on the issue were set to expire. Bill Graham asked how the expiration of the Supplement to the Registry Agreement (scheduled to expire on 15 January 2014) would impact the Committee's ability to impose protections for IGOs once a permanent solution was developed. Allen Grogan noted that it was not necessary to use the Supplement to the Registry Agreement to impose changes to address IGO protections. The Committee agreed that it was prudent to extend the temporary protections while it continues to actively work on the implementation issues of the GAC's advice.

      Chris Disspain moved and Gonzalo Navarro seconded the resolution to extend initial protections for IGO identifiers. The Committee then took the following action:

      1. Extension of Initial Protections of IGO Identifiers

        Whereas, the GAC advised the ICANN Board in the Buenos Aires Communiqué that it remained committed to continuing the dialogue with the NGPC on finalizing the modalities for permanent protection of IGO acronyms at the second level, and advised that initial protections for IGO acronyms should remain in place until the dialogue between the NGPC, the IGOs are completed.

        Whereas, the New gTLD Program Committee (NGPC) is responsible for considering the IGO GAC Advice pursuant to the authority granted to it by the Board on 10 April 2012, to exercise the ICANN Board's authority for any and all issues that may arise relating to the New gTLD Program.

        Whereas, on 17 July 2013, the NGPC approved Resolutions 2013.07.17.NG01- 2013.07.17.NG03 requiring registry operators to continue to implement temporary protections for the precise IGO names and acronyms on the "IGO List" posted as Annex 1 [PDF, 544 KB] to Resolution 2013.07.02NG03 – 2013.07.02.NG06 until the first meeting of the NGPC following the ICANN 48 Meeting in Buenos Aires or until the NGPC makes a further determination on the GAC Advice regarding IGO protections, whichever is earlier.

        Whereas, the GAC, NGPC, ICANN staff and community continue to actively work through outstanding implementation issues, the NGPC thinks it is prudent to further extend the initial protections for the IGO identifiers.

        Resolved (2014.01.09.NG03), the NGPC confirms that appropriate preventative initial protection for the IGO identifiers will continue to be provided as presented in the New gTLD Registry Agreement adopted on 2 July 2013 while the GAC, NGPC, ICANN staff and community continue to actively work through outstanding implementation issues.

        Resolved (2014.01.09.NG04), the NGPC determines that pursuant to Specification 5 in the New gTLD Registry Agreement adopted on 2 July 2013, registry operators will continue to implement temporary protections for the precise IGO names and acronyms on the "IGOList" posted as Annex 1 [PDF, 544 KB] to Resolution 2013.07.02NG03 – 2013.07.02.NG06 until the NGPC makes a further determination on the GAC advice regarding protections for IGO identifiers.

        All members of the Committee present voted in favor of Resolution 2014.01.09.NG03 – 2014.01.09.NG04. Olga Madruga-Forti, Erika Mann, Ray Plzak, Mike Silber, and Kuo-Wei Wu were unavailable to vote on the Resolution. The Resolution carried.

        Rationale for Resolution 2014.01.09.NG03 – 2014.01.09.NG04

        Article XI, Section 2.1 of the ICANN Bylaws http://www.icann.org/en/about/governance/bylaws#XI permits the GAC to "put issues to the Board directly, either by way of comment or prior advice, or by way of specifically recommending action or new policy development or revision to existing policies." The GAC issued advice to the Board on the New gTLD Program through its Buenos Aires Communiqué dated 20 November 2013. The ICANN Bylaws require the Board to take into account the GAC's advice on public policy matters in the formulation and adoption of the polices. If the Board decides to take an action that is not consistent with the GAC advice, it must inform the GAC and state the reasons why it decided not to follow the advice. The Board and the GAC will then try in good faith to find a mutually acceptable solution. If no solution can be found, the Board will state in its final decision why the GAC advice was not followed.

        In the Buenos Aires Communiqué, the GAC issued additional advice regarding protections for IGO identifiers. The NGPC is being asked to consider extending the initial temporary protections afforded to IGOs in July 2013 as the parties continue to work through implementing the GAC advice.

        On 2 July 2013, the NGPC directed that temporary protections for the IGO names and acronyms previously identified by the GAC on its "IGO List dated 22/03/2013," which was attached as Annex 1 [PDF, 544 KB] the NGPC's 2 July 2013 resolutions, so that the GAC and the NGPC would have time to work out outstanding implementation issues. These initial protections were extended again on 17 July 2013 until the first meeting of the NGPC following the ICANN Meeting in Buenos Aires, Argentina, unless the NGPC and the GAC were able to resolve the issues and the NGPC passed a resolution on the GAC advice earlier than the ICANN Meeting in Buenos Aires. The NGPC agrees that it is important that those temporary protections remain in place as it continues to consider the GAC's advice on protections for IGOs as presented in the Buenos Aires Communiqué.

        The Resolution under consideration would extend the temporary protections for IGO identifiers as provided in the New gTLD Registry Agreement. As part of its consideration of this resolution, the NGPC takes note that on 29 April 2013, ICANN initiated a public comment forum to solicit input on the proposed final draft of the New gTLD Registry Agreement <http://www.icann.org/en/news/public-comment/base-agreement-29apr13-en.htm>. The public comment forum closed on 11 June 2013. ICANN received several responses from the community during the course of the public comment forum on the proposed final draft of the New gTLD Registry Agreement; however, none of the responses specifically relates to the provisions in the New gTLD Registry Agreement to provide protections for IGO identifiers. <http://forum.icann.org/lists/comments-base-agreement-29apr13/>.

        Additionally, the NGPC takes note that the GNSO Policy Development Process Working Group tasked with addressing the issue of protecting the identifiers of certain IGOs and International Non-Governmental Organizations ("INGOs") delivered its Final Report [PDF, 645 KB] to the GNSO Council on 10 November 2013. The Working Group's consensus recommendations in the Final Report were adopted unanimously by the GNSO Council on 20 November 2013. As required by the ICANN Bylaws, public notice of the policies under consideration as well as an opportunity to comment on their adoption, prior to their consideration by the ICANN Board has been initiated. The public comment period is scheduled to close on 8 January 2014 <http://www.icann.org/en/news/public-comment/igo-ingo-recommendations-27nov13-en.htm>.

        As part of its deliberations on this issue, the NGPC reviewed the following significant materials and documents:

        The NGPC's response to the GAC advice will assist with resolving the GAC advice in manner that permits the New gTLD Program to continue to move forward, while being mindful of the ongoing efforts to work through the outstanding implementation issues.

        There are no foreseen fiscal impacts associated with the adoption of this resolution, and approval of the proposed resolution will not impact security, stability or resiliency issues relating to the DNS. This is not a defined policy process within ICANN's Supporting Organizations or ICANN's Organizational Administrative Function decision requiring public comment.

      The Chair called the meeting to a close.

Published on 6 March 2014

1 Having a reconsideration process whereby the BGC reviews and, if it chooses, makes a recommendation to the Board/NGPC for approval positively affects ICANN's transparency and accountability. It provides an avenue for the community to ensure that staff and the Board are acting in accordance with ICANN's policies, Bylaws, and Articles of Incorporation.

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