Preliminary Report | Meeting of the New gTLD Program Committee
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.
Formal Minutes are still to be approved by the New gTLD Program Committee. This has not been approved by the New gTLD Program Committee and does not constitute minutes but does provide a preliminary attempt setting forth the unapproved reporting of the resolutions from that meeting. Details on voting and abstentions will be provided in the Minutes, when approved at a future meeting.
NOTE ON ADDITIONAL INFORMATION INCLUDED WITHIN PRELIMINARY REPORT – ON RATIONALES – Where available, a draft Rationale for each of the Board's actions is presented under the associated Resolution. A draft Rationale is not final until approved with the minutes of the Board meeting.
A Meeting of the New gTLD Program Committee of the ICANN Board of Directors was held on 6 May 2012 at 4:00 pm local time in Amsterdam, The Netherlands.
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: Rod Beckstrom, Chris Disspain, Bill Graham, Gonzalo Navarro, Ray Plzak, R. Ramaraj, George Sadowsky, Mike Silber, and Kuo-Wei Wu.
Thomas Roessler, TLG Liaison and non-voting liaison to the committee, and Thomas Narten, IETF Liaison and non-voting liaison to the committee, were also in attendance.
Heather Dryden, GAC Liaison, attended as an observer.
Erika Mann sent apologies.
This is a preliminary report of the approved resolutions resulting from the Meeting of the New gTLD Program Committee, which took place on 6 May 2012.
Whereas, the TLD Application System (TAS) has been offline since 12 April 2012 due to a technical glitch and the application window will not be closed until TAS reopens for a period of at least five days.
Whereas, ICANN recognizes that, during the pendency of the glitch, applicants may have re-evaluated decisions to participate in the New gTLD Program.
Whereas, the Applicant Guidebook at Section 1.5.1 sets out a tiered refund schedule in the event that an applicant wishes to withdraw its application.
Resolved (2012.05.06.NG01), the New gTLD Program Committee directs the CEO to offer to applicants a full refund of the New gTLD Application fee actually paid to ICANN if the applicant wishes to withdraw its application prior to the date that ICANN publicly posts the identification of all TLD applications.
All voting members of the Committee in attendance voted in favor of the Resolution. One voting member was not available to vote. The Resolution carried.
Out of recognition that some applicants within the first application round of the New gTLD Program may have re-evaluated their decision to participate in the Program during the time when the TLD Application System has been offline, the New gTLD Program Committee has determined to offer full refunds of amounts paid to ICANN if the applicants withdraw prior to the public identification of all TLD applications submitted in the first round. Under the Applicant Guidebook, the applicants would otherwise be entitled to a tiered refund schedule.
This action may have a minor negative impact on ICANN resources, to the extent that ICANN incurred costs in conducting an initial legal check of a withdrawing applicant, or incurs any fees for the return of funds. However, the fiscal impact of these occurrences is expected to be minimal. In line with ICANN's stated process for evaluation of applications, ICANN has not conducted further evaluation of the applications received to date, and therefore no other per-application fee costs have been incurred. On balance with the minimal fiscal impact to ICANN, this action is expected to have a minor positive impact on the ICANN community as it allows applicants an additional choice in response to their business needs. This action is not expected to impact the security, stability or resiliency of the domain name system.