Approved Resolutions | Meeting of the New gTLD Program Committee
- Main Agenda
Whereas, ICANN committed to fund certain objections by the Independent Objector, governments, and ALAC.
Whereas a total of 27 objections that ICANN committed to fund were filed by the Independent Objector, governments, and ALAC.
Whereas the Centre for Expertise of the International Chamber of Commerce (ICC) has accepted these objections, estimated the advance payment of costs, and invoiced ICANN.
Whereas, ICANN budgeted the amount needed to fund such objections.
Whereas, the Board Finance Committee recommended that this resolution be passed.
Resolved (2013.07.13.NG01), the New gTLD Program Committee authorizes the President, Generic Domains Division, to disburse all fees necessary to the ICC for the objection proceedings that ICANN committed to fund, which have been filed by the Independent Objector, governments and the ALAC.
As part of the new gTLD Program, ICANN made a commitment, as set out in the applicant guidebook, to fund objections on behalf of the Independent Objector, governments (one per government), and ALAC. Twenty-seven objections that ICANN committed to fund have been filed. Given that all of these objections were filed with the same dispute resolution service provider, the Centre for Expertise of the International Chamber of Commerce ("ICC"), the ICC has requested advance payment of fees to administer the proceedings and to pay expert panel members for their time in adjudicating the objections.
ICANN must now fulfill its commitment and make a disbursement to the ICC to fund all 27 objections. Given that the amount is over $500,000, in accordance with ICANN Contracting and Disbursement Policy, the Board must approve the disbursement.
This decision will have a fiscal impact on ICANN, but that impact was anticipated and budgeted for. This decision will not have any impact on the security, stability or resiliency of domain name system.
This is an Organizational Administrative Function that does not require public comment at this time. Although it is noted that ICANN's commitment to fund these above-referenced objections has been subjected to public comment on more than one occasion.
Whereas, the Ombudsman has issued two reports to the ICANN Board relating to deadlines found in the New gTLD Dispute Resolution Procedures and set out facts based on his investigations and made specific recommendations in each report.
Whereas, given the subject matters of the reports, the New gTLD Program Committee (NGPC) has reviewed those reports.
Whereas, the two issues relating to deadlines addressed by the Ombudsman's reports to the Board are not the only inquiries about whether the Dispute Resolution Service Providers (DRSPs) must strictly adhere to the deadlines set forth in the New gTLD Program Dispute Resolution Procedures in all circumstances.
Resolved (2013.07.13.NG02), the New gTLD Program Committee directs the President, Generic Domains Division, or his designee, to forward to the World Intellectual Property Organization Arbitration and Mediation Center (WIPO) the Ombudsman's report about the applicant's response to the objection that WIPO is administering relating to .AXIS and ask WIPO to reconsider its stance with regard to the rejection of the applicant's response in light of the facts and analysis stated in the Ombudsman's report.
Resolved (2013.07.13.NG03), the New gTLD Program Committee directs the President, Generic Domains Division, or his designee, to forward to the ICC the Ombudsman's report about GOProud's objection to a .GAY application and ask the Centre for Expertise of the International Chamber of Commerce to revisit its decision in light of the facts and analysis stated in the Ombudsman's report.
Resolved (2013.07.13.NG04), in the interests of fairness and reasonableness, notwithstanding the deadlines set out in the Applicant Guidebook, in the future, the DRSPs are permitted and encouraged to use their discretion, in light of the facts and circumstances of each matter, and in cases where it is shown that the affected party is making a good faith effort to comply with the deadlines, as to whether to grant extensions, or deviate from the deadlines set forth in the Applicant Guidebook.
The ICANN Ombudsman reports directly to the ICANN Board. The purpose of the Ombudsman is to ensure that the members of the ICANN community have been treated fairly. The Ombudsman acts as an impartial officer in attempting to resolve complaints about unfair treatment by ICANN using ADR techniques. Where, in the conduct of an investigation of a complaint, the Ombudsman forms an opinion that there has been a serious breach of administrative fairness or maladministration, the Ombudsman may notify the Board of Directors of the circumstances.
The Ombudsman has issued two reports to the Board (through the NGPC) regarding decisions made by two Dispute Resolution Service Providers ("DRSPs'") in the New gTLD Program. In one instance, the Ombudsman has requested the NGPC ask the applicable DRSP to reconsider its stance of strictly adhering to the deadlines set forth in the Applicant Guidebook. In the other instance, although the Ombudsman does not request specific action from the Board, he thinks the matter should be revisited. Both reports and respective requests therein are presented in the spirit of fairness and reasonableness to the affected parties. Beyond the two Ombudsman reports, ICANN has received several other inquiries from objectors, applicants, and the DRSPs about issues related to late filing and whether the DRSPs have the discretion to deviate from the specific deadlines set forth in the Applicant Guidebook.
In the interest of fairness and reasonableness, and after a review of the Ombudsman reports, the NGPC has determined that it is appropriate for the NGPC to ask the DRSPs, in light of the circumstances presented by the Ombudsman, to reconsider their strict adherence to the deadlines set forth in the Applicant Guidebook and apply reasonable judgment in such matters. Taking this action will have a positive impact on ICANN's accountability to the community, as it is appropriate to review of all applicable circumstances when taking decisions that have significant impact on participants within ICANN.
This decision will not have direct fiscal impact on ICANN. There is potential financial impact to the filing parties to the Objection proceedings, although ICANN cannot infer the magnitude of such and the impact is dependent upon the DRSP response to the NGPC directive. This decision will not have any impact on the security, stability or resiliency of domain name system.
This is an Organizational Administrative Function that does not require public comment.
No resolution taken.
Published on 14 July 2013