Public Comment

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Proposed ICANN Process for Handling Requests for Removal of Cross-Ownership Restrictions for Existing gTLDs

Open: 2 May 2011
Closed: 1 June 2011

Explanation/Background: On 21 April 2011, the ICANN Board resolved (see http://www.icann.org/en/minutes/resolutions-21apr11-en.htm) that ICANN develop a process for existing gTLD registry operators to transition to the new form of Registry Agreement or to request an amendment to their Registry Agreement to remove the cross-ownership restrictions. This follows the 5 November 2010 resolution (see http://www.icann.org/en/minutes/resolutions-05nov10-en.htm) that ICANN will not restrict cross-ownership between registries and registrars for new gTLDs, and that "ICANN will permit existing registry operators to transition to the new form of Registry Agreement, except that additional conditions may be necessary and appropriate to address particular circumstances of established registries." Included in the Board's rationale for their 5 November 2010 decision on cross-ownership (see http://www.icann.org/en/minutes/rationale-cross-ownership-21mar11-en.pdf [PDF, 172 KB]) is, "So long as certain restrictions were put into place on the conduct of registries and registrars, specifically as they relate to data, and so long as competition review remained available in the event of concerns regarding market power – there was no economic support to restrict, on an across-the-board basis, the ability of registries to hold ownership interests in registrars, and vice versa."

Staff member responsible: Craig Schwartz

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