BAMC Attendees: Alan Barrett, Becky Burr, Edmon Chung, Sarah Deutsch, Patricio Poblete, León Sánchez and Katrina Sataki
Other Board Member Attendees: Manal Ismail and Göran Marby
ICANN organization Attendees: Aaron Jimenez (Board Operations Specialist), John Jeffrey (General Counsel and Secretary), Elizabeth Le (Deputy General Counsel), and Amy Stathos (Deputy General Counsel)
The following is a summary of discussions, actions taken, and actions identified:
Request for Urgent Consideration of Reconsideration Request 21-3: Dot Hip Hop LLC: Edmon Chung recused himself from the discussion and consideration of Reconsideration Request 21-3 (Request 21-3), noting potential conflicts. The BAMC received a briefing on Request 21-3 submitted by Dot Hip Hop, LLC (Requestor), challenging alleged ICANN staff inaction on a request for assignment of the .HIPHOP generic top-level domain (gTLD) from the current registry holder, UNR Co. (UNR), to the Requestor. The Requestor asks that Request 21-3 be considered on an urgent basis pursuant to Article 4, Section 4.2(s) of the ICANN Bylaws, instead of the regular time frame of the reconsideration process. The Requestor claims that urgent reconsideration is warranted because "[i]t has been more than four . . . months since the original assignment request" and it is "being economically harmed every day that approval is not given" by ICANN Staff.1 Section 4.2(s) of the ICANN Bylaws provides for urgent reconsideration, but only if the requestor believes that the Board action or inaction for which reconsideration is sought is so urgent that the timing requirements for a standard reconsideration process are too long. The BAMC determined that Request 21-3 does not qualify for urgent consideration because the Requestor is seeking reconsideration of staff inaction, not Board action or inaction. Reflecting that the Bylaws do not provide for urgent reconsideration in this case, and noting that the Requestor concedes that Request 21-3 does not qualify for urgent consideration, the BAMC concluded that Request 21-3 must be rejected. The BAMC noted that its determination is limited to its assessment of whether Request 21-3 meets the requirements for urgent reconsideration, and that a substantive review of the merits of the Requestor's claims is beyond the scope of the BAMC's determination. Request 21-3 will be processed under the regular time frame of the Reconsideration process.
- Action: ICANN org to notify Requestor and continue processing Request 21-3 in accordance with the normal timeline of the reconsideration process.
Published on 04 February 2022
1 Reconsideration Request 21-3, § 3, https://www.icann.org/en/system/files/files/reconsideration-21-3-dot-hip-hop-request-redacted-14dec21-en.pdf.