Received: 1 February 2001
Pursuant to the Reconsideration Policy adopted March 4, 1999, [ICANN Bylaws, Article III, Sec. 4(a)], .Kids Domains, Inc. requests reconsideration and clarification of the status of the denied application for the .kids gTLD. In addition, we seek reconsideration (or disclosure) of the accounting of the funds collected by the gTLD applicants. KDI respectfully submits that the ICANN staff, due to the compressed time frame in which the TLD selection process took place, failed to consider, or improperly disregarded, considerable evidence regarding the KDI application for a new gTLD. Moreover, we submit that selection process failed to provide an adequate opportunity to respond to ICANN staff concerns that may not have been founded on facts. In consideration of these limitations and possible errors, KDI requests the ICANN Board reconsider that body's decision of November 16, 2000, resolution 00. 89.
H. Page Howe, Chairman of the Board
.Kids Domains, Inc.
374 N. Pacific Coast Hwy.
Encinitas, CA 92024
Specific ICANN Actions for Which Reconsideration is sought:
The compressed review period caused many problems, culminating in the denial of the .Kids Domains, Inc. application. KDI requests a refund of non-accounted application fees or the application of those funds to future application processes for new gTLD licenses. Moreover, since contact with ICANN board members regarding the gTLDs has been and apparently continues to be prohibited, KDI requests a clarification of allowable contact with ICANN staff and board members.
Date of the Action:
ICANN Resolution 00.89 was defined on November 16, 2000; however, the process was stated to be continual by several board members and it is not clear whether the final date of the gTLD process has been established.
Manner by which the requesting party will be affected by the action:
KDI has been damaged by being denied the opportunity to operate a new TLD registry. KDI has been damaged because ICANN issued statements or conclusions that are factually inaccurate. Because the initial selection process, next phase of the selection process, and usage of funds has been unclear, it harms KDI's ability to communicate with partners, investors, supporters, and prospective partners.
Grounds Upon Which ICANN Action Should be Cancelled or Modified:
- The Staff Report was issued at a time when the ICANN Board members were undoubtedly traveling. The KDI application was clear in it's description of how we would control content in the restricted domain. However, several board members demonstrated an unawareness of our proposals.
- Applicants were given neither sufficient time nor forum to clarify misconceptions from the staff report or misunderstandings voiced by ICANN board members.
- There were important steps, outlined by ICANN, that were skipped due to time constraints.
- The objections to the KDI application stated by ICANN board members were not within the scope of the published assessment criteria.
- Although several board members expressed that the application process was "open ended" and the gTLD selection would be continuing, we have not been contacted or advised about the next phase of the process. There is no clear procedure for those applicants not chosen.
- Mr. Roberts stated that there would be a clear accounting of funds collected from the gTLD applicants, and that information would be published.
- There was an inequitable treatment of information, and ICANN did not fulfill its commitments to a transparent and open process: there was no public record or minutes of the ICANN board phone meeting that discussed the gTLD applicants, and the indemnity questions asked late in the process were not made public as promised.
ICANN archives, minutes and scribe notes from the November 2000 meetings.
.Kids Domains, Inc. (KDI) has applied for the license for the .kids domain. KDI will be a registry operator of sites that have agreed to have their content regulated by KDI. KDI seeks to establish a greenspace that offers parents, caregivers, and/or authorities a "known quantity" content that is suitable for young children.