The undersigned hereby apply to become the ISPs' and connectivity providers' Constituency Group ("ISP Constituency" or "Constituency"), pursuant to the Domain Name Supporting Organization Formation Concepts, adopted 4 March 1999 by ICANN's Board of Directors. The undersigned hereby commit to fulfill the duties and responsibilities of the Constituency and to implement appropriately the policies set forth in this application.or that might be adopted subsequently by ICANN, the Names Council or the Constituency membership pursuant to the Articles and Bylaws.
In the view of the undersigned, this document will until its ratification by the ICANN Board remain the basis for further discussion and revisions. This does not, however, affect the fact that the undersigned regard themselves as committed to the final application and that the undersigned intend to submit such final version by the Berlin meeting.
The ISP Constituency will form an integral part of the Domain Name Supporting Organization (DNSO). The Constituency's goal is to fulfill roles and responsibilities that are being created by relevant ICANN and DNSO bylaws, rules or policies as ICANN proceeds to conclude its organization activities. These responsibilities include the election of three members to the Names Council and to ensure that ISPs' views are appropriately communicated and understood. It will be particularly attentive to the needs and concerns of service providers, which will also be balanced with the public interest. The ISP Constituency is committed to wide membership participation and open, transparent procedures and practices.
For the purposes of this Application ISPs and connectivity providers are entities that comply with the following criteria, namely
The ISP Constituency will be represented through Associations recognized as qualified to represent a broad range of commercial interests and that function as legitimate Internet industry trade associations apart from an interest in DNS issues. Business and commercial entities can apply for membership if they
Membership in the ISP Constituency is open to all entities that meet the foregoing criteria, regardless of their involvement in any other DNSO constituency or ICANN Supporting Organization.. Requests for membership in the ISP Constituency shall not be refused on the sole ground that the applying entity is a member in another DNSO constituency or ICANN Supporting Organization.
The undersigned will become members of the ISP Constituency without need for a separate application.
The ISP Constituency's Executive Committee (ISPE) shall make all final decisions and administer the normal operational activities.
Each member, which may be an association or qualifying commercial organization, may designate one representative to the ISPE. If the ISPE determines that an otherwise non-qualifying entity's membership is essential to the ISP Constituency, it may admit a delegate of such entity. Representatives of this application's signatories shall form the initial ISPE upon notification that the ICANN Board has approved its application.
Decisions on membership in the ISP Constituency and ISPE shall be made without unreasonable delay, and at the latest within three months after receipt of the application. If the ISPE is hampered in reaching a decision, it shall submit the case to the Names Council for its opinion. If a decision on membership is not taken within this three-month period, the applicant shall be entitled to appeal to the Names Council. Any decision by the ISPE to refuse membership will be subject to review by the Names Council according to a process to be determined by the ISPE.
The designation of a delegate on the ISPE shall begin with the determination by the ISPE that the organisation appointing the delegate is a member of the ISP Constituency and that the delegate meets all requirements for participation in the ISPE.
Membership in the ISPE shall end in the event of
The termination of membership in the ISP Constituency and ISPE shall be determined by resolution of the ISPE. In the case of involuntary termination, the affected member shall not have a vote and the ISPE shall explain the reasons for its decision fully in writing and shall provide reasonable advance notice to the entity whose membership will be determined.
The ISPE shall elect a chairman and two deputies ("the officers"). In the event of a tied vote, lots shall be drawn. The chairman and the deputies shall also represent the interests of the ISP Constituency on the Names Council. To qualify for election for these positions, individuals shall demonstrate a knowledge of the commercial Internet service provision sector.
The term of office for each officer is 18 months, staggered so that every six months one officer shall be elected. The initial chairman shall hold office for only one year, and the deputy elected by the lower number of votes shall hold office for six months. The officers may not be elected for more than two successive periods. Re-election is only possible after an intervening period of one year.
If an officer resigns from the ISPE or is removed upon a two-thirds majority of voting members and on application by at least three delegates, a successor shall be elected within three months. The new officer shall assume the responsibilities of the former officer for the remaining period of office.
The ISPE shall meet as required to conduct the business of the constituency or on request by 20% or more of the delegates, either physically or by tele- or videoconference. Physical meetings may be combined with tele- or videoconferences.
Each delegate shall have one vote. Decisions shall be taken by simple majority of the delegates entitled to vote, unless otherwise determined by the applicable Articles and Bylaws of the ISP Constituency and the provisions governing these.
Amendments to the Articles of the ISP Constituency must be approved by a 2/3 majority of the delegates entitled to vote. The initial ISPE shall adopt the first Articles within three months by simple majority, which may only deviate from the principles contained in the application if the majority required for an amendment to the Articles is met. Until the first Articles are adopted, the relevant provisions of this Application shall apply directly.
Each member of the ISP Constituency shall pay whatever sum the Executive Committee determines is necessary to cover the costs of participating in the DNSO through this constituency. If the ISPE decides later to authorize individual membershipss, the dues of suchmembership shall reflect the full cost of providing membership benefits and services. Financial arrangements may be made at the discretion of the ISPE to assist financially non-profit trade associations from developing regions of the world.