F3.1 List of material subject to the request for confidential treatment

 

 

IN THE REGISTRY OPERATOR’S PROPOSAL TEXT:

 

…………………….

D13.1.2. Current business operations. Core capabilities, services offered, products offered, duration of provision of services and products.

 

Internet-fr offers two main types of service to its corporate customers mainly in France:

 

            Critical web hosting (shared and co-located servers);

            Leased lines for IP access.

 

Internet-fr is:

 

            Active member of AFNIC( dot fr TLD)

            Local registry for RIPE

            ISO 9001

Microsoft Certified Solution Provider

WAS (Web Attached Storage) certified by AUSPEX

Internet-fr benefits from numerous peering agreements with, for example, BULL, Abovenet, COLT, Globix, Carrier1, Level 3, PSINet, Belgacom,…

 

CSL is ISP (Internet Service Provider) for companies only (no individual customers), restricted to the region of Nordrhein Westfalen = nrw (in revenue the biggest of the16 states of Germany, 18 million inhabitants)

CSL provides additionally services in Database applications and statistical analysis.

 

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From the list of customers to be mentioned:

·        Henkel

·        Ferrero

·        VDI ( German association of engineers )

·        Weight Watchers

·        Madakom ( Standardization  association for retailers in Germany )

·        Detekom ( consultant company of Deutsche Telekom )

·        Ericsson

·        E-plus ( 3rd GSM provider in Germany )

·        Stadtwerke Düsseldorf ( civil services of town )

·        Ricoh

·        Grey

·        Last not least CORE ( Internet Council of Registrars )

 

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D13.1.3. Past business operations/entity history. History, date of formation, legal status/type of entity, initial services, duration of provision of services and products.

 

Founded in 1972, the company was transformed in a GmbH in 1977, originally providing statistical analysis for market research companies and departments. Database services were added in 1990, Internet services in 1994.

 

CSL is used to run large database-applications as examples:

 

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On-line database for Weight Watchers in Germany, 1 million members with behavior.

 

For Madakom, a standardization body for manufacturers and retailers, collecting 1 million records per week from 200 outlets of barcode-marked products for statistical analysis. Online data for 2 years (= 104 weeks).

 

For Detekom, a Deutsche Telekom owned company, a survey on 500,000 employees and former employees before the split of Deutsche Telekom's predecessor.

 

CSL programmed and actually runs the registrar environment for CORE ( Internet Council of Registrars ). CORE was chosen by ICANN as one of 5 test-bed registrars back in April 1999. Originally, CORE intended to run a registry for some TLDs. A software called SRS ( shared registry system ) was developed to handle them. When CORE become a registrar, the software was modified, thereby allowing CORE members to use it as a gateway to the NSI registry. Almost 1 million domains were registered and maintained by SRS. Unlike the software run by NSI as registry, this is a so called heavy-registry-software, having almost all data stored at the registry level, making it easier for the registrars.

 

Siegfried Langenbach was a cofounder and the first head of the Supervisory Board of DENIC, the German registry, which is the 2nd largest registry in the world after NSI.

 

Recognized as an expert, CSL is working together with the EU commission to define the technical aspects of a TLD for the EU.

 

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Internet-fr has built up a large customer base including well known organizations and companies, such as :

 

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Vivendi, Century 21, Argus de la Presse, Green Peace, UNICEF,

St Gobain Emballages, MAN, Virgin Cola, Geophysique, Oberthur, Cilas (CEA/Matra), Dassault Systems,Lufthansa,

Jean-Paul Gaultier, Kenzo, Salvatore Ferragamo, Christian Lacroix,

OCDE, INSEE, FIANET (Axa group), Abeille Assurances,…

 

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D13.1.8. Commercial general liability insurance. Address/include amount of insurance policy, provider of policy, plans for obtaining additional insurance.

 

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Netbay has subscribed several insurance policies covering its business activities.

 

The most important ones concern :

 

-         Premises and operations liability insurance ("assurance responsabilité exploitation");

 

.    the limit of liabilities amounts to EUR 4.5 million,

.    the insurance broker is Samcar located 24, boulevard Princesse Charlotte – 98000 Monaco

.     the insurance company is Albingia located 109-111, rue Victor Hugo – 92532 Levallois-Perret Cedex.

 

-         Professional liability insurance ("assurance responsabilité civile professionnelle");

 

.    the limit of liabilities amounts to EUR 1.5 million,

.    the insurance broker is Samcar located 24, boulevard Princesse Charlotte – 98000 Monaco

.    the insurance company is AIG Europe located Tour AIG – 92079 Paris La Défense Cedex 2.

 

Other policies have been also subscribed by Namebay. They mainly concern multi peril insurance and legal employer's liability.

 

The documentation related to Netbay's policies is shown in appendix D 13.4.5.

 

In the near future, if Netbay's registry operator application is accepted by ICANN, higher limits of liability will be negotiated with Netbay's insurance broker and companies.

 

It has to be recalled that Mr. et Mrs. Husson have an extensive knowledge of the insurance sector being respectively the Chairman and the Vice Chairman of an insurance brokerage group.

 

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D 13.2. Business plan for the proposed registry operations. This section should present a comprehensive business plan for the proposed registry operations. In addition to providing basic information concerning the viability of the proposed operations, this section offers the registry operator an opportunity to demonstrate that it has carefully analyzed the financial and operational aspects of the proposal. At a minimum, factors that should be addressed are:

 

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The business plan for the proposed registry operations is included Appendix D13.1.

 

This appendix has been split into three parts corresponding to the three demand confidence levels for registry services:

 

50 M : corresponds to the scenario in which the actual level of demand has a 50 % probability of being above the level used in the plan : “M” stands for “medium”;

 

10 H : corresponds to the scenario in which the actual level of demand has a 10 % probability of being above the level used in the plan : “H” stands for “high”;

90 L : corresponds to the scenario in which the actual level of demand has a 90 % probability of being above the level used in the plan : “L” stands for “low”.

 

Each of these scenarios is characterized by a set of data consistent with the demand level assumption. For example, the staff and related labor costs have been realistically correlated with the activity volume of name registration and the expected number of registrars.

 

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D13.2.6. Resources required to meet demand. Provide a detailed estimate of all resources (financial, technical, staff, physical plant, customer service, etc.) required to meet the estimated demands, using at least the 10%, 50%, and 90% confidence levels.

 

All the data related to this section are displayed in appendixes D13.2.6 “Labor resources” and D13.2.8 “Staff”

 

The following section details the requirements for the 50 M scenario. It is planned to reduce or increase resources to adequate levels corresponding to the actual activity volume.

 

Technical/staff/customer service

 

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1- Software development staff

·        1 day-shift , 4 persons

·        supervision of test-system

·        programming and testing

·        2nd level support

 

2- Operation staff (Day to day operation of production):

·        3 shifts, 2 persons each, additional 1 for  vacation, sick leave , total of 7 persons

·        monitoring of production environment

·        frontend, backend

·        nameservers

·        whois-server

·        special web-server for search

·        supervising performance, statistics, updates

·        reporting and documenting bugs and problems

 

 

3- Registrar relation staff (Customer care) :

·        3 shifts, day-shift 2 persons, night-shifts 1 person each, total of 4 persons

·        supervision of registrar test-phase (each registrar must perform a test before being connected with the production environment)

·        administrative tasks related to registrar

·        hot-line for registrars, 1st level support

 

4- National membership organizations related staff (Customer care)

·        1 day-shift , total of 2 persons

·        relation to membership organizations (a registrant must be member of one)

keeping records, clearing of disputes

 

5- Administrative staff

 

A staff of 4 people has been forecast for checking the electronic copies of registrant documents sent by registrars and other administrative tasks.

 

6- Others

 

One CEO, one CFO and one assistant to the CEO and the CFO.

 

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D13.2.13. Capital requirements. Quantify capital requirements in amount and timing and describe how the capital will be obtained. Specify in detail all sources of capital and the cost of that capital (interest, etc.). Evidence of firm commitment of projected capital needs will substantially increase the credibility of the registry operator's proposal.

 

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The capital requirements for each scenario are determined through three sets of appendixes :

 

Appendix D13.2.13.a “Sources and Uses of funds“

 

Appendix D13.2.13.b “Projected Balance sheet structures“

 

Appendix D13.2.13.c “Projected Balance sheets“

 

In scenario M, at the beginning of year 1, the share capital of the Registry Operator is raised to EUR 2,000,000 and additional funds in the form of current accounts granted by the shareholders to the company progressively reach an amount of EUR 2,000,000. These current accounts are reimbursed in year 2 and year 3.

 

In scenario L, at the beginning of year 1, the share capital of the Registry Operator is raised to EUR 2,000,000 and additional funds in the form of current accounts granted by the shareholders to the company progressively reach an amount of EUR 3,500,000. These current accounts are reimbursed in year 2, year 3, year 4 and year 5.

 

 

In scenario H, at the beginning of year 1, the share capital of the Registry Operator is raised to EUR 2,000,000 and additional funds in the form of current accounts granted by the shareholders to the company progressively reach an amount of EUR 1,600,000. These current accounts are reimbursed in year 2.

 

In all these scenarios, the project is financed only with shareholders’ funds. No external financing is required.

 

A letter from one of a Netbay shareholder banker states that he easily has the capacity to cover with equity funds the capital needs of the registry project, even in the L scenario (see Appendix D.13.2.13. d).

 

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D13.3. Pro‑forma financial projections. Please provide detailed pro‑forma financial projections, consistent with your business plan, for the demand scenarios that you estimate under item D13.2.5. The pro‑formas should show revenue and expense estimates broken down by detailed categories and should be broken down into periods no longer than quarterly.

 

Pro-forma financial projections are stated in the following appendixes :

 

 

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Appendix D13.2.14 “ Profit and Loss Accounts“

 

Appendix D13.2.13.a “Sources and Uses of funds“

 

Appendix D13.2.13.b “Projected Balance sheet structures“

 

Appendix D13.2.13.c “Projected Balance sheets“

 

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D13.4.4. Proof of capital. Provide evidence of existing capital or firm commitments of capital. Demonstrated access to necessary capital will be carefully scrutinized.

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A letter from one of Netbay’s shareholders shows that Netbay has the access to the capital needed to implement its registry project. The commitment expressed in this letter is backed by an international bank. (Please see Appendix D13.4.4).

 

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D13.4.5. Proof of insurance. Please provide proof of the insurance described in item D13.1.8.

 

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The documents concerning insurance policies of Netbay, described in D 13.1.8, are shown in Appendix D13.4.5.

 

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IN THE REGISTRY OPERATOR’S PROPOSAL APPENDIXES:

 

VOLUME 1.

 

            D 13.1.           BUSINESS PLAN

D 13.2.5                    MARKET/VOLUMES/PRICE

D 13.2.4                    REGISTRARS

D 13.2.7a                  TECHNICAL

D 13.2.6                    LABOR RESOURCE

D 13.2.11c                OTHER COSTS

D 13.2.11b                SPONSORING ORGANIZATION BUDGET

D 13.2.7b                  DEPRECIATION

D 13.2.8                    STAFF

D 13.2.11a                SALARIES COSTS

D 13.2.12                   REVENUE

D 13.2.14                  PROFIT AND LOSS ACCOUNTS

D 13.2.13a                SOURCES AND USES OF FUNDS

D 13.2.13b                           PROJECTED BALANCE SHEET

STRUCTURE

D 13.2.13c                PROJECTED BALANCE SHEETS

 

            D 13.2.3                    MARKET

 

VOLUME 2.

 

VOL.2            D 13.2.13                  NETBAY SHAREHOLDER S’ BANKER LETTER

VOL.2            D 13.4.4                    FIRM COMMITMENT OF CAPITAL

 

VOLUME 3.

 

VOL.3            D 13.4.5                    INSURANCE CONTRACTS

F3.2 Restrictions on disclosure, use, and handling of the material

 

The material listed in F3.1 should not be disclosed except to ICANN members and representatives in charge of Netbay ‘s application appraisal and only for this purpose. These representatives will be bound by ICANN s’ own confidentiality agreement.

 


F3.3 Justification for why the material should be treated confidentially

 

Some of the information listed in F3.1 is trade secret information of the applicant present business operations.

 

Some of this information is restricted because it is related to the personal situation of the applicants.

 

The disclosure of the remaining information could be damaging to Netbay future activity in term of competition.

 

The applicants are open to review their position after appropriate discussions with ICANN representatives.