Questions to and Answers from Applicant for .tel

ICANN is in the process of reviewing iTAB's TLD Application. As outlined in the October 23, 2000 TLD Application Review Update which appears at http://www.icann.org/tlds/tld-review-update-23oct00.htm, ICANN may "gather the additional information [it] require[s] by posing specific questions to applicants in e-mail and requesting a written response."

Keeping in mind the goal to evaluate applications to operate or sponsor new TLDs in as open and transparent a manner as possible, both the questions posed by ICANN and the Applicant's responses will be publicly disclosed on the ICANN website.

Accordingly, ICANN requests your reponses to the following questions:

1. State in detail your position as it relates to possible legal claims by certain applicants and/or non-applicant third parties based on alleged trademark, patent or other violations of purported rights in the TLD identified in your application.

2. If you receive a new TLD, state whether you will indemnify ICANN for claims arising from legal challenges regarding your right to operate the new TLD. If you will indemnify ICANN, identify and describe in detail the resources you propose to utilize for the indemnification.

iTAB Responses:

1. We believe that well-established legal authority demonstrates that the provision of registration services in a particular TLD does not give rise to trademark, service-mark, patent or other purported rights in the name of the top level domain in which registration services are offered. Therefore, it does not appear that the provision of registration services in the ".tel" TLD would infringe any rights of any applicants and/or non-applicants. In this respect, our position is entirely consistent with the position of ICANN as reflected in (1) the letter dated October 23, 2000 from Louis Touton, Vice President and General Counsel, ICANN, to John M. Cone, Lawyer for Shepher Corporation d/b/a/ biz.com; (2) the e-mail dated October 23, 2000 from Louis Touton, Vice President and General Counsel, ICANN, to Alan Ezeir, Co-founder and President of Global Domains International, Inc.; and (3) the letter dated October 23, 2000 from Louis Touton, Vice President and General Counsel, ICANN, to Anthony R. Kinney, Lawyer for Economic Solutions, Inc. ("ESI").

2. If we receive a new TLD, we will indemnify ICANN for claims arising from legal challenges regarding our right to operate the new TLD. We will utilize the resources identified in Section D13.4.4 - Proof of Capital for the indemnification to the extent that any claims are not covered by our current insurance policies. We will also secure additional insurance coverage to provide for indemnification if we receive a new TLD.