Reconsideration Request 00-6
Recommendation of the Committee
Date: January 21, 2001

From: Andrew McLaughlin
Sent: Sunday, January 21, 2001 12:15 AM
To: debreed@debreed.nl
Cc: Caspar.Wenckebach@bdn.nl; Hans Kraaijenbrink; Ken Fockler
Subject: Reconsideration Request 00-6

Dear Mr. de Breed:

The ICANN Board's Reconsideration Committee has made a recommendation on your reconsideration request submitted in November. The recommendation will be considered by the full Board at its next teleconference meeting. The recommendation will shortly be posted on the ICANN website.

Best regards,



Reconsideration Committee Recommendation for RR 00-6

In reconsideration request 00-6, De Breed Holding B.V. requests reconsideration of the staff's action to enforce the $50,000 application fee for ICANN's new TLD program that was established by the ICANN Board at its July 16, 2000, meeting in Yokohama. The Reconsideration Committee recommends that the Board take no action in response to the request, for two reasons.

First, the staff's action to return De Breed Holding's application was entirely consistent with Board resolution 00-48, in which the president was "authorized to establish a non-refundable fee of USD $50,000 for the submission of an application to become a sponsor or operator of a registry, which the Board finds is a reasonable estimate of ICANN's costs likely to be associated with receipt and evaluation of such applications, and follow-up." The president did so, and we see no fair basis on which that fee could have been altered unilaterally by the staff in connection with one particular application. The Board made a clear decision to establish a fee, and the staff applied it in an evenhanded manner. It would have been unfair to the other applicants for the staff to have acted otherwise.

Second, to the extent that De Breed Holding is asking the Board to reconsider the amount of the fee, notwithstanding the Board's approval of the fee, the request was not filed on time. The amount of the fee was established by Board resolution [00-48] on July 16, 2000. Under ICANN's reconsideration policy, requests for reconsideration must be submitted within 30 days of the action being challenged.

[NOTE: Director Abril i Abril did not participate in the committee's consideration of Reconsideration Request 00-6.]