Reconsideration Request 99-2
Recommendation of the Committee
Date: 10 January 2000

To: Gene Marsh
Cc: Hans Kraaijenbrink; Ken Fockler; Amadeu Abril i Abril; Louis L. Touton
Subject: RE: gTLD Registry NC Representation

Dear Mr. Marsh:

In response to your request for reconsideration dated August 2, 1999, the Reconsideration Committee of the ICANN Board has made the following recommendation:

"[RC 99-2] The Reconsideration Committee recommends to the Board that Request for Reconsideration 99-2 (submitted August 2, 1999, by Gene Marsh) be denied. The request did not include the basic information required by the Reconsideration Policy, and Mr. Marsh did not respond to an August 5 staff request to provide that basic information. In addition, the Committee notes that the request was not timely, as it was received more than two months after the Board's decision on May 27, 1999, to provisionally recognize the gTLD constituency."

I have included copies of your reconsideration request and my email to you of August 5, 1999.

Best regards,

--Andrew

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andrew mclaughlin | senior adviser
internet corporation for assigned names and numbers
mclaughlin@icann.org | www.icann.org
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======= RECONSIDERATION REQUEST =========

-----Original Message-----
From: Gene Marsh [mailto:marshm@anycast.net]
Sent: Monday, August 02, 1999 1:06 AM
To: reconsider@icann.org
Cc: richard@vrx.net
Subject: gTLD Registry NC Representation

ICANN Board,

I am hereby formally requesting reconsideration of the request by the TLDA for representation on the ICANN Named Council in the gTLD Registry Constituency.

I have already submitted to the board all of the requested information regarding this request. Please advise me directly should there be a need for an additional copy of the supporting documentation.

Regards,

Gene Marsh
president, anycastNET Incorporated
Senior Network Marketing Manager, Diebold Incorporated
interim secretary, Top Level Domain Association

++++++++++
Gene Marsh
president, anycastNET Incorporated
330-699-8106

======= STAFF REQUEST - AUGUST 5, 1999 ==========

-----Original Message-----
From: Andrew McLaughlin
Sent: Thursday, August 05, 1999 2:05 AM
To: Gene Marsh
Cc: richard@vrx.net
Subject: RE: gTLD Registry NC Representation

Dear Gene:

Your request has been received and will be posted on the Reconsideration Committee webpage within the next day -- http://www.icann.org/committees/reconsideration/recon-committee.htm. Please take a look at the Reconsideration Policy -- http://www.icann.org/reconsideration.html. That policy sets minimum requirements for the information that must be contained in a request for reconsideration:

"A request for review or reconsideration must be filed within 30 days after (a) the affected party or its affiliate receives notice of the action, or (b) ICANN posts notice of the action on its web site, whichever is sooner. Requests for review or reconsideration must be submitted by email to reconsider@icann.org. No particular form is required, but requesting parties must include at least the following information:

• name, address, and contact information for the requesting party, including postal and email addresses;
• the specific action of ICANN for which review or reconsideration is sought;
• the date of the action;
• the manner by which the requesting party will be affected by the action;
• whether a temporary stay of the action is requested;
• what specific steps the requesting party asks ICANN to take - i.e., whether and how the action should be reversed, cancelled, or modified;
• the grounds on which the action should be reversed, cancelled, or modified; and
• any documents the requesting party wishes to submit in support of its request.

"If a temporary stay of the action is requested, the requesting party should identify what harms will result if the action is not stayed."

This may seem duplicative to you, but the policy requirements are clear and apply equally to everyone. More importantly, the formal request for reconsideration constitutes the record on which the Reconsideration Committee must make its decision. For example, the request has to state the date of the decision for which reconsideration is requested, so that the Committee can determine whether the request falls within the 30 day time limit. The request previously filed by Eric Brunner simply covers these points one-by-one.

In order to make the best possible case for your position, I suggest that you resubmit your request, including the information required by the Reconsideration Policy.

With best regards,

--Andrew

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andrew mclaughlin | senior adviser
internet corporation for assigned names and numbers
mclaughlin@icann.org | http://www.icann.org
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