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.

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 views of Internet Service Providers and Connectivity Providers are appropriately communicated and understood. It will be particularly attentive to the needs and concerns of such 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

1.  they are in the business of operating Name Servers as a service for 3^rd parties other than companies affiliated with the respective provider and

2.  they

a.  operate an Internet backbone network based on TCP/IP or
b.  provide transit to either Internet users or 3^rd party's Internet content.

The ISP Constituency will be represented primarily through Associations recognized as qualified to represent a broad range of commercial interests within the framework of the above definition. In addition, Business and commercial entities can apply for membership if they

1. are ISPs or connectivity providers within the meaning of the above definition and
2. demonstrate, that the activities of the DNSO commercially affect themselves and
3. understand, that the delegates appointed need to participate on a regular basis in the work of the Constituency.

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 ISPE shall make all final decisions and administer the normal operational activities.

Each member 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. However such admission shall not be valid for longer than one year.

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.

Membership in the ISPE shall end in the event of

1. termination of the relationship between the delegate and appointing entity; or
2. termination of the appointing entity's membership in the ISP Constituency; or
3. the removal by the member, where the removal shall be effective upon receipt by the chairman of the ISPE.

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") from among the delegates of its qualified members. 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.

In order to assure geographical diversity, not two officers may belong to organizations whose major place of business is in the same region.

The term of office for each officer is 24 months, staggered so that every 12 months officers shall be elected. The initial chairman shall hold office for 24 months, and the initial deputies shall hold office for 12 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 memberships, the dues of such membership 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.

The undersigned will become members of the ISP Constituency without need for a separate application. Representatives of this application's signatories shall form the initial ISPE upon notification that the ICANN Board has approved its application.

Until the articles of the ISP Constituency have been approved every qualifying entity may apply for membership in writing demonstrating the qualification as set out above. The Chairman shall pass the application on to the members of the ISPE. The officers will determine thath the criteria have been met following a two weeks period upon submisstion to the ISPE. If at least three members disagree with the applicant to become a member, the decision will be postponed until ratification of the articles.
 

The undersigned hereby appoint the following interim officers holding office until the articles have been adopted:

Tony Harris

Hirofumi Hotta

(replacing Siegfried Langenbach, who resigned in the course of the ICANN open meeting in order to facilitate geographical diversity)

Michael Schneider
 

Signed:

CIX (Commercial Internet Exchange)

ETSI (European Telecommunications Standards Institute)

EuroISPA (European Internet Service Providers Association)

NTT (Nippon Telegraph and Telephone Corporation)

IAWH (International Association of Web Hosts)

ASIMELEC (Asociatión Multisectorial de Empresas Espanolas de Electrónica)

Deutsche Telekom AG

Eurotel GmbH

France Telecom

EcomLAC

CABASE (Cámara Argentina de Bases de Datos y Servicios en Línea

Telia

BT (British Telecom)

World-Net

Interland Inc.

pi.se

CSL Computerservice Langenbach GmbH

Knipp Medien und Kommunikation oHG

CAIP (Canadian Association of Internet Providers)

ISP/C (Internet Service Providers' Consortium), subject to ISP/C's approval of the application as amended by the signatories present