Special Award Conditions
NCR-9218742
Amendment No. 11
|
| Parties: |
Department of Commerce (USG), Network Solutions, Inc. (NSI) |
| Effective Date: |
October 7, 1998 |
| Purpose: |
This agreement facilitates the stable evolution of the Internet
domain name system (DNS) in accordance with the provisions of the
Statement of Policy on DNS administration, "Management of Internet
Names and Addresses," 63 Fed. Reg. 31741 (1998) (hereinafter
"Statement of Policy" or "White Paper") by: (1)
providing for recognition by NSI of NewCo when recognized by the USG
in accordance with the provisions of the Statement of Policy; (2)
amending the Cooperative Agreement No. NCR-9218742; (3) authorizing
NSI's continued operation of the primary root server during the transition;
and (4) providing for the development, deployment and licensing by
NSI of a mechanism that allows multiple registrars to accept registrations
for the generic top level domains (gTLDs) for which NSI acts as a
registry. |
| Term and
Transition: |
This agreement extends the Cooperative Agreement through September
30, 2000; provided, however, that as the USG transitions DNS responsibilities
to NewCo, corresponding obligations under the Cooperative Agreement
as amended will be terminated and, as appropriate, covered in a contract
between NSI and NewCo. |
| General
Definition of NewCo: |
For purposes of this agreement, NewCo is the not-for-profit corporation
described in the Statement of Policy and recognized by the USG in
accordance with the provisions of the Statement of Policy for so long
as the USG continues its recognition of NewCo.
|
| Competition
|
| Shared Registry: |
In order to create an environment conducive to the development
of robust competition among domain name registrars, NSI will, either
directly or by contract, develop a protocol and associated software
supporting a system that permits multiple registrars to provide
registration services within the gTLDs for which NSI now acts as
a registry (Shared Registration System).
Development of the Shared Registration System shall reflect the
following agreed upon time line, which assumes that the USG does
not request changes in the specifications:
1. By November 1, 1998, NSI shall provide functional and interface
specifications for the Shared Registration System and a milestone
schedule for its development and implementation.
2. By December 1, 1998, NSI shall create a focused input technical
advisory group consisting of not more than 10 individuals designated
by NewCo to comment on the design of and participate in testing
of the Shared Registration System.
3. By March 31, 1999, NSI will establish a test bed supporting
actual registrations in .com, .net and .org by 5 registrars accredited
by NewCo (Accredited Registrars). (Phase 1)
4. By June 1, 1999, the Shared Registration System will be deployed
by NSI and available to support multiple licensed Accredited Registrars
offering registration services within the gTLDs for which NSI
now acts as a registry. (Phase 2)
5. By October 1, 1999, NSI will have completed reengineering
of NSI's registry/registrar interface and back end systems so
as to assure that NSI, acting as registry, shall give all licensed
Accredited Registrars (including NSI acting as registrar) equivalent
access ("equal access") to registry services through
the Shared Registration System. (Phase 3). The functional and
interface specifications of the Shared Registration System shall
describe a protocol and associated software able to: (1) provide
security and authentication protocols and procedures for requests
from registrars; and (2) permit second level domain name holders
to change registrars within the same registry without changing
domain names.
NSI agrees to license the Shared Registration System protocol,
associated documentation, and reference implementation to Accredited
Registrars, on reasonable terms and conditions approved by the
USG, such approval not to be unreasonably withheld, that are designed
to promote the development of robust competition for the provisions
of registrar services. |
| Enhanced
Searchable Database: |
Not later than November 1, 1998, NSI shall provide the USG with
a written description of its proposed enhancements to the existing
WhoIs database(s).
Within 60 days after the publication by the World Intellectual
Property Organization (WIPO) of recommended characteristics of an
enhanced searchable database containing domain name registration
data, NSI will provide a report to the USG regarding how and under
what conditions such a database might be designed and implemented
in the gTLDs for which NSI now acts as the registry. |
| Pricing: |
Commencing upon the Phase 1 deployment of the Shared Registration
System, and for the term of this agreement, NSI's prices for registry
services through the Shared Registration System in the gTLDs for which
NSI now acts as the registry, will be no more than a dollar amount
per registration/year to be specified in a further amendment reflecting
NSI's costs and a reasonable return on its investment. This price
cap will be adjusted via an amendment to the Cooperative Agreement
to reflect demonstrated changed costs of NSI arising from newly enacted
legislation, NewCo fees, inflation, regulations, standards, costs
of new litigation (including settlements and judgments) in excess
of NSI's operating plan or changes in the operation of the registry,
or to fund specific additional activities in the event such activities
are reflected in an amendment to the Cooperative Agreement. |
| Existing
NSI Customers: |
Commencing upon the Phase 1 deployment of the Shared Registration
System, and for a period of 18 months thereafter, NSI shall permit
any customer with whom it has a contract pursuant to which NSI provides
registration services that is either facially or effectively exclusive
as to registration services, to terminate the registration provisions
of such contract (following payment of all amounts due up through
the time of such termination) and obtain registration services from
other registrars; provided, however, that NSI may enter into agreements
pursuant to which NSI's counterparty agrees not to utilize proprietary
intellectual property or confidential proprietary information provided
by NSI to the counterparty pursuant to their agreement. |
| New Contracts: |
Commencing on the effective date of this agreement, and for a period
of 18 months after the Phase 1 deployment of the Shared Registration
System, NSI will not enter into an agreement with any other party
that limits in any way that party's ability to serve as a registrar
or to operate a registry; provided, however, that (1) NSI may enter
into agreements pursuant to which NSI's counterparty agrees not to
utilize proprietary intellectual property or confidential proprietary
information provided by NSI to the counterparty pursuant to their
agreement; and (2) the mere provision by NSI, on a nonexclusive basis,
of registration services to a party shall not be deemed to limit that
party's ability to serve as a registrar or operate a registry. |
| Separation
of Registry/Registrar Services: |
Following the Phase 1 deployment of the Shared Registration System,
NSI shall make a certification to the USG every six months designed
to demonstrate by means of objective criteria, which shall be agreed
upon between USG and NSI, that NSI is providing all licensed Accredited
Registrars with equal access to its registry services. NSI also will
by February 1, 1999, employ appropriate safeguards, approved by the
USG, to ensure that revenues and assets of the registry are not utilized
to financially advantage NSI's registrar activities to the detriment
of other registrars.
|
| Data,
Know How, Technical Assistance, etc. |
| Software and Data: |
Not later than 30 days after the date of this agreement, NSI
shall submit to the USG an electronic copy of all software and data
generated under the Cooperative Agreement through September 30,
1998.
Not later than 60 days after the date of this agreement, NSI shall
submit to the USG all existing documentation for such software and
data generated through September 30, 1998.
The USG will take appropriate measures, including the development
and execution of confidentiality agreements acceptable to NSI, to
protect the confidentiality of such data, software and documentation
so delivered. To the extent any such software, data or documentation
need to be made available to any agent, contractor or project partner
of the USG, the USG will promptly so notify NSI and will require
such agent, contractor or project partner to comply with similar
appropriate confidentiality requirements; provided, however, that,
except as otherwise expressly provided herein, nothing in this paragraph
is intended to alter any intellectual property rights of the USG
or NSI established in the Cooperative Agreement. |
| Assistance
to NewCo: |
If NewCo has a technical question or a need to access appropriate
intellectual property of NSI, and the answer to such question or such
access is reasonably necessary for NewCo to carry out its responsibilities
as described in the "Coordinated Functions", the "Purpose"
and the "Transition" sections of the Statement of Policy
(NewCo's Responsibilities), and provided that NewCo shall have agreed
to protect the confidentiality and security of any such information
under a confidentiality agreement mutually acceptable to NSI and NewCo,
NSI shall provide such answer or access and shall not assert any of
its intellectual property rights or its desire to protect confidentiality
or security as a basis to deny such requests; provided, however, that
NSI shall not be required to expend excessive time or resources in
answering such questions or fulfilling such requests unless it receives
reasonable compensation for such expenditures; and provided further,
that, except as otherwise expressly provided herein, nothing in this
paragraph is intended to alter any intellectual property rights of
the USG or NSI established in the Cooperative Agreement.
|
| Recognition of NewCo
|
| NewCo: |
As provided in the Statement of Policy, the USG will effect
the transition of its DNS responsibilities through an agreement
with NewCo. That agreement will (i) require NewCo to exercise the
responsibilities delineated in the Statement of Policy in a transparent,
non-arbitrary, and reasonable manner, (ii) prohibit NewCo from acting
unjustifiably and arbitrarily to injure particular persons or entities
or particular categories of persons or entities, and (iii) require
NewCo to subject registrars to consistent requirements designed
to promote a stable and robustly competitive DNS, as set forth in
the Statement of Policy. Following the finalization of the agreement
between the USG and NewCo, NSI will recognize NewCo pursuant to
a contract between NSI and NewCo.
NSI acknowledges that NewCo will have the authority, consistent
with the provisions of the Statement of Policy and the agreement
between the USG and NewCo, to carry out NewCo's Responsibilities.
Nothing in this agreement, apart from NSI's recognition of NewCo
pursuant to this section of this agreement, shall limit NSI's rights
to operate as a registry or registrar in TLDs other than .com, .net,
.org, .edu, or to participate in any other lawful business pursuit.
|
| Miscellaneous
|
| Root Servers: |
NSI agrees to continue to function as the administrator for
the primary root server for the root server system andas a root
zone administrator until such time as the USG instructs NSI in writing
to transfer either or both of these functions to NewCo or a specified
alternate entity.
While NSI continues to operate the primary root server, it shall
request written direction from an authorized USG official before
making or rejecting any modifications, additions or deletions to
the root zone file. Such direction will be provided within
ten (10) working days and it may instruct NSI to process any such
changes directed by NewCo when submitted to NSI in conformity with
written procedures established by NewCo and recognized by the USG.
|
| Modification
Of Cooperative Agreement: |
Except as modified by this Amendment, the terms and
conditions of the Cooperative Agreement, as previously amended, remain
unchanged. |
Comments
concerning the layout, construction and functionality of this site
should be sent to webmaster@icann.org.
Page
Updated
10-Nov-2002
©2000 The Internet Corporation for
Assigned Names and Numbers. All rights reserved. |
