The applicant is a non-profit association ("Organization"), to be founded by Nokia Corporation together with other companies and to be established at the first stage in Finland, in order to function as an international policy making body for a Mobile Internet top-level domain and its domain name system in the interest of the Internet community.

The Organization will serve the community of mobile Internet users. The intention is to introduce and develop a new mobile Internet domain, in which the domain name system and services support mobile Internet access and mobile IP communications in the most effective manner. This will ensure higher quality of service for all mobile Internet users and support the adoption of mobile Internet applications for the benefit of all parties involved.

The aim is to continuously strengthen the Organization by contribution of new members, who will include an increasing number of well-established organizations in the field of mobile IP industry. At the same time, the power balance within the Organization will be increasingly evenly distributed as the industry and the Internet community becomes more globally represented.

As the operational aims of the Organization are global, it may, for the purposes of its aim and objectives, initiate creation of associations or other non-profit organizations worldwide.

The membership of the Organization shall be open to the Registry and the registrars of the new TLD as specified in the By-laws of the Organization, with the exception of a 12-month start-up period. A draft of the By-laws is attached.

The structure of the Organization shall include General Meeting, Board of Directors, and Advisory Committee.

The General Meeting, in which all members may participate and vote, will have the highest decisive authority. In addition, non-members may be allowed to attend and speak at these meetings in order to underline the openness and transparency of this forum.

The General Meeting shall exercise highest decisive authority for decisions on policies, which will be based on proposals presented by the Board. In relation to the policy issues, the Board shall seek advice and review from an Advisory Committee, which will represent the interests of the users and providers of mobile devices and services.

The Board of Directors shall represent the Organization, direct the general administration, manage the property of the Organization, supervise the work of the Organization offices, appoint and remove the Managing Director of the Organization and further prepare the proposals to the General Meeting, call the ordinary and extraordinary General Meetings, make decisions on required and used recourse for the administration of the Organization or any other duties specified by the General Meeting or By-laws of the Organization. The Board of Directors shall establish the criteria of qualification for the recruitment and removal of any administrative and support staff and officials for the Organization.

The Board of Directors of the Organization shall initiate proposals to be adopted by the General Meeting. The initiative for preparing proposals may also be taken by the General Meeting. The Board shall seek opinions and advice on the proposals of the Advisory Committee and may at its option decide to publish the policy proposals for comments of interested members of the Internet community. The General Meeting shall make majority decisions to adopt the policy as proposed or revise the proposal as defined in the By-laws of the Organization.

The initial Board supporting the Organization during the start-up phase consists of three members elected by the founders at the Organization's Constitutive Meeting. The ulterior composition of the Board of Directors shall include from three to ten members, with both the Registry and registrars represented. The Board shall also represent adequate geographical diversity and the aim is to have the following regions represented: Europe, Asia/Australia/Pacific; Latin America/Caribbean Islands; Africa and North America.

The Advisory Committee is open to members and non-members alike and its aim is to constitute an open participation forum to all those who are willing to contribute to the work of the Organization. The participants should have knowledge of and an interest in issues dealt with by the Organization. The Advisory Committee shall have a chairman whose role is to act as spokesman for the Advisory Committee in its relation to the Board of Directors. The initial chairman of the Advisory Committee shall be nominated by the Board of Directors and subsequent chairmen shall be elected by the members of the Advisory Committee. The Advisory Committee shall have no legal authority to act for the Organization nor are its decisions binding, but it shall report and notify all its recommendations and ideas to the Board of Directors.

The Advisory Committee shall not, however, be instituted before the end of the initial twelve-month start-up period of the Organization.

A Managing Director shall be appointed for the Organization. The Board of Directors determines the duties and powers of the Managing Director.

The Organization, the Registry and the registrars shall operate to the maximum extent feasible in an open and transparent manner consistent with procedures designed to ensure fairness. The initial Board shall commence the development of adequate transparency policies and transparency procedures designed to provide information about, and enhance the ability of interested persons to provide input to, the Organization bodies. The policies may be adopted after a mechanism and procedure for receiving and evaluating initiatives and motions has been established by the Board, and after due consideration of any comments or suggestions received by the Board.

The Organization shall, to maximum extent permitted by the applicable law of Finland, indemnify each of its agents against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any proceeding arising by reason of the fact that any such person is or was an agent of the Organization. An "agent" of the Organization includes any person who is or was a Director, Officer, employee or any other agent of the Organization. The Board may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the Organization against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such.

The General Meeting, the Registry and registrars or any person affected by an action of the Organization may request review or reconsideration of that action by the Board of Directors. The Board shall adopt policies and procedures governing such review or reconsideration. The Board shall initiate consideration of review policies and procedure for impartial review of all suggestions and allegations of any party having violated the Organizations By-laws and adopted policies.

Policy-making authority is sought for questions specifically related to optimized mobile domain name use. The proposed top level domain will be restricted to ensure that all content, services and hosts in the domain are intended for mobile use. The implementation of this restriction will require a certain number of policies that differ from the policies in use in the existing delegated domains. Therefore, the specific competencies and capacities provided by the Organization shall be useful in order to create appropriate policies specifically fitted for mobile use.

At present, the existing domain name system does not support the dynamic nature of the proposed new system. Technical solutions do not yet exist for ensuring always updated routing information and a relevant name base connection for mobile hosts in a domain name system. Therefore, a specific policy is also needed to enable the provision of a specific environment for the development of the domain name system towards better usability for mobile devices.

A new policy is also needed in order to procure operational stability for mobile Internet solutions and to promote free competition in the Mobile Internet.

To ensure that all views are taken into account when the policies are defined for the new TLD, the policies will be created by the Organization. It is difficult to establish to which extent a delegation of policy-formulation authority will actually be needed for ideal implementation of the intended policies. Definition of the scope of authority will only be possible after the policy requirements have been defined in detail. Therefore, the applicant will not introduce a detailed description of the policy-formulation authority needed and leaves the policy making to the authority of the Organization.

However, the intended new policies shall not differ or deviate from the basic principles formulated by ICANN. On the contrary, the new policy shall be complementary to existing rules, and this because of the innovative nature of the mobile Internet services concerned.

Identification of the Registry:

Sonera Oyj

Street address:
Teollisuuskatu 15
Helsinki
FINLAND

Postal address:
P.O. Box 154
FIN-00051 SONERA

Tel. +358 20401
Fax +358 20402032

jukka.leinonen@sonera.com

The estimated date of entry into Contract with the Registry is four months from the receipt of the ICANN's eventual announcement of the applicant being selected as a candidate for further negotiations.

Attachments

By-Laws

Term Sheet