E1.Please provide a full and detailed description of all the policies to be followed in the TLD (other than those covered in response to items E11-E21). If the TLD’s policy on a particular topic is proposed to be identical to that reflected by a particular version of any of the following documents, it is sufficient for your response to identify the topic, to give a brief summary of the policy, and for the details to reference the document and section:

·        ICANN-NSI Registry Agreement;

·        NSI Registrar License and Agreement;

·        ICANN Registrar Accreditation Agreement; and

·        Uniform Dispute Resolution Policy.

General

Telnic will at all times use its reasonable endeavors to implement and adhere to any and all consensus policies introduced by ICANN, so as to further the development and stability of the Internet and the global Internet community.  

Telnic intends to create a Policy Advisory Board (the “PAB”), which will consist of legal, technical, commercial, business and/or other advisors, to review and propose policy and advise Telnic’s management and, if appropriate, to also advise Telnic’s registrars on matters directly relating to the performance, functionality, management and delegated policy of the .TEL domain name.  The PAB’s functions will include reviewing and making decisions on the following policies:

·        the distribution of SLDs and ccSLDs (and sub-levels) and their restricted and/or unrestricted status;

·        ICANN issues and policies;

·        the issues and policies of other recognized authorities, such as WIPO; and

·        any charitable work undertaken by Telnic through its Foundation.

It is envisaged that the PAB’s policies will (as appropriate) encompass the policies and current thinking of the Internet’s recognised authorities together with the policies developed in-house by the PAB with input from ICANN.  Telnic will adopt a number of policies including, but without limitation, policies relating to data protection, privacy, equal employment opportunities, and the transfer of domain names between registrants and/or registrars.

Should Telnic, however, have a requirement to modify any existing ICANN policies, Telnic intends to consult with ICANN and any other authorities of competent jurisdiction, with respect to such changes to ensure that the Internet community is not adversely affected by their implementation.

In addition to adhering to ICANN’s current policies, where appropriate, Telnic realises that there is likely to be a need to develop, create and introduce new policies regarding the .TEL domain name.  This will be particularly relevant as and when technologies with respect to the Internet and Voice-over-Internet Protocols converge. Telnic will also consult and involve ICANN in the decision making process regarding these new policies. 

Regarding the ICANN/NSI agreements and/or the policy referred to in question E1 (as set out above), Telnic intends to implement agreements and policies which will mirror those listed to a large extent. Telnic sets out its comments in respect of each agreement and the policy in turn below. 

ICANN-NSI [Telnic] Registry Agreement (the “Registry Agreement”)

In respect of the Registry Agreement, Telnic agrees in principle to its terms and conditions. However, this Registry Agreement contains a number of terms specific to the ICANN/NSI relationship. Telnic would be grateful for clarification to the extent, if any, such terms would be applicable to Telnic.

Telnic would like clarification in discussions from ICANN in respect of the following sections:

·        Section 6: NSI Registry-Level Financial Support of ICANN

The extent to which, if any, pre-payments will be required to be paid by Telnic to ICANN.

·        Section 16: Relationship to Cooperative Agreement between NSI and US Government

The applicability of this section in respect of ICANN/Telnic is sought.

·        Section 20: Price for Registry Services

Telnic would like to discuss with ICANN the pricing policy for registrars.

·        Section 22: Designation of Successor Registry

Telnic would like clarification in discussions from ICANN with respect to the applicability of this section.

·        Section 23: Expiration of this Agreement

Telnic would like clarification from ICANN as to the intended duration of the Registry Agreement.

Telnic Registrar License and Agreement

Telnic intends to build a worldwide network of Registrars based on the existing ICANN Accredited Registrars model, who will support the .TEL domain name. This will be via the registry website at www.telnic.org. Telnic further intends to adopt the principles of the NSI Registrar License and Agreement (the “NRLA”) including the Registrar’s Dispute Policy, the Policy on Transfer of Sponsorship of Registrations Between Registrars and the Confidentiality Agreement.  However, Telnic recognizes that certain terms and conditions of the NRLA may not be directly relevant to the Telnic approach and also that the NRLA does not necessarily reflect Telnic’s use of the DNS, which will be designed to meet a diversity of community needs.  Whilst the precise issues have not yet been recognised in their entirety, the following is a list of the terms and conditions of the NRLA which may not be relevant to Telnic’s relationship with its registrars:

·        Section 2.3: New Architectural Features

Whilst this section is specific to NSI, Telnic will endeavor to provide its registrars with all software that will enable the secure and stable access to the system for the registration of second-level domains in the .TEL TLD.  All upgrades of such software will be provided to all registrars following successful testing and evaluation.

·        Section 2.5: Data Submission Requirements

In addition to the requirements as listed under this clause, Telnic will ensure that the registrars obtain the consents of their customers to place their personal data on the Whois Service and in Escrow, in accordance with relevant data privacy legislation. 

·        Section 2.7: Registrar’s Registration Agreement and Domain Name Dispute

Telnic intends to adopt the Uniform Domain Name Dispute Policy and expects its registrars to adopt the same ICANN accredited policy.

·        Section 2.9: Domain Name Lookup Capability

As with the Data Submission Requirements, Telnic will ensure that it is not liable for misuse of an individual’s personal data and will insist that its registrars must obtain the prior consent of all customers in order to place such information on the Whois Service.

·        Section 2.15: Prohibited Domain Name Registrations

Unregisterable domain names will be shown as “unavailable” on Telnic’s Whois Service.  The unregisterability of a domain name will be determined solely and exclusively by Telnic.

·        Section 3.2(iii): Limitations of Use

Telnic will allow its registrars to reverse engineer any of the software provided by Telnic from time to time for the purpose of enabling the registrar to develop compatible and/or interoperable software products.

·        Section 5.1: License Fee

Telnic would like to discuss with ICANN the license fee structure.

·        Section 5.2: Registration Fees

Telnic would also like to discuss with ICANN the registration fee structure. 

·        Other

As mentioned above, all references to the US Department of Commerce and NSI’s Cooperative Agreement with the US Government are unlikely to be applicable.

ICANN Registrar Accreditation Agreement

With respect to the ICANN Registrar Accreditation Agreement, Telnic agrees in principle to its terms and conditions, in particular, with respect to the data protection and privacy policies dealt with in sections E, F and G of the agreement. 

Telnic would like clarification in discussions from ICANN in respect of the following sections:

·        Section 6b: Public Access to Data

Telnic would like to discuss with ICANN the annual fee structure.

·        Section 6f: Public Access to Data

Telnic will not allow individuals the opportunity to elect not to have their “personal data” disclosed.

·        Section O Term of Agreement

Telnic would like clarification in discussions from ICANN as to the intended duration of this agreement and its possible renewal.

·        Other

All references to the US Department of Commerce are unlikely to be relevant.

Uniform Dispute Resolution Policy

Telnic’s dispute resolution policies in respect of the .TEL SLD and other disputes will be governed by the Uniform Domain Name Dispute Policy (the “Policy”) as adopted by ICANN on 24 October 1999.  The Policy will be incorporated by reference into all Registration Agreements.  It is also intended that the Telnic.org website (Telnic’s Registry website) will set out a procedure to explain to registrants in a user-friendly manner how they can initiate proceedings under the Policy.

Telnic does not intend to participate in any dispute between a registrant and a third party, all proceedings will be administered by an approved ICANN dispute resolution provider (the “Provider”).   A list of the approved ICANN Providers will be made available to registrants by way of a hyperlink from the Telnic.org website to the list maintained by ICANN.

In order to facilitate the dispute resolution process, Telnic will work with the Provider by developing an administration process to help ensure the smooth operation of the dispute resolution process.   As an example, Telnic will also allocate each complaint with a number upon receipt, and record the date and time of such receipt.  To assist the Provider, Telnic will confirm that the complainant is the registered domain name holder and that the complainant’s details are correct.  Telnic will also track the status of domain names which are the subject of a dispute and will block any attempt to transfer a domain name which is the subject of a dispute with a third party.

Telnic is not proposing to adopt any additional, alternative or supplemental dispute resolution procedures.

E2. TLD String Proposal

            Telnic is proposing the TLD string of “tel”.      

E3. Naming Conventions

Telnic intends to rollout the .TEL TLD domain name registration program in two phases. During the first phase Telnic will only issue domain name registrations comprising of second level domain names, thereby excluding ccSLDs. Country code second level domain names will only be issued during the second phase of the rollout.

Prior to issuing “.TEL” domain names, Telnic intends to “quarantine” (please refer to section E10 below) a number of generic words, phrases, characters and/or digits to its master “.TEL” domain name database as second level .TEL domain names and third level (below country code SLDs). With the few exceptions set out later, these will, however, be issued by Telnic as domain names at a later date. The purpose for withholding such second level and third level domain names is to prevent potential registrants from registering domain names such as “edu.tel”, thereby preventing other prospective registrants from entering that domain name space.

In addition, Telnic will also include in its master “.TEL” database words and phrases which it, in its sole and exclusive discretion, considers to be “abusive, obscene and/or offensive”, thereby preventing prospective registrants from registering domain name which comprise of such abusive, obscene and/or offensive words and/or phrases as these will come up in the database as being “unavailable”.

Similarly, Telnic intends to reserve strings of four or less characters to protect future SLD or ccSLD paths and to ensure that proper consultation with ICANN can take place prior to Telnic’s issuance of such new domain names.

Finally, it is anticipated that long-form country names and certain geographic names, including names of cities will be reserved, as this will create future growth paths for country sub-level domain names. However, the reservation of such country, city and geographic names will be subject to ICANN’s approval.

E4.            Registrars

Telnic is committed to the creation of a balanced, robust, international and equitable administration of the .TEL namespace (which will be dedicated to voice-video-data) within the Internet DNS.  An ICANN accredited Registrars’ system will be essential to providing a stable and robust .TEL domain name registration system.

Within the phased rollout Telnic will seek to put in place a network of registrars, which will include a “lead registrar” for each ccSLD, around the world. Each chosen lead registrar will be responsible for ensuring the implementation of the new .TEL TLD policies in its particular territory. In addition, Telnic will implement contractual provisions which will govern its relationship with the various registrars to ensure conformity amongst all registrars in respect of the issuance of .TEL domain names around the world.

Whilst Telnic is the Sponsoring Organization for the determination and implementation of the .TEL TLD policy, only one registrar will oversee the resolution of competing applications made during the pre-registration (please refer to section E5 below.) for SLDs in its territory.

E5            Intellectual Property

E5.1     What measures will be taken to discourage registration of domain names that infringe intellectual property rights?

Proposal

1.         Telnic is considering the provision of an information service to prospective registrants on its www.telnic.org website which will set out ways in which registrants can avoid infringing intellectual property rights belonging to another when registering and using a .TEL domain name. The information to be provided by Telnic will briefly describe trademarks, passing off and cybersquatting and the remedies which may be sought by the third party in each case. 

Telnic is also considering providing the registrants with directional guidance to check whether the proposed domain name, which they wish to register, might infringe someone else’s intellectual property rights before the registrant applies for the registration of the domain name. As a part of this pro-active policy, Telnic is likely to provide:

a)         on its www.telnic.org website one or more hyperlinks to sites which will allow the registrant to carry out some initial trademark searches (for example, hyperlinks to the UK Patent and Trade Mark Office, the US Patent and Trademark Office, the OHIM (organization in charge of registering Community Trade Marks) and the Japanese Trade Mark Office). In addition it is likely that Telnic will also provide hyperlinks to websites which will allow the registrant to carry out additional checks of registered domain names and company names in the United Kingdom and the United States of America. Access to websites which will provide the registrant with valuable information relating to the protection of intellectual property rights on the Internet (for example, the World Intellectual Property Organisation (“WIPO”) websites) will also be provided; or

b)         alternatively, Telnic may let the registrant know on its website which organizations and/or website addresses the registrant could access to either carry out the trademark searches or inform the registrant on how the registrant should proceed in order to ensure that the domain name that the registrant wishes to register does not infringe third party intellectual property rights.

Furthermore, Telnic will always advise registrants not to register a domain name if the registrant becomes aware that a registered trademark is either identical and/or confusingly similar to the proposed domain name. In addition, Telnic will advise registrants to seek professional advice and assistance before registering their domain name.

In respect of the above, Telnic is aware that it will not be able to provide the registrant with an exhaustive list of the relevant organisations and/or websites and that it cannot compel the registrant to carry out such checks. Nevertheless, Telnic believes that by providing links and/or information in respect of say, the four main trademark registries around the world (as listed above) together with WIPO, the registrant should be better informed to determine whether or not his/her domain name is protected by third party trademark rights.

2.         Telnic envisages that its standard Registration Agreement (an example of which can be seen on the www.telnic.com website) will include the following provision:

“In making an application, the registrant represents and warrants to Telnic that the registrant has the right to use that part of the domain name to which the application relates and that if the registrant is to use such domain name such use will not infringe the rights of any third party, wheresoever situated.  Acceptance of a domain name by Telnic shall not be construed as Telnic approving or agreeing that the registrant has any right to register and/or use that name.”

3.         Telnic will also adopt by way of reference in its Registration Agreements, the Uniform Domain Name Dispute Policy (the “Policy”) as adopted by ICANN on 24 October 1999. The Policy sets out the process to manage disputes between domain name holders and trademark owners. Under the Policy, Telnic will have the right to cancel, assign and/or otherwise transfer domain names if the ICANN dispute resolution provider (Please refer to section E6.1 below.) finds that the domain name infringes a third party’s trademark.

Technical Solution

The way in which Telnic envisages delivering part one of the proposal above is by way of technical solutions.  Telnic will design and/or develop its website in such a way whereby the registrant is provided with information and/or links to carry out pre-registration checks if the registrant wishes to do so.

This will be achieved by incorporating into Telnic’s website a way that the registrant will be able to access a website which contains the following information:

1.         a brief explanation of trademarks, passing off and cybersquatting and the consequences that may arise if a person should be found to have done one of these acts;

2.         either hyperlinks (as mentioned above) to or contact details of the organizations which would be able to assist the registrant in ensuring that the proposed domain name does not infringe any third party intellectual property rights; and

3.         a statement advising the registrant to seek independent professional assistance.

By using the Telnic’s website in this way, Telnic places the onus on the registrant to take the necessary measures to ensure that the proposed domain name will not infringe any third party intellectual property rights. This technical solution falls in line with the accepted policy that the Registry will not be responsible for policing trademark violations when registering domain names for registrants. 

Conclusion

Telnic has considered whether the technical solution will be practicable and effective if launched by Telnic. Although, the above-mentioned solution goes some way in trying to minimise infringements of third party intellectual property rights, Telnic is conscious of its potential “downsides” and these are briefly summarized below as follows:

1.         even if Telnic provides the registrants with information relating to trademarks, passing off and cybersquatting and gives registrants a chance to establish whether or not their proposed domain name will infringe third party intellectual property rights, Telnic cannot guarantee that the registrant will actually read and/or understand the information provided by Telnic and/or  carry out the necessary searches; and

2.         with respect to providing the registrant with either hyperlinks and/or information relating to informative sites, Telnic is unlikely to be in a position where it can say that the registrant has access to all the relevant sites and/or is provided with the information relating to all necessary and useful websites, for the following reasons:

a) many of the Trade Mark Registries around the world will not allow or facilitate the carrying out of on-line trademark searches; and

b) if an exhaustive list of hyperlinks and information were to be provided in their entirety, then the registrant would be overwhelmed by the links and information provided.

Nevertheless, Telnic believes that the proposal and the technical solution suggested above will go a fair way towards discouraging registrants from registering domain names which are likely to infringe third party intellectual property rights. Telnic also believes that the proposal and/or solution is equitable in that it provides the registrant with suggestions on how the registrant can ensure that the domain name which the registrant applies for does not infringe any third party intellectual property right(s) but at the same time preserves Telnic’s position in that Telnic will not take any responsibility for policing trade mark violations.

E5.2     If you are proposing pre-screening for potentially infringing registrations, how will the pre-screening be performed?

Pre-launch Period

Background

When ICANN announced that it was considering introducing new TLDs, trademark owners expressed their concern that the issuance of new TLDs will increase the amount of potential trademark infringement, passing off and cybersquatting cases to such an extent that it would be virtually impossible for trademark owners to police the Internet effectively for trademark violations.

Consequently, ICANN created a “Working Group B” in July 1999 whose responsibility was to discuss and consider ways in which this problem could be dealt with. It was suggested by a number of corporations that a “Famous Trade-Marks List” be created and that any domain name application comprising in part or in whole of any trademark on that list, would be refused registration.

After long discussions, it was agreed that a Famous Trade-Marks List was not the most effective solution, for the following reasons:

1.         it would expand the existing rights of famous trademark holders;

2.         it would block others from using domain names comprising of famous trademarks in non-commercial and generic ways;

3.         the number of so-called famous trademarks could potentially grow into millions;

4.         it would be extremely difficult to decide the criteria that should be considered to decide whether a trademark should be added to the Famous Trade-Marks List; and

5.         who would be responsible for creating the Famous Trade-Marks List.

Therefore, in lieu of creating a Famous Trade-Marks List, the “Sunrise Proposal plus Twenty” was tabled. Under this proposal, it was suggested that famous trademark owners should get a chance to pre-register domain names comprising of their trademarks (plus twenty variations thereof) before the new TLD is opened to the general public.

Telnic’s solution

Telnic will put forward for debate an approach whereby it will allow registered trademark or service mark owners (of either famous or non-famous marks) to pre-register their second level .TEL domain names during a “Pre-Launch Period”.  The Pre-Launch Period is currently scheduled to last for 2 months. The registration of .TEL domain name during the Pre-Launch Period will be undertaken by Telnic.com (i.e. which Telnic envisages as to be an ICANN accredited registrar) which is a distinctly separate entity to Telnic.org (i.e. the .TEL sponsoring organization domain name registry).

Notification

Prior to the Pre-Launch Period, Telnic will use its reasonable endeavors to inform as many Trade Marks Registries and Trade Mark Agents around the world that the pre-registration period will begin on, say, 1 January 2000 for a period of 2 months, during which time all registered trademark and service mark owners will have a right to pre-register their second level .TEL domain names.

E6.            DISPUTE RESOLUTION

Describe the policies for domain name and other dispute resolution.  If you are proposing variations to the policies followed in .com, .net, and .org, consider the following questions:

E6.1     To what extent are you proposing to implement the Uniform Dispute Resolution Policy?

The dispute resolution policies in respect of the .TEL SLD and other disputes will be governed by the Uniform Domain Name Dispute Policy (the “Policy”) as adopted by ICANN on 24 October 1999.  The Policy will be incorporated by reference into all Registration Agreements.  It is also intended that the Telnic’s website will set out a procedure to explain to registrants in a user-friendly manner how they can initiate proceedings under the Policy.

Telnic does not intend to participate in any dispute between a registrant and a third party, all proceedings will be administered by an approved ICANN dispute resolution provider (the “Provider”).   A list of the approved ICANN Providers will be made available to registrants by way of a hyperlink from Telnic’s website to the list maintained by ICANN.

In order to facilitate the dispute resolution process, Telnic will work with the Provider by developing an administration process to help ensure the smooth operation of the dispute resolution process.   As an example, Telnic will also allocate each complaint with a number upon receipt, and record the date and time of such receipt.  To assist the Provider, Telnic will confirm that the complainant is the registered domain name holder and that the complainant’s details are correct.  Telnic will also track the status of domain names which are the subject of a dispute and will block any attempt to transfer a domain name which is the subject of a dispute with a third party.

 E6.2    Please describe any additional, alternative, or supplemental dispute resolution procedures you are proposing.

Telnic is not proposing to adopt any additional, alternative or supplemental dispute resolution procedures.

E.7 Describe the proposed policies on Data Privacy, Escro and Whois Service

Policies in relation to Data Privacy, Escrow and Whois Service will be consistent both with existing policies in the .com, .net and .org TLDs and any and all relevant UK legislation.  As a result of European wide data protection regulations, Telnic has built into its privacy and personal data policies, the regulations introduced under the Data Protection Act 1998 (the “DPA”).  Personal data is data in which a living individual may be identified and as every SLD registration will involve the processing of personal data, Telnic is committed to observe all such legislation and future amendments or regulations. 

In order to maintain a free flow of information without breaching local legislation Telnic will obtain the consent of the registrants to process their information.  In order to address possible concerns about the processing of personal data, Telnic will explain in its Data Privacy Policy how such data will be used and why it is necessary.  Telnic will therefore ensure as far as is reasonable, that the active and informed consent of the registrants is obtained prior to registration of a domain name.  Telnic is committed both to abide by all relevant data protection and data privacy rules in the UK AND to the open and transparent movement of information over the Internet.

Telnic’s statement on privacy will feature both in the registration process and in reference to the terms and conditions.  It will feature as a link in the registration process where registrants will be asked to read the terms and conditions and the privacy policy and be asked to accept the terms or acknowledge consent both prior to registration and immediately before submission of billing information by clicking on an acceptance icon prior to the continuation of the transaction.

As Telnic will also be receiving personal data from its registrars, Telnic will ensure that the registrars abide by the same standards of data privacy and protection.  Telnic will ensure that the registrars have received the consent from their customers that enable Telnic to process such information on its Whois and Escrow services.

Telnic shall take reasonable steps to protect personal data from loss, misuse, unauthorized disclosure, alteration or destruction.  Telnic shall not use or authorize the use of personal data in a way that is incompatible with the notice provided to registrants.  In accordance with the DPA, all such information in relation to an individual’s personal data may be made available to the individual upon a written request.

Data Privacy Policy

1.      Telnic respects the privacy of all its customers and undertakes to comply with all applicable data privacy legislation in force from time to time.  Telnic complies with and is registered under the Data Protection Act 1998 and shall only process personal data in accordance with the rights of data subjects under the Act.  Telnic shall take all reasonable care to prevent any unauthorized access to your personal data.

2.      The information you provide when registering a domain name (or correcting or updating registration information) is required to allow the Internet to associate the domain name with your computer, to allow us to handle your account (including notifying you at renewal time), and to permit others operating or using the Internet to easily contact you to resolve issues that arise in connection with the domain name.

3.      By registering on this website and by disclosing your personal information to us, you consent to the collection, storage and processing of your personal information by Telnic in the manner set out in this Data Privacy Policy.

4.      When you register for a domain name with Telnic, you consent to your account, technical and billing information (including address, telephone and fax number and e-mail address) being published on the Whois database and web page.  The Whois database is a publicly accessible query based database of registered .TEL SLDs to enable visitors to check whether a name has been registered and by whom.  Such personal data may be available, subject to queries on the Whois web page, to individuals and organizations outside of the European Union.  By registration you consent further that your personal data may be transferred to/obtained by individuals or corporations outside of the European Economic Area, which do not have the same levels of data protection as the United Kingdom.

5.      When you register for a domain name with Telnic, you consent to your account, technical and billing information (including address, telephone and fax number and e-mail address) being stored under a data Escrow program. All personal data will be kept in Escrow so that in the event of any technical failure or loss of license to run the .TEL domain name there is a means to assure you of durable connectivity and a consistent service.

6.      Telnic will provide information you submit in registering a domain name or updating related information to our own employees and consultants, to the administrator of the registry for the .TEL to operators and users of the Internet making Whois queries concerning your domain-name registration, to ICANN, and to escrow agents, auditors, Whois service providers and replacement registrars that ICANN may designate.

7.      Telnic shall take reasonable steps to protect Personal Data from loss, misuse, unauthorized disclosure, alteration or destruction.  Telnic shall not use or authorize the use of Personal Data in a way that is incompatible with the notice provided to registrars.

8.      Telnic will not sell, rent, trade or give away any of its customers’ personal information (other than as stated above) to third parties for marketing purposes without their express consent.

9.      Telnic will use all reasonable endeavors to ensure that your personal data will not be kept, either by Telnic or in Escrow, for longer than is necessary for the purposes of maintaining the domain name.  In any event Personal Data will be kept for the duration of the agreement and for 3 years thereafter.  In the event that the domain name is surrendered or transferred to a third party, personal data relating to that domain name will not be kept for longer than is reasonable. 

10.  You represent and warrant that all information given is accurate and true.  You further maintain that you will inform Telnic of any changes that relate to the personal data which Telnic requires for the Whois.  Telnic will use all reasonable endeavors to ensure that the Personal Data it maintains will be accurate.

11.  Third party Internet sites that you can link to through any Telnic websites are not covered by our Privacy and security Policy, so we urge you to be careful when you enter any personal information online.  Telnic accepts no responsibility or liability for these sites.

12.  When you register details with Telnic, we use a secure server.  Any data you give us is encrypted using a ‘Secure Socket Layer’ (SSL) session.  SSL is an industry standard and is one of the best ways to ensure Internet messages are not intercepted.

Escrow Data

In order to maintain the stability of the Internet, Telnic will ensure that all information received through registrants and registrars will be kept in Escrow.  Telnic’s policy with respect to placing personal data in Escrow will mirror the approach adopted by NSI and ICANN in their Registry Agreement.  However, the US Department of Commerce will not be a party to this Agreement.  The Escrow Policy will be covered in the Telnic ICANN Registry Agreement and references to the placing of Personal Data into Escrow will be made in the Terms and Conditions and Data Privacy Policy in accordance with UK legislation.

In accordance with the data protection legislation in the United Kingdom, consent must be obtained from the data subject relating to their personal data being kept in Escrow and must not be held for an unnecessary length of time.  As a result, the Data Privacy Policy and Terms and Conditions state that the personal information received by Telnic will further be forwarded into Escrow. 

Clause to be inserted into the Registry Agreement

“Telnic shall deposit into escrow all registry data on a schedule (not more frequently than weekly for a complete set of Registry Data, and daily for incremental updates) and in an electronic format mutually approved from time to time by Telnic and ICANN, such approval not to be unreasonably withheld by either party.  The escrow shall be maintained, at Telnic’s expense, by a reputable escrow agent mutually approved by Telnic and ICANN, such approval not to be unreasonably withheld by either party.  The escrow shall be held under an agreement between ICANN and Telnic, and the escrow agent providing that (A) the data shall be received and held in escrow, with no use other than verification that the deposited data is complete and in proper format, until released to ICANN; (B) the data shall be released to ICANN upon termination of this Agreement by ICANN under Section [x] or upon the Expiration Date if (1) this Agreement has not sooner been terminated and (2) it has been finally determined by the ICANN Board (and no injunction obtained pursuant to Section [y] has been obtained) that Telnic will not be designated as the successor registry under Section [z] of this Agreement.”

Whois Service

Telnic will maintain a free, open and transparent query based database of registered .TEL domain names to enable registrants to see who has registered a .TEL domain name.  Telnic will obtain the prior consents of the registrant in order to publish this information in accordance will relevant UK legislation. 

Clause to be inserted into the Registry Agreement

“Telnic shall provide an interactive web page and a [port 43 Whois service] providing free public query-based access to up-to-date (i.e. updated at least daily) registry database data which, in response to input of an SLD name, shall report at least the following data elements in response to queries:

1.      the SLD name registered;

2.      the TLD in which the SLD is registered;

3.      the IP address and corresponding names of the primary name server and secondary name server(s) for such SLD;

4.      the identity of the Sponsoring Registrar;

5.      the date of the most recent modification to the domain name record in the registry database;

6.      the original creation date of the registration;

7.      the expiration of the registration;

8.      the name and postal address of the SLD holder;

9.      the name, postal address, e-mail address, telephone number and (where available) the fax number of the technical contact for the SLD; and

10.  the name, postal address, e-mail address, telephone number and (where available) the fax number of the administrative contact for the SLD.”

The structure of the sponsoring organization of Telnic (set out in E1 above and depicted at www.telnic.org) will be subject to ICANN approval of all steps to be taken in order to ensure full and open compliance with all delegated policy of the functions attached to the registrar of www.telnic.com.

The sponsoring organization will receive from registrars the sum of US $[x] per domain per annum and may, dependent on discussions with ICANN, request a sign-up fee of US $[y] per registrar together with an annual fee of US $[z]. These figures will need to be considered and negotiated with ICANN.

The registrar will fulfill a vital function in the pre-registration period and will receive US $200 for the first application to be made in respect of any domain name and US $50 for any subsequent application for that domain name. It is hoped that personal domains will, subject to approval and any relevant local legislation, become widely available eventually at costs of less than US $10 through Telnic’s role in serving the individual members of the global Internet community. Hence its primary role thereafter is expected to be in the rollout of personal telnames at very low cost to individuals and probably at costs which may make it uninteresting for commercial registrars to offer, although every effort would be made to encourage them to do so.

E9.1     *Pre-Registration Fee

This information is considered commercially sensitive and we request that the information in this section should be kept confidential.

Pre-registration of qualifying trademarks (Please refer to section E5.2 above) will entail a significant amount of verification that will be costly. The benefits and safeguards of pre-registration are compelling, if only in the context of prevention is better (and less costly) than cure. The charge for this activity is a set, and one-off payment of US$200.

This fee will cover all aspects of processing pre-registrations in their entirety. But it will exclude any rare protracted dispute costs that may occur, which will be borne primarily by a complainant.

* The Pre-Registration service is dependent on verification and clearance from ICANN and/or other involved authorities.

E9.2     Main Fee Structure

This information is considered commercially sensitive and we request that the information in this section should be kept confidential.

The main fee structure will derive revenue from sponsoring organization fees of between US $10 and US $5 (volume dependent) chargeable to registrars covers both:

(a)    Registration of a second-level domain name in .TEL, and

(b)   Maintenance of a second-level domain name in. TEL. 

E9.3     Transfer of Domain Fee

On submission of the correct information on the valid Telnic Domain Name Transfer Form, a single fee will apply to each actionable transfer. This fee will be set at US $5 per submission.

E9.4       Modification of Record Fee

On submission of the correct information on the valid Telnic Modification of Record Form, a single fee will apply to each actionable modification. This fee will be set at US $5 per submission.

E9.5       Subsidized .TEL domain names

Telnic intends to consider and implement a series of policy decisions that will help and assist organizations such as charities and other good causes. This will probably include fee reductions or similar formulae. These issues are to be fully dealt with by the Telnic PAB. It also intends to discuss with ICANN a proposal to introduce a very low cost domain dedicated for the use of private individuals in the form person.pp.tel and at the third level behind ccSLDs.

E9.6  Fee structures for Dispute Procedures

Due to the time-consuming and often delicate nature of handling dispute procedures, and the need to ensure that the Disputes Procedures are not abused, and entered into in a responsible manner, a single fee will be set. This will be discussed with ICANN in order to ensure that this fee is kept as low as possible commensurate with the responsibilities and terms of the delegated authority.

Services and Pricing: other policy factors and declarations

·        All the above fees exclude purchase taxes or other similar taxes that may apply.

·        The Telnic PAB will advise on all Pricing Policy concerning registrar commitment levels, including pricing structures that will apply in the ‘Phase 2’ of the Telnic implementation program and rollout. This will include domains issued by ccSLD lead registrars. Pricing Policy revues will be held on at least a 12 monthly cycle.

·        As stated, certain blocks of .TEL domain names will be quarantined for reasons of deferred policy decisions, or as protection because they may be generic and clash with the pre-registration program. Telnic may decide to initiate a selective and premium Pricing Policy regarding quarantined domain names. This will be decided down-stream. Other options are set out inn E10.

·        Other relating financial aspects (e.g. spreadsheets and projections).

·        Pricing Policy and duration of fees may be affected by any ICANN parameters covering negotiated terms and/or licenses.

·        Fast-track services positioned at premium rates may be implemented at some future point.

All registry services, unless defined otherwise, will be supplied as integral to the respective and stated fee(s).

E.10  OTHER

Telnic Policy Advisory Board

1.            Purpose

Telnic intends to create a Policy Advisory Board (the “PAB”) to review policy and advise Telnic’s management and, if appropriate, to also advise Telnic’s registrars on matters directly relating to the performance, function and management of .TEL domain names.  The PAB’s functions will include reviewing and making decisions on the following policies:

·        the distribution of SLDs and ccSLDs (and sub-levels) and their restricted and/or unrestricted status;

·        identifying categories of restricted terms as outlined in E3 above;

·        ICANN issues and policy;

·        the issues and policies of other recognised authorities, for example, WIPO; and

·        any charitable work undertaken by Telnic through its Foundation.

It is envisaged that the PAB’s policies will (as appropriate) encompass the policies and current thinking of the Internet’s recognised authorities together with the policies developed in-house by the PAB.

2.            Composition

The PAB will be composed of a Chairman and not less than 3 and no more than 10 members.  It is hoped that ICANN will be represented on the PAB, which will meet in full four times a year and will hold regular smaller meetings to study particular issues. 

3.            Standards

The members of the PAB will have collective responsibility for the operation of the PAB and they will:

·        engage in collective consideration of the issues that may arise in respect of the performance, function and management of the .TEL SLDs, taking into account the full range of relevant factors, including any guidance issued by the ICANN or such other relevant recognised authorities;

·        respond appropriately to any complaints received; and

·        ensure that the PAB does not exceed its powers or functions.

4.            Consultation

The PAB intends to hold twice-yearly public consultations at which interested parties can voice any concerns and give help on any topics causing difficulties.  The PAB may consider that the use of an open forum (such as posting information on its website) for public consultation is important to ensure its openness and transparency.  The voice of interested parties is important to Telnic in respect of the development of .TEL and the stability of the domain name system.

Any documents referred to above have been attached (in the same sequence below) hereto and include: