1999-10-18 - Domain Name Supporting Organization

The ICANN Board unanimously approved the following resolutions, which grant final recognition to the DNSO Names Council and constituencies, and set schedules and conditions for full compliance with ICANN's geographic diversity requirements:

WHEREAS in Resolutions 99.31 and 99.34 the Board of Directors granted provisional recognition to the seven initial constituency groups of the Domain Name Supporting Organization and constituted the provisional Names Council,

WHEREAS the seven constituency groups of the DNSO have submitted to the ICANN Board of Directors their proposals for final recognition pursuant to Resolutions 99.32 and 99.33, and

WHEREAS the Board has received requests from the ccTLD Registries Constituency, the Registrars Constituency, and the Intellectual Property Constituency to suspend application of the geographic diversity requirements of Article VI-B, Section 3(c) of the ICANN Bylaws, it is now:

RESOLVED [99-95] that the Business and Commercial Entities Constituency of the DNSO is recognized for all purposes under Article VI-B, Sec. 3(a) of the ICANN Bylaws to operate in accordance with the Charter submitted to the Secretary and ordered attached to these minutes as Exhibit C, provided that the Constituency must clarify or amend the Charter to ensure compliance with the geographic diversity requirements of Art. VI-B, Sec. 3(c) of the ICANN Bylaws, as the Board finds that Art. II, Sec. 2(B)(1)(ii) of the Charter does not currently ensure such compliance.

RESOLVED [99-96] that the ccTLD Registries Constituency of the DNSO is recognized for all purposes under Article VI-B, Sec. 3(a) of the ICANN Bylaws to operate in accordance with the Principles submitted to the Secretary and ordered attached to these minutes as Exhibit D, provided that the Constituency must amend the Principles to ensure that its voting procedures for Names Council representatives comply with the geographic diversity requirements of Art. VI-B, Sec. 3(c) of the ICANN Bylaws, as the Board finds that the Principles do not currently ensure such compliance.

RESOLVED [99-97] that in recognizing the ccTLD Registries Constituency the Board shortens the term on the Names Council of Nigel Roberts to expire January 15, 2000, and consents to suspend the geographic diversity requirement of Article VI-B, Section 3(c)of the ICANN Bylaws as applied to the ccTLD Registries Constituency, for the period of Nigel Roberts' term, subject to the Board promptly receiving a written commitment from the ccTLD Registries Constituency to comply with the geographic diversity requirement as set forth in Art. VI-B, Sec. 3(c) of the ICANN Bylaws from and after that date.

RESOLVED [99-98] that the gTLD Registries Constituency Group of the DNSO is recognized for all purposes under Article VI-B, Sec. 3(a) of the ICANN Bylaws to operate in accordance with the letter submitted to the Secretary and ordered attached to these minutes as Exhibit E, provided that, within 30 days of a request of any other ICANN-recognized gTLD Registry that seeks to join it, the Constituency must submit to the Board for its approval a formal consensus proposal for continued recognition.

RESOLVED [99-99] that the ISPs and Connectivity Providers Constituency ("ISPCP") of the DNSO is recognized for all purposes under Article VI-B, Sec. 3(a) of the ICANN Bylaws to operate in accordance with the Articles submitted to the Secretary and ordered attached to these minutes as Exhibit F, provided that the ISPCP must clarify or amend the Articles to ensure compliance with the geographic diversity requirements of Art. VI-B, Sec. 3(c) of the ICANN Bylaws, as the Board finds that Section 7.1 of the Articles does not currently ensure such compliance.

RESOLVED [99.100] that the Non-Commercial Domain Name Holders Constituency ("NCDNHC") of the DNSO is recognized for all purposes under Article VI-B, Sec. 3(a) of the ICANN Bylaws to operate in accordance with the Initial submitted to the Secretary and ordered attached to these minutes as Exhibit G, provided that the NCDNHC must (i) amend Section II of its Initial Charter to clarify that no member will be excluded from membership solely on the basis of membership in another DNSO constituency group; (ii) amend its Initial Charter to ensure compliance with the geographic diversity requirements of Art. VI-B, Sec. 3(c) of the ICANN Bylaws, a the Board finds that Section IV(B) of the Initial Charter does not ensure such compliance because it measures diversity by residency, not citizenship; and (iii) submit a revised, final Charter for Board approval no later than February 1, 2000.

RESOLVED [99.101] that in recognizing the NCDNHC the Board shortens the term of all three NCDNHC representatives on the NC to expire February 1, 2000.

RESOLVED [99.102] that the Registrars Constituency of the DNSO is recognized for all purposes under Article VI-B, Sec. 3(a) of the ICANN Bylaws to operate in accordance with the Articles submitted to the Secretary and ordered attached to these minutes as Exhibit H.

RESOLVED [99.103] that in recognizing the Registrars Constituency the Board shortens the term on the Names Council of Richard Lindsay to expire January 15, 2000, and consents to suspend the geographic diversity requirement of Article VI-B, Section 3(c) of the ICANN Bylaws as applied to the Registrars Constituency, for the period of Richard Lindsay's term, subject to the Board promptly receiving a written commitment from the Registrars Constituency to comply with the geographic diversity requirement as set forth in Art. VI-B, Sec. 3(c) of the ICANN Bylaws from and after that date.

RESOLVED [99.104] that the Trademark, Intellectual Property, and Anti-Counterfeiting Interests Constituency ("IPC") of the DNSO is recognized for all purposes under Article VI-B, Sec. 3(a) of the ICANN Bylaws to operate in accordance with the London Document By-Laws submitted to the Secretary and ordered attached to these minutes as Exhibit I.

RESOLVED [99.105] that in recognizing the IPC the Board shortens the term on the NC of Jonathan Cohen, Carolyn Chicoine, and Ted Shapiro to expire January 15, 2000, and consents to suspend the geographic diversity requirement of Article VI-B, Section 3(c)of the ICANN Bylaws as applied the IPC, for that term, subject to the Board promptly receiving a written commitment from the IPC to comply with the geographic diversity requirement as set forth in Art. VI-B, Sec. 3(c) of the ICANN Bylaws from and after that date.

RESOLVED [99.106] that the recognition of any Constituency as set forth above is subject to revocation if the Board determines that such constituency is not diligently working to satisfy the conditions and provisos set forth in such recognition; and in any event, those conditions and provisos must be satisfied, and the Secretary of the Corporation so notified, no later than February 1, 2000.

RESOLVED [99.107] that the Names Council is fully recognized and authorized to fulfill all of its duties and exercise all its powers set forth in the ICANN Bylaws, including the duty to select Directors.