2000-07-16 - New Top-Level Domains

Whereas, the Domain Name Supporting Organization (DNSO) has conducted a consensus-development process on the introduction of new TLDs and the issues concerning the protection of famous trademarks in the context of introduction of new TLDs;

Whereas, the Names Council of the DNSO made a set of recommendations to the Board on 18/19 April 2000, including the recommendation that the Board establish a policy for the introduction of new gTLDs in a measured and responsible manner;

Whereas, the Names Council of the DNSO made a second set of recommendations to the Board on 19 May 2000, which concerned Famous Trademarks and the Operation of the DNS;

Whereas, the ICANN staff has posted a document entitled "ICANN Yokohama Meeting Topic: Introduction of New Top-Level Domains" on 13 June 2000 and sought public comment on the web site concerning the Names Council recommendations and related issues;

Whereas, over 1,300 comments were received on the ICANN web site in response to the staff posting;

Whereas, on 15 July 2000 a public forum was held in Yokohama concerning the issues discussed in the staff paper;

Whereas, the Names Council recommendations were transmitted to the Protocol Supporting Organization and the Address Supporting Organization for their comment regarding the implications on activities within their scopes of primary responsibility;

Whereas, no negative comment was received from either Supporting Organization;

Resolved [00.46], that the Board hereby adopts the Names Council's recommendation that a policy be established for the introduction of new TLDs in a measured and responsible manner.

Resolved [00.47], that the President is authorized to implement this policy according to the following schedule, which the President may adjust if necessary to accommodate circumstances that arise:

1 August 2000 - ICANN to issue a formal call for proposals by those seeking to sponsor or operate one or more new TLDs, accompanied by a New TLD Registry Application Form, instructions for filling out the application, and a statement of criteria for the Board's eventual decision.

1 October 2000 - Deadline for ICANN's receipt of applications. Portions of these applications deemed appropriate for publication for purposes of public comment or otherwise will be posted on ICANN's web site.

15 October 2000 - Close of period for public comments on proposals.

20 November 2000 - After approval by the Board, ICANN to announce selections for negotiations toward entry of agreements with registry sponsors and operators.

31 December 2000 - Target date for completion of negotiations.

Resolved [00.48], the President is authorized to establish a non-refundable fee of USD $50,000 for the submission of an application to become a sponsor or operator of a registry, which the Board finds is a reasonable estimate of ICANN's costs likely to be associated with receipt and evaluation of such applications, and follow-up.

Resolved [00.49], in connection with applications, the President should seek information that he determines is appropriate. Without limiting the information that may be sought, the Board commends to the President's consideration the data elements described in section IV of the staff paper, and also notes that the data elements should include:full information about the technical, business, management, and financial capabilities of the proposed operator of the registry;

a detailed description of the policies contemplated to promote orderly registration of names in the initial phases of introduction of the TLD;

full details concerning arrangements proposed to protect users in the event of registry failure; and

measures proposed for minimizing use of the TLD to carry out infringements or other abuses of intellectual property rights.
Resolved [00.50], that the President is authorized to establish guidelines for assessing which proposals to select for negotiations toward entry of agreements with registry sponsors and operators. The Board commends the following topics to the President for inclusion in the guidelines:The need to maintain the Internet's stability, and especially the protection of domain-name holders from the effects of registry or registration-system failure.

The extent to which selection of the proposal would lead to an effective "proof of concept" concerning the introduction of top-level domains in the future, including the diversity the proposal would bring to the program, such as fully open top level domains, restricted and chartered domains with limited scope, noncommercial domains, and personal domains; and a variety of business models and geographic locations.

The enhancement of competition for registration services at the registry and registrar level.

The enhancement of the utility of the DNS.

The evaluation of delegation of policy-formulation functions for special-purpose TLDs to appropriate organizations.

The extent to which the proposal would meet previously unmet types of needs.

The importance of appropriate protections of rights of others, including intellectual property rights, in connection with the operation of the TLD, especially during the start-up phases.
Resolved [00.51], that the President is authorized to seek technical advice from appropriate individuals or organizations to assist the evaluation of proposals.