2010-12-10 - New gTLDs Resolving Remaining Issues

New gTLDs: Resolving Remaining Issues

Whereas, the GNSO Council approved and the Board adopted GNSO policy recommendations for the introduction of new gTLDs <http://gnso.icann.org/issues/new-gtlds/pdp-dec05-fr-parta-08aug07.htm#Toc43798015>.

Whereas, staff has made implementation details publicly available in the form of draft Applicant Guidebooks that have undergone continued substantial revisions based on stakeholder input (the most recent version was posted for comment on 12 November 2010).

Whereas, public comment identified four "overarching issues" to be addressed as a threshold for moving forward with the introduction of new gTLDs.

Whereas, the overarching issue of trademark protection has been addressed by measures including the establishment of a Trademark Clearinghouse, a Uniform Rapid Suspension system, and a Post-Delegation Dispute Resolution Procedure.

Whereas, the overarching issue of mitigating malicious conduct has been addressed by including refinement of proposals such as centralized zone file access to reduce potential for proliferation of malicious conduct in the new gTLD space.

Whereas, the overarching issue of root-zone scaling has been addressed through expert consultation and study on the impact of new gTLDs on the stability of the root, indicating that rate-limited addition of TLDs can be implemented without any expected impact on the stability of the root zone system, and that communications and monitoring mechanisms will be implemented: <http://www.icann.org/en/topics/new-gtlds/summary-of-impact-root-zone-scaling-06oct10-en.pdf> [PDF, 958 KB], <http://www.icann.org/en/topics/new-gtlds/delegation-rate-scenarios-new-gtlds-06oct10-en.pdf> [PDF, 1.08 MB] , and <http://www.icann.org/en/announcements/announcement-17sep09-en.htm>.

Whereas, the overarching issue of the call for economic analysis, has been addressed by comprehensive expert consultation and analyses, including reports by CRA International, Dennis Carlton, Michael Katz and Greg Rosston. The latest of these reports, "New gTLD Economic Study Phase II", was posted on the ICANN website on 3 December 2010 <http://www.icann.org/en/announcements/announcement-03dec10-en.htm>.

Whereas, ICANN considers that the solutions developed to address the overarching issues of trademark protection, mitigating malicious conduct, and root-zone scaling substantially reflect the negotiated position of the ICANN community, but ICANN will take into account public comment including the advice of the GAC.

Whereas, with respect to the call for economic analysis, ICANN is in the process of receiving and reviewing public comment, and the Board will take into account that public comment including the advice of the GAC.

Whereas, community discussions on the draft Applicant Guidebooks have successfully addressed numerous issues, but some implementation issues remain.

Whereas, the issue of geographic names has been the subject of substantial consultation with the Governmental Advisory Committee, resulting in substantial change and areas of agreement and compromise. While these changes have been incorporated into the guidebook, discussions are continuing on this subject. ICANN considers the proposed treatment of geographic substantially reflects the views of the ICANN community, but ICANN will take into account public comment including the advice of the GAC.

Whereas, the working group formed to address implementation of the GNSO-recommended policy concerning morality and public order objections made recommendations (the Recommendation 6 Community Working Group), several of which were incorporated into the guidebook, and the working group has clarified the remaining recommendations in a series of consultations with ICANN staff and Board members. Discussions will continue on (1) the roles of the Board, GAC, and ALAC in the objection process, (2) the incitement to discrimination criterion, and (3) fees for GAC and ALAC-instigated objections. ICANN will take into account public comment including the advice of the GAC, and looks forward to receiving further input from the working group in an attempt to close this issue.

Whereas, the public comment period on the English version of the Proposed Final Applicant Guidebook concluded just prior to this Board Meeting on 10 December 2010, with the closure of other comments on translated versions to follow in the order posted, and ICANN will carefully consider all of the comments received.

Whereas, the Board participated in discussions and listened to comment from stakeholders during the meeting in Cartagena.

Whereas, the Governmental Advisory Committee communiqué from Cartagena indicates that the GAC will provide a list of issues that the GAC believes are still outstanding and require additional discussion between the Board and the GAC.

Resolved (2010.12.10.21), the Board:

1. Appreciates the GAC's acceptance of the Board's invitation for an inter-sessional meeting to address the GAC's outstanding concerns with the new gTLD process. The Board anticipates this meeting occurring in February 2011, and looks forward to planning for this meeting in consultation and cooperation with the GAC, and to hearing the GAC's specific views on each remaining issue.
2. Directs staff to make revisions to the guidebook as appropriate based on the comments received during the public comment period on the Proposed Final Applicant Guidebook and comments on the New gTLD Economic Study Phase II Report.
3. Invites the Recommendation 6 Community Working Group to provide final written proposals on the issues identified above by 7 January 2011, and directs staff to provide briefing materials to enable the Board to make a decision in relation to the working group's recommendations.
4. Notes the continuing work being done by the Joint Applicant Support Working Group, and reiterates the Board's 28 October 2010 resolutions of thanks and encouragement.
5. Directs staff to synthesize the results of these consultations and comments, and to prepare revisions to the guidebook to enable the Board to make a decision on the launch of the new gTLD program as soon as possible.
6. Commits to provide a thorough and reasoned explanation of ICANN decisions, the rationale thereof and the sources of data and information on which ICANN relied, including providing a rationale regarding the Board's decisions in relation to economic analysis.
7. Thanks the ICANN community for the tremendous patience, dedication, and commitment to resolving these difficult and complex iss