New TLD Application Instructions 15 August 2000 (revised 1 September 2000)

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New TLD Application Instructions

I1. On 16 July 2000, ICANN's Board of Directors adopted a policy for introduction of new Internet top-level domains (TLDs) in a measured and responsible manner. The policy calls for submission of proposals to sponsor or operate new TLDs by interested persons and organizations. After public comment, these proposals will be evaluated and a limited number of proposals will be selected for negotiations toward agreements between ICANN and the TLD sponsors and operators. The current goal is to complete negotiations by 31 December 2000.

I. WHAT TO DO IN CONSIDERING WHETHER TO APPLY

I2. The requirements for sponsoring or operating a new TLD are very stringent. Only a limited number of TLDs will be established in this round of applications, and it is likely that only applications with very high qualifications will be accepted. The non-refundable fee for having an application even considered is US$50,000, and your own cost of formulating a proposal and preparing an adequate application will likely be much more that. There is no guarantee that any application will be selected for negotiations, or that if your application is selected you and ICANN can reach agreement on terms of agreements leading to establishment of a TLD.

I3. Before deciding whether to apply, we strongly recommend that you do all of the following:

I3.1. Read these instructions completely and be sure you thoroughly understand them.

I3.2. Carefully read the New TLD Application Process Overview document that is posted at <http://www.icann.org/tlds/application-process-03aug00.htm>. That document provides a general overview of the process that will be used to select applications for negotiations toward a suitable agreement.

I3.3. Familiarize yourself with the Criteria for Assessing TLD Proposals document that is posted at <http://www.icann.org/tlds/tld-criteria-15aug00.htm>. This document summarizes some of the factors the ICANN staff intends to consider in evaluating applications and associated information and for making recommendations to the Board.

I3.4. Secure the professional assistance of experts (technical, financial, legal, management etc.) to help you evaluate the chances that your application will be successful. If you decide to go forward with the application process, the help of these experts will be vital in formulating the proposal and preparing the application.

I3.5. Review all of the application materials thoroughly to ascertain what information you will need to assemble and what agreements you must make. These application materials are linked from section II below.

I3.6. Read the answers to Frequently Asked Questions that are posted at <http://www.icann.org/tlds/tld-faqs.htm>.

II. WHAT THE APPLICATION MUST INCLUDE

I4. To apply, you must send a complete application to ICANN so that it arrives between 5 September and 2 October 2000. If the complete application arrives at ICANN during this period, the date on which you submit your application will not affect the selection process.

I5. The elements required in the application depend on the type of TLD: sponsored or unsponsored. The New TLD Application Process Overview document discusses the differences between sponsored and unsponsored TLDs. In general, those wanting to operate unrestricted TLDs will usually want to propose an unsponsored TLD, while restricted TLDs ordinarily should be proposed as sponsored TLDs.

I6. Applications for unsponsored TLDs. For an unsponsored TLD, a complete application consists of all of the following elements:

• I6.1. A completed and signed Unsponsored TLD Application Transmittal Form.
• I6.2. A separately bound and clearly labeled Registry Operator's Proposal, with completed and signed cover sheet, attachments, accompanying materials. The Registry Operator's Proposal is to be prepared by the registry operator.
• I6.3. A completed and signed Description of TLD Policies, with a completed and signed cover sheet, attachments and accompanying materials. The Description of TLD Policies for an unsponsored TLD should be prepared by the registry operator.
• I6.4. A completed and signed Statement of Requested Confidential Treatment of Materials Submitted, with any attachments.
• I6.5. A completed and signed Registry Operator's Fitness Disclosure, with any attachments.

I7. All five of the above elements must be provided in hard copy. Items I6.1, I6.2, and I6.3 must also be provided in electronic form on one or more 3 ½" floppy diskettes (IBM high density) or on a CD-ROM in a common word-processing format and in HTML format.

I8. In addition, for your application for an unsponsored TLD to be treated as complete, you must pay the US$50,000 application in full. Your application will only be considered upon full payment of this non-refundable application fee. We prefer you make the payment by check, but as an alternative you may make the payment by wire transfer.

I8.1. If you choose to pay by check, with your application you must send a check, drawn on a United States bank and payable to the Internet Corporation for Assigned Names and Numbers (ICANN), in the amount of 50,000 United States dollars.

I8.2. If you choose to pay by wire transfer, you must arrange for the wire transfer to be sent to ICANN at the following account:

Internet Corporation for Assigned Names and Numbers
Account number 09141-04900
Routing indicator 121000358
Bank of America Branch 0914
4754 Admiralty Way
Marina del Rey, CA 90292 USA
Telephone +1/310/247-2080

Wire transfers must be received at least five business days before we receive your application and you must include a wire transfer receipt or other document identifying the wire transfer with your application.

I9. Applications for sponsored TLDs. For a sponsored TLD, a complete application consists of all of the following elements:

• I9.1. A completed and signed Sponsored TLD Application Transmittal Form.
• I9.2. A separately bound and clearly labeled Sponsoring Organization's Proposal, with completed and signed cover sheet, attachments, accompanying materials. This must be prepared by the sponsoring organization or, if the sponsoring organization has not yet been formed, by the organization(s) or person(s) proposing to form the sponsoring organization.
• I9.3. A separately bound and clearly labeled Registry Operator's Proposal, with completed and signed cover sheet, attachments, accompanying materials. The Registry Operator's Proposal is to be prepared by the registry operator.
• I9.4. A completed and signed Description of TLD Policies, with a completed and signed cover sheet, attachments and accompanying materials. The Description of TLD Policies for a sponsored TLD should be prepared by the sponsoring organization or, if the sponsoring organization has not yet been formed, by the organization(s) or person(s) proposing to form the sponsoring organization.
• I9.5. A completed and signed Statement of Requested Confidential Treatment of Materials Submitted, with any attachments.
• I9.6. A completed and signed Sponsoring Organization's Fitness Disclosure, with any attachments.
• I9.7. A completed and signed Registry Operator's Fitness Disclosure, with any attachments.

I10. All seven of the above elements must be provided in hard copy. Items I9.1, I9.2, I9.3, and I9.4 must also be provided in electronic form on one or more 3 ½" floppy diskettes (IBM high density) or on a CD-ROM in a common word-processing format and in HTML format.

I11. In addition, for your application for a sponsored TLD to be treated as complete, you must pay the US$50,000 application in full. Your application will only be considered upon full payment of this non-refundable application fee. We prefer you make the payment by check, but as an alternative you may make the payment by wire transfer.

I11.1. If you choose to pay by check, with your application you must send a check, drawn on a United States bank and payable to the Internet Corporation for Assigned Names and Numbers (ICANN), in the amount of 50,000 United States dollars.

I11.2. If you choose to pay by wire transfer, you must arrange for the wire transfer to be sent to ICANN at the following account:

Internet Corporation for Assigned Names and Numbers
Account number 09141-04900
Routing indicator 121000358
Bank of America Branch 0914
4754 Admiralty Way
Marina del Rey, CA 90292 USA
Telephone +1/310/247-2080

Wire transfers must be received at least five business days before we receive your application and you must include a wire transfer receipt or other document identifying the wire transfer with your application.

III. GUIDELINES FOR PREPARING THE APPLICATION

I12. We strongly urge applicants to obtain the professional assistance of experts (technical, financial, legal, management, etc.) to help formulate the proposals and prepare the application.

I13. All applications should be submitted on A4 or 8½" x 11" paper, arranged and bound as stated in items I6 and I9 of these New TLD Application Instructions and in instructions contained in the various forms.

I14. Applications must be submitted in English. (Copies in other languages may be included for posting.)

I15. Carefully follow not only these general instructions, but any instructions stated in the application forms as well.

I16. In order to be able to make the most educated choices of new TLDs and TLD registries, ICANN seeks the fullest information from applicants. Thus, please provide as much detail as possible in response to the application questions. Be particularly attentive to providing full information with regard to technical, financial, business and management capabilities and registry failure provisions. Be specific both about policies and plans for implementation of policies.

I17. Though in places the application forms provide examples to enhance clarity, do not consider yourself limited to the TLD models mentioned to in the application or already in existence. The Board seeks diversity and hopes to rely on the creative approach of the applications to all aspects of the introduction and operation of new TLDs. Be creative.

I18. In general, applications should answer each request in a numbered paragraph corresponding to the number of the question. Certain sections of the application forms (for example, items D13.2 and D13.2.1 to D13.2.15 of the Registry Operator's Proposal) require that the applicant submit a comprehensive plan which addresses the questions posed in the application. For these plans, applicants need not answer each request in a numbered paragraph corresponding to the number of the question so long as all of the topics on which information is requested are addressed in detail in the plan. If there is no answer available for a particular question, please indicate that fact next to the number corresponding to the question.

I19. ICANN seeks a group of TLDs that will provide a vehicle for proving a diverse range of concepts for innovative uses of the DNS. To promote diversity, it may be advantageous to vary one or more aspects of your proposal in view of ICANN's selection of proposals made by others. You should therefore point out the areas where your proposal may be varied without significantly compromising its essential points, and you should clearly and fully describe all variations and alternatives that would maintain the spirit of your proposal.

I20. ICANN absolutely requires stability in all aspects of new TLD registries. Thus, it is of the utmost importance to provide full information with respect to the technical, financial, business and management capabilities sections of your application.

I21. Please Note: We strongly recommend that, immediately before you finalize your application documents and send them in, you go to the ICANN web site and review each of the documents listed in items I3.1 to I3.6 above. The documents listed there (including these instructions) will be revised as appropriate to reflect the most up-to-date information available. In particular, you should re-read the TLD Application Process FAQs, which will be continually revised and supplemented as additional questions are received. You should also make a last check of the TLD Application Process: Information for Applicants page to see if any links to additional materials have been added.

IV. WHERE TO SEND COMPLETED APPLICATION

I22. Completed applications should be sent by mail or courier directly to ICANN at the following address:

Internet Corporation for Assigned Names and Numbers
New TLD Applications
4676 Admiralty Way, Suite 330
Marina del Rey, CA 90292 USA

I23. Applications sent via e-mail will not be accepted. Supporting hard-copy documents, the required electronic copies of the documents, and a check for the non-refundable application fee (or documents identifying a wire transfer you have already made) must accompany the application form . To assist the ICANN staff in handling applications, we would appreciate notification by e-mail to <tld-applications@icann.org> when sending an application that exceeds 30 kilograms (66 pounds).

V. WHEN TO SEND APPLICATION

I24. The complete application, including all forms, attachments, and accompanying materials, along with the check for the non-refundable application fee (or wire-transfer documentation), must be received by ICANN at its office in Marina del Rey during the period beginning 5 September and ending 2 October 2000. All materials must be received before 5:00 pm, California time, on 2 October 2000.

VI. CONFIDENTIAL MATERIAL IN APPLICATIONS

I25. ICANN intends to evaluate applications to sponsor or operate new TLDs in as open and transparent a manner as feasible. At the same time, however, ICANN recognizes that to encourage applicants to provide all documents and information relevant to the application, it is appropriate to afford applicants the opportunity to submit legitimate trade-secret information with a request for confidential handling by ICANN.

I26. Except to the extent that it expressly agrees otherwise in writing, ICANN will be free to disclose and use information submitted in connection with an application in any manner and to anyone it deems appropriate. If the applicant wishes ICANN to accord confidential treatment to any material in its application or otherwise submitted in connection with the application, the applicant must expressly request confidential treatment of that material in the Statement of Requested Confidential Treatment of Materials Submitted that it submits. Applicants are strongly encouraged to avoid, or at least to minimize, requests for confidential treatment of material in applications or submitted in connection with applications.

I27. For the procedure ICANN will use to handle requests for confidential treatment, please carefully review section I of the Statement of Requested Confidential Treatment of Materials Submitted.

VII. THE NON-REFUNDABLE APPLICATION FEE

I28. As noted above, every application must be accompanied by payment of US$50,000. This is only an application fee to obtain consideration of this application. The fee will not be refunded under any circumstances, except in the event that you withdraw your application prior to its consideration because you and ICANN do not reach an agreement on confidential treatment of the application. (See section I of the Statement of Requested Confidential Treatment of Materials Submitted for details on this exception.)

I29. There is absolutely no assurance that any application will be selected for negotiations toward entry of an agreement with a registry operator or that, if an application is selected, the negotiations will lead to entry of such an agreement or establishment of a TLD. Indeed, it is possible that ICANN will not choose to proceed with any application or to create any new TLDs.

VIII. PROPOSING MULTIPLE TLDS

I30. A single application may propose multiple TLD strings. In the event multiple TLD strings are proposed in an application, (a) all parts of the application must apply, without significant variation, to all of the strings and (b) if ICANN determines in its sole discretion that one or more parts (such as the Business Capabilities and Plan or the Description of TLD Policies) apply to different proposed TLD strings in a significantly different manner, the applicant may be required to elect which of the strings to pursue in the application.

I31. There is no limit on the number of applications an organization may submit, but each application must be complete on its own and must be accompanied by the non-refundable US$ 50,000 application fee.

IX. THE EVALUATION PROCESS

I32. ICANN will accept completed applications for new TLD registries from 5 September to 2 October 2000. Shortly after receiving your complete application, ICANN will send an e-mail to the e-mail address listed under item A16 (for sponsored TLDs) or item B15 (for unsponsored TLDs) of your application transmittal form.

I33. During the applications period, questions regarding the new TLD application process may be sent to <tld-applications@icann.org>. To help provide all applicants with equitable access to information about the process as they prepare their applications, until the application deadline on 2 October 2000 all requests to ICANN for information about the process or issues arising in preparation of an application must be submitted in written form (preferrably by e-mail). During the application period, requests for personal or telephone consultations regarding these matters will not be granted.

I34. Ordinarily, any substantive responses to written questions submitted during the application period will be posted on the ICANN web site. Those sending questions should take this into account in framing their questions.

I35. After the close of the application period on 2 October 2000, ICANN staff will be evaluating all of the applications received. This process will involve not only reviewing what has been submitted, but also consulting with technical, financial, business, and legal experts and gathering additional information that may be pertinent to the application.

I36. As needed, after the application period is concluded the ICANN staff may gather additional information by sending applicants e-mails asking for the information, by conducting telephone or in-person interviews with applicants, by attending (possibly with ICANN-retained experts) presentations by applicants or their experts, or by other means. These inquiries will be initiated by the ICANN staff; if you feel a presentation to ICANN is necessary to properly present your proposal you should suggest that in your written application.

I37. Except to the extent that ICANN has agreed in writing to treat information confidentially, all materials submitted in connection with applications are subject to being posted on the ICANN web site. ICANN anticipates seeking comments from various groups and from the public generally on the proposals that are received.

I38. Under the current schedule, in mid-November 2000 ICANN will announce its selections of applications for negotiations toward agreements with registry sponsors and operators. The current target date for completing any negotiations is 31 December 2000.