Defining "use" of a TLD for Implementation Guideline "I"
Implementation Guideline I in the Final Report of the GNSO (http://gnso.icann.org/issues/new-gtlds/pdp-dec05-fr-parta-08aug07.htm) stipulates that: "An applicant granted a TLD string must use it within a fixed timeframe which will be specified in the application process." The current Draft Applicant Guidebook does not yet clearly reflect this and has not proposed any definition of the word "use". It is evident that simply setting up a web site is can hardly be considered "use" of TLD. I propose the following definition of "use" of a TLD: "A TLD is deemed to be in use if and only if second-level or lower-level domains in the TLD are delegated, based on an objective registration process, to a sizable number of third parties that do not control, nor are controlled by, that TLD's registry operator or sponsoring organization." The advantage of this definition is that, combined with Implementation Guideline I, it prevents a stampede of speculative, vanity and defensive TLD applications. In this context, I would like to add that an important question, asked by Mr. Joseph Lam, has not been answered (see http://forum.icann.org/lists/gtld-guide/msg00025.html ). My view is that ICANN must state clearly that registries will NOT be allowed to insert the TLD string alone as an A record or as an MX record in the TLD zone file. Werner Staub