Defining "use" of a TLD for Implementation Guideline "I"

[Werner Staub <werner@xxxxxxxx>]

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