dotBERLIN 2. comment posting

["Dirk Krischenowski" <krischenowski@xxxxxxxxxxxx>]

The dotBERLIN GmbH & Co. KG with its intent to apply for the .berlin city 
top-level domain is the oldest public applicant for the upcoming new gTLD 
round. We are the role model how to set up a community-based applicant for a 
cityTLD application. With our endurance in the new gTLD process some wisdom has 
come along how to make the new gTLDs a success for all, ICANN, the applicant 
and the Internet community at large. Here are our comments:

 

Make the Evaluators beware of Gaming Scenarios

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ICANN should make the dozens of evaluators aware that there will be attempts to 
game the AGB rules to get advantages against competitors or get a TLD approved. 
Fake communities, hired objectors, brand-look-a-likes and squeezing out may be 
some of many possible scenarios.

 

 

Background check – Treat all Applicants the same!

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It is obscene that cities need to perform a complete background check for their 
respective cityTLD applications. They may not pass the background check at the 
very end because the city has been sentenced in the past for criminal offences 
which are an absolute ground for rejection.

 

At the same time stock-market listed companies which have been sentenced to pay 
millions or billions of Dollars for corruption, tax and financial crimes, 
fraud, cybersquatting, reverse domain hijacking and other crimes are exempted 
from the background check. Also current managers of those companies may have 
been sentenced in the past but are still being executives at the company.

 

This treatment is unfair and anti-competitive. We see two options how to avoid 
anti-competitive lawsuits in this area:

 

Option 1: All applicants must be evaluated and pass through the background 
check the same way, regardless if they are an SME, a global top 100 company, a 
honorable foundation or a government.

 

Option 2: Exempted from the background check are applicants where the applicant 
is a government, a governmental body, a government owned organization (e.g. 
company, foundation, association) or where the government is directly or 
indirectly shareholder of the applicant.

 

 

Application Submission Period

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The dotBERLIN GmbH & Co. KG has started in 2005 with its project to launch the 
.berlin top-level domain. Only a year later the topic of new gTLDs for cities 
and regions was on the agenda of the Association of German Cities and Regions. 
By this the chances and risks of creating and operating a cityTLD became aware 
to all German regional authorities. A resolution of the German Bundestag made 
the topic even more prominent and official a year later in 2008. Meanwhile the 
same happened in many countries worldwide, where local GeoTLD initiatives and 
GAC representatives created awareness, discussion and even working groups on 
the topic. 

 

► For the reason of a long lasting and broad discussion on GeoTLDs we request 
to reduce the application window to 30-days.