Comment From gTLD Applicant

[Prakash Bellur <p.bellur@xxxxxxxx>]

IEEE Global LLC, a subsidiary of the Institute of Electrical and
Electronics Engineers, Incorporated, appreciates the opportunity to comment
on the proposed changes to the Revised New gTLD Registry Agreement posted
on February 5, 2013.


As expressed by other commenters, IEEE Global finds it disconcerting that
such fundamental changes are being proposed at this late date. When IEEE
Global was deciding whether to participate in the gTLD application process,
it analyzed the Registry Agreement in the Applicant Guidebook and relied on
the balanced approach included in the Registry Agreement found there. IEEE
Global believes that last minute, extremely controversial, and unbalanced
changes to such an important agreement create unnecessary cost and
uncertainty and are likely to delay the new gTLD program further.


Even if these changes had been proposed in a more appropriate manner, two
of them would not be acceptable as described below.


First, through the the proposed changes to Section 7.6(c), ICANN would give
itself a unilateral right to amend the gTLD Registry Agreement.  IEEE
Global endorses the position of the gTLD Registries Stakeholder Group
(“RySG”), in Section I of its February 26, 2013 comment, and opposes this
proposal.  Applicants should not be forced to bind themselves to an
agreement that can be changed at ICANN’s sole discretion.  The uncertainty
that would result could only hamper the future success of the whole new
gTLD program.


Second, ICANN should not put into effect its proposed addition of Section 1
of Specification 11 to the Registry Agreement.  IEEE Global Endorses
Section II of the February 26 RySG comment, which deals with this
matter.  Requiring
Registry Operators to agree to use only ICANN-accredited registrars that
have executed a Registrar Accreditation Agreement to be finalized and
approved by the ICANN Board at some point later this year raises problems
similar to those afflicting the proposed changes for Section 7.6(c).
Intentionally
or not, ICANN would be giving itself power to make decisions unilaterally,
upset settled expectations, and act without community input.  This is
inconsistent with ICANN’s core values.


IEEE Global takes no position at this time on the substance of other
proposed changes.