AusRegistry Comments on Proposed Process for Handling Requests for Removal of Cross-Ownership Restrictions for Existing gTLDs

[Krista Papac <Krista.Papac@xxxxxxxxxxxxxxx>]

AusRegistry International appreciates the opportunity to comment on the 
Proposed ICANN Process for Handling Requests for Removal of Cross-Ownership 
Restrictions for Existing gTLDs.

Existing gTLD registry operators should be permitted to transition to the new 
form of Registry Agreement once it is approved. AusRegistry International 
agrees with the proposed process requiring the registry operator request a 
transition to the new form of Registry Agreement from ICANN and should the 
registry operator wish to negotiate changes to the terms of the new gTLD 
Registry Agreement those requested changes must be subject to public comment.

However, existing gTLD registry operators should not be permitted to request an 
amendment to their existing Registry Agreements to remove the cross-ownership 
restrictions, or to modify their Agreements to permit any other subset of terms 
or conditions provided in the new form of Registry Agreement. By allowing 
existing gTLD registry operators to select terms and/or conditions from the new 
form of Registry Agreement which are favorable to them and to effectively 
deselect those terms which are not favorable because they create additional 
operational burdens, ICANN would be providing existing gTLD registry operators 
with an unfair competitive advantage.

The new gTLD Registry Agreement contains many additional operational 
requirements which are costly to implement and maintain. As a cost of doing 
business, new gTLD registry operators will be required to implement these more 
stringent operational requirements, however they also get the benefit of more 
favorable terms such as Registry/Registrar cross-ownership (absent market 
power). Should an existing gTLD registry operator get the additional benefit of 
Registry/Registrar cross-ownership but not be subject to the additional 
operational requirements and costs - they would be given an unfair competitive 
advantage over new gTLD registry operators.

In the interest of being open, fair and transparent, existing gTLD registry 
operators who wish to adopt terms and conditions provided in the new form of 
Registry Agreement must be required to adopt all terms and conditions, or to 
continue operating under the Registry Agreement they currently have.


Krista Papac
Chief Strategy Officer
AusRegistry Group Pty Ltd
Email: krista.papac@xxxxxxxxxxxxxxx<mailto:krista.papac@xxxxxxxxxxxxxxx>
Web: www.ausregistry.com