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SUGGESTED MODEL FOR EXPRESSION OF INTEREST ( EOI ) - MATTERS ARISING

  • To: <eoi-new-gtlds@xxxxxxxxx>
  • Subject: SUGGESTED MODEL FOR EXPRESSION OF INTEREST ( EOI ) - MATTERS ARISING
  • From: "The Syllabus, Onajobi" <thesyllabus@xxxxxxxxx>
  • Date: Tue, 24 Nov 2009 11:56:10 +0100

To start with, I commend the anticipated EOI call to help ICANN consolidate
on its readiness for the new gTLD.

 

I believe ICANN should exercise primary caution in this exercise, based on
the fact that the New gTLD is still in development stage and official
commencement is un-ascertained.

 

Basically, ICANN should simply run the EOI as a form of web-based EOI survey
to gather potential interests that are likely to apply for new gTLD.

If it is made open, then all serious prospective applicants will definitely
participate.

 

Yes, the result of the EOI should be kept to cross-check the case of new
TLD-squatting that may arise when the new gTLD officially commence and
Applications are openly displayed.

 

Caution here: There are many corporate, community and generic potential
applicants that are yet undecided, and equal opportunity is one of the
fundamental  obligation that ICANN owes to the entire industry participants
and eligible applicants. 

 

 

DEPOSIT: On whether ICANN should require a deposit for participation in the
EOI?

This is tactically wrong and uncalled for: The new gTLD is not yet
officially commenced. The policy framework for the program is not yet
finalized, on what basis or grounds will ICANN justify the "deposit" paid
for EOI?

 

ICANN should not be deceived into making undue commitment to all EOI
participants because of this "deposit". I believe what ICANN seek to achieve
by EOI call is to simulate the big picture of what to expect, when new gTLD
application opens. Using a non-commitment web-based Survey or EOI Survey
system will give ICANN the intelligent information required.

 

 

QUESTION - If there is a fee, under what circumstances should there be
refund?

RESPONSE - Attaching a fee will definately degenerate into refund policy
issue. Running EOI Survey without "deposit fee" resolves this probing
question.

 

 

QUESTION- What information should be collected from EOI participants?

RESPONSES:

- Corporate Brief of the EOI participant

- Entities represented by EOI participants

- Strings applied-for by participants

- Readiness level of applicant/represented entity

 

 

QUESTION- Whether the EOI exercise should be made public?

RESPONSE: 

No. this EOI is primarily an "intelligent gathering" exercise for ICANN
usage. Therefore, there is no need for public declaration. ICANN may
generalise the statistics and make it available to the community without
stating the details e.g. Total Number of strings required: 345; Total number
of applicants: 150 etc.

 

 

QUESTION - Must the responder commit to go live within a certain time of
delegation?

RESPONSE:

The EOI ideally, should not put the applicant under an obligatory commitment
because the Policy Framework is yet to be finalized. So, commitment should
be taken out of this EOI exercise. Simply, it is to simulate the interests
for new gTLD application.

 

QUESTION- What are the implications for potential changes to the Applicant
Guidebook after the EOI participation period closes?

RESPONSE:

This is why the Expression of Interest should be without obligation, except
in circumstance where the final Applicant Guidebook is Released and the
policy is ready for execution, then ICANN can run EOI call with deposit
commitment. But as the policy status currently stands, any change in policy
can discourage a potential applicant , who might have participated in EOI to
change his mind and discontinue interest in previously anticipated new gTLD.

 

 

QUESTION- What are the potential risks associated with the EOI?

RESPONSES:

- There is no associated risk, if it is undertaken by ICANN without any
obligatory commitment deposit.

- If the Application Guidebook , new gTLD policy framework is not yet
finalized, a number of crisis will arise if a change in the present AGB
version is 

altered, and such alteration informed a EOI participant to discountinue from
the process and such ground will be tenable to make a case with ICANN. So, I
advise ICANN to avoid EOI troubles.

 

Final note, many industry players who are advocating for deposit
fee/commitment - are merely anxious and looking for a way to make ICANN
commit itself further to the process, that's a good one but ICANN should
beware of the implication of every action/call they make at this stage of
the process.

 

Thank you.

 

The Syllabus, Onajobi

Managing Emperor

WWW Empire Limited, Nigeria



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