Re: [gnso-consumercci-dt] FW: New Issue - CCCI Metrics Pricing as a function of Competition

[Rosemary Sinclair <rosemary.sinclair@xxxxxxxxxxx>]

Hi

This answer doesn't surprise me after 10 years involvement with telco sector 
wholesale pricing in Australia

Watching retail prices is also a pain! But it will be interesting to see these 
as tey emerge for new gTLDS.....the trend will be the same as for mobile calls 
( think 1992 prices or flat screen TVs..or Domain Names..)....ie DOWN over time

I think we accept the advice gracefully and move on!

Cheers

Rosemary

Rosemary Sinclair
Director, External Relations
Australian School of Business
UNSW
+61 413734490(mobile)

On 24/01/2012, at 9:45 PM, "Cheryl Langdon-Orr" 
<langdonorr@xxxxxxxxx<mailto:langdonorr@xxxxxxxxx>> wrote:

*SIGH*  so Noted...  Thanks  Berry

Cheryl Langdon-Orr
(CLO)



On 25 January 2012 07:44, Berry Cobb 
<<mailto:mail@xxxxxxxxxxxxx>mail@xxxxxxxxxxxxx<mailto:mail@xxxxxxxxxxxxx>> 
wrote:
CCTC Team,

Below you will find the response from ICANN Legal about pricing as a function 
of Competition.

Thank you.


Berry Cobb
Internet Corporation for Assigned Names and Numbers (ICANN)

Email: <mailto:mail@xxxxxxxxxxxxx> mail@xxxxxxxxxxxxx<mailto:mail@xxxxxxxxxxxxx>
Tel: +1 720 839 5735<tel:%2B1%20720%20839%205735>
Skype ID: berry.cobb

From: Samantha Eisner 
[mailto:<mailto:Samantha.Eisner@xxxxxxxxx>Samantha.Eisner@xxxxxxxxx<mailto:Samantha.Eisner@xxxxxxxxx>]
Sent: Tuesday, January 24, 2012 1:04 PM
To: Berry Cobb
Cc: Liz Gasster; Dan Halloran; Julie Hedlund
Subject: FW: New Issue - CCCI Metrics Pricing as a function of Competition
Importance: High

Here's a response that you can provide the team from the Office of the General 
Counsel.


Thank you for the constructive work underway to meet the Board's request for 
community assistance on this consumer metrics issue.  The team has clearly 
considered many aspects of consumer choice and the breadth of proposed metrics 
appears to be well thought out.  While we do not wish to constrain the work 
proposed, the office of the General Counsel has expressed concerns regarding 
the collection of price-related information as part of the consumer metrics.  
Collection and comparison of non-public price-related information raises 
antitrust concerns in this context, particularly where market participants may 
have access to the collected information.  This is not meant to restrict the 
Working Team from reviewing how competition may have been created through the 
introduction of new gTLDs, but rather to avoid the expansion of a community 
discussion into areas that may raise questions of anti-competitive conduct, or 
lead to outcomes that could impose anti-competitive restrictions.

ICANN is not currently in the position of collecting non-public price 
information from its registries and registrars.  Requiring submission of 
non-public pricing information from its contracted parties would represent a 
change to ICANN's relationships with its contracted parties, and imposes risks 
to ICANN as the holder of this compiled confidential information.  In addition, 
it is not only ICANN that comprises the review teams required under the 
Affirmation of Commitments.  There is the possibility that those with existing 
or future interests in the TLD industry are members of the team.  Providing 
persons on a review team with non-public pricing information across an entire 
industry (information that is not ICANN's to begin with) provides the 
possibility for anti-competitive conduct, even if there are restrictions in 
place for the use of the information, creates a significant risk to ICANN as a 
whole.

One of the concerns regarding the consideration of price-related information - 
whether it is publicly available or not - is the possibility that an outcome of 
a future review results in a price–related recommendation.  To that extent, any 
consideration of price-related recommendations is not recommended, as it would 
raise both legal and accountability issues.  ICANN does not wish to encourage 
the creation of recommendations that are legally not feasible to implement.  
That outcome is not desirable for your team, for the review team, or for ICANN. 
 We look forward to working with you to continue to provide guidance on this 
issue as you complete your work.


--
Samantha Eisner
Senior Counsel
ICANN
4676 Admiralty Way #330
Marina del Rey, California  90292
Direct Dial: +1 310 578 8631<tel:%2B1%20310%20578%208631>
Office Fax: +1 310 823 8649<tel:%2B1%20310%20823%208649>



From: Berry Cobb 
<<mailto:mail@xxxxxxxxxxxxx>mail@xxxxxxxxxxxxx<mailto:mail@xxxxxxxxxxxxx>>
Date: Wed, 14 Dec 2011 12:34:13 -0800<tel:13%20-0800>
To: Daniel Halloran 
<<mailto:daniel.halloran@xxxxxxxxx>daniel.halloran@xxxxxxxxx<mailto:daniel.halloran@xxxxxxxxx>>,
 Robby Markowicz 
<<mailto:robby.markowicz@xxxxxxxxx>robby.markowicz@xxxxxxxxx<mailto:robby.markowicz@xxxxxxxxx>>,
 Samantha Eisner 
<<mailto:samantha.eisner@xxxxxxxxx>samantha.eisner@xxxxxxxxx<mailto:samantha.eisner@xxxxxxxxx>>
Cc: Margie Milam 
<<mailto:Margie.Milam@xxxxxxxxx>Margie.Milam@xxxxxxxxx<mailto:Margie.Milam@xxxxxxxxx>>,
 Liz Gasster 
<<mailto:liz.gasster@xxxxxxxxx>liz.gasster@xxxxxxxxx<mailto:liz.gasster@xxxxxxxxx>>
Subject: New Issue - CCCI Metrics Pricing as a function of Competition

Team,

Per our conversation today……

The CCCI WG is tasked to define Consumer, Consumer Trust, Consumer Choice, & 
Competition for the AoC Review post launch of the new gTLDs.  These efforts 
will act as advice to the Board and passed along to the future review team.  
Language within the advice letter will probably state that ICANN should begin 
to collect these metrics where possible to establish a baseline in preparation 
for the post launch review.

One proposed set of metrics within Competition relate to wholesale and retail 
pricing of the domain names offered.  You can find the details within rows 39 
to 43 of the MEASURES tab of the attached spreadsheet.  At your earliest 
convenience, please let us know how we should proceed and advise the working 
group with respect to pricing.  Given the sensitive nature, I assume that ICANN 
does not collect this type of data currently.

If you happen to see any other metrics of concern, we welcome your input as 
well.  Let me know if you require clarification.  The WG will start to review 
each metric in detail at our next session scheduled for 12/20.

Thank you for your help.  B



Berry Cobb
Internet Corporation for Assigned Names and Numbers (ICANN)

Email: <mailto:mail@xxxxxxxxxxxxx> mail@xxxxxxxxxxxxx<mailto:mail@xxxxxxxxxxxxx>
Tel: +1 720 839 5735<tel:%2B1%20720%20839%205735>
Skype ID: berry.cobb