[gnso-vi-feb10] Questions for the ICANN Board and Staff on current resolution

["Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>]

All,

Please find below the questions that I have compiled so far on the ICANN Board 
resolution.  Please let me know if you have additional questions or 
changes/modifications to these questions.  No pride of authorship here.


1. The resolution states "there will be strict separation of entities offering 
registry services and those acting as registrars"

A.  Is that meant to cover just front end registries (eg., those under direct 
contract with ICANN), or back-end as well (eg., those subcontractors of 
registry operators under contract with ICANN).

B.  Would entities offering "registry services", include those that may be 
providing a portion, but not all of the registry services?  For example, if an 
entity is simply providing DNS services for a new TLD, but not the SRS 
functions, would they be considered under the Board resolution to be "offering 
registry services"?  If yes, where in your opinion is the line of demarcation?



2.  With respect to the phrase "...strict separation of entities offering 
registry services and those as registrars":

A. Does this apply to just the new TLD for which a registrar applies to perform 
the registry function or does that mean if you are a registry for one TLD, you 
cannot be a registrar with respect to any other gTLD (new or existing)?

B. Does the term "registrars" apply to resellers of registrars as well or 
literally just registrars





3.  The resolution uses the phrase "No cross ownership will be allowed."

a)  Does this apply to just legal ownership?

b)  What about vertical integration through other means direct or indirect.  In 
other words, some have advocated that restrictions should apply to those that 
exercise some form of control over the registry (i.e., by contract or 
ownership), while others have argued that it should just apply with respect to 
legal ownership?  Which position has the Board decided to take?

c)  Does the cross ownership requirements apply to affiliates or just the 
entity under contract.  In other words, if you have Parent Company A that owns 
Subsidiary B and Subsidiary C.  If Subsidiary B is a registrar and Subsidiary C 
is a registry, would the cross ownership rule apply?  Will this be allowed in 
that the Registrar here does not own any portion of the registry, nor does the 
registry here own any portion of the Registrar despite the fact that they share 
a common parent.



4.  When the Board states, "no cross ownership":

A. Does that literally mean 0% ownership as opposed to the 15% used today in 
the existing agreements?

B. If it literally means 0% ownership, what about those companies that are 
public where shares are traded on the open market.  Could an entity be 
prohibited from serving as a registry if a de minimus amount of shares are 
purchased by a registrar?

C. If it does mean no ownership, will ICANN afford entities a transition period 
to divest registrar shareholders if a registry elects to do so?  In other 
words, would the rule be that prior to launching there can be no cross 
ownership, or is it prior to applying for a new gTLD.


Jeffrey J. Neuman
Neustar, Inc. / Vice President, Law & Policy
46000 Center Oak Plaza Sterling, VA 20166
Office: +1.571.434.5772  Mobile: +1.202.549.5079  Fax: +1.703.738.7965 / 
jeff.neuman@xxxxxxxxxxx<mailto:jeff.neuman@xxxxxxxxxxx>  / 
www.neustar.biz<http://www.neustar.biz/>
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