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

["Jannik Skou" <js@xxxxxxxxxxxxxxxxxxxxx>]

Jeff, Ad. 1B: I guess we generally need a definition of an "entity offering
registry services". I.e. my interpretation is both the Applicant for a new
gTLD (the registry company itself) AND the
"registry-backend/frontend-SRS-system-provider" (?) to whom a registry
company (Applicant) may want to outsource all registry related sytems
operations and other operational tasks...
 
Regards
Jannik

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From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx]
On Behalf Of Neuman, Jeff
Sent: 19. marts 2010 14:04
To: Gnso-vi-feb10@xxxxxxxxx
Subject: [gnso-vi-feb10] Questions for the ICANN Board and Staff on current
resolution



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 /
<mailto:jeff.neuman@xxxxxxxxxxx> jeff.neuman@xxxxxxxxxxx  /
<http://www.neustar.biz/> www.neustar.biz      

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