RE: [gnso-vi-feb10] Innovative Proposal - to Richard Tindal's question

["Kathy Kleiman" <kKleiman@xxxxxxx>]

Sorry, hit enter too quickly on last message and it was incomplete.
Here's the full message:

 

Hi Richard,

Tx for the question and reminder  J.  As you have correctly concluded,
in our Main Model (which we assume will apply to the vast majority of
new gTLDs):

1.       Per existing agreements with ICANN, a Registry can own  up to
15% of any ICANN-accredited registrar.

2.       Save for the narrow exceptions outside the Main Model, a
registry cannot act as a registrar in its own TLD.

3.       Third and to your point, yes, our proposal allows a Registry to
sell domain names through the registrar in which it owns up to 15% in
that TLD. That is the rule in agreements today, and that is the rule we
propose continue.  Please note that we do require an overlay of
"structural separation." Lest there be any question of how much control,
influence or direction might be possible through that 15% ownership
share , we require full structural, operational and financial
separation. That is to continue the level playing field between the
registry and all ICANN-accredited registrars.

 

Best,

Kathy

 

 

Kathy Kleiman

Director of Policy

.ORG The Public Interest Registry

Direct: +1 703 889-5756  Mobile: +1 703 371-6846

 

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On Apr 13, 2010, at 12:42 PM, Richard Tindal wrote:

 

Hi Kathy,

 

Your proposal uses language from existing contracts,  e.g.  'Registry
Operator shall not act as a registrar with respect to their TLD'.
However as others (Jon N and Jeff N) have noted,  this language contains
some ambiguity.    

 

You're saying a registry can cross-own up to 15% of a registrar.  That's
clear.

 

You're saying the registry entity itself (the registry corporation)
cannot act as a registrar in its own TLD.  That's also clear.

 

What's not clear is whether a registrar that is 14% (say) cross owned by
the registry can operate as a registrar in that TLD.      Do you intend
that (1) cross-owned registrars below the 15% threshold CAN sell names
in the TLD in question,   or are you taking a stricter approach that
says (2)  no cross-owned registrar of any ownership percentage can sell
names in the registry's TLD?

 

I'm assuming it's (1) -  but wanted to be 100% clear.

 

Richard