[gnso-vi-feb10] VI - An RSP Question..

["Hammock, Statton" <shammock@xxxxxxxxxxxxxxxxxxxx>]

Thanks for the updated matrix, Berry and Kathy.  This is very useful in
helping to see the whole "proposal landscape." 

 

As I was looking across the columns, my focus went to the descriptions
of how the proposals treat back-end registry service providers (RSPs).
It appears to me that fewer than half of the proposals (4 out of 10)
want the 15% cross-ownership restriction to apply to RSPs without
qualification (I do not count the Board's resolution either as a
"proposal" or a "policy because, to me, it's simply a "statement," (an
ambiguous one, too)).  The other 6 either envision such a cap only when
the RSP controls the pricing, policies, or selection of registrars for
that TLD, or would allow complete cross-ownership so long as strict
structural or financial separation exists. 

 

So perhaps we're not too far from achieving a consensus on this
particular issue.  So, I would like to pose the question to Proposers #2
(IPC) #3 (Afflias), #4 (PIR), and #6(GoDaddy):  What is the rationale
for proposing an *unqualified* cap of 15% on RSPs?   To me, this seems
needlessly restrictive when the RSP is just a technical service provider
with no policymaking authority for the TLD.  Registry operators, not
their back-end service suppliers, are responsible for pricing and policy
decisions for their TLD.  Registry Operators also would not want, nor
permit, RSPs to act in ways that are not compliant with their ICANN
agreements and policies.   Also, it seems that there is no incentives
for the RSP to discriminate against any registrar because they would
want to see as many registrars as possible distribute the names in the
relevant extension.   Additionally, if my understanding is correct, the
current marketplace demonstrates that registrars (DomainPeople, for
example) and their affiliates (Hostway) have provided back-end registry
services and sold names (.PRO) in those registries without any negative
consequences.  

 

So again to those proposers, what is the rationale for an *unqualified*
15% cap on registry and/or registrar cross-ownership of a RSP in the
absence of that RSP's control over the pricing, policies or selection of
registrars for that TLD?  

 

Thanks, 

 

Statton 

 

 Statton Hammock 
 Sr. Director, Law, Policy & Business Affairs 

 

P 703-668-5515  M 703-624-5031 <http://www.networksolutions.com> 
www.networksolutions.com