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[gnso-vi-feb10] Updated MMA proposal now called CAM

  • To: Gnso-vi-feb10@xxxxxxxxx
  • Subject: [gnso-vi-feb10] Updated MMA proposal now called CAM
  • From: Avri Doria <avri@xxxxxxx>
  • Date: Fri, 28 May 2010 13:35:17 -0400

To fellow members of the VI WG.

Attached is a copy of the revised MMA proposal. It is now called the 
“Competition Authority Model” or CAM.  While this proposal builds on the 
original premise on MMA that evaluations on co-ownership and control must be 
left to appropriate competition authorities, it also tries to take into account 
comments and concerns that others in the VIWG have expressed.

Briefly:

- We have upped the threshold point to 15% again in deference to the prevailing 
condition in existing contracts.  This compromise is dependent, however, on the 
rest of the conditions in the proposal.  

For co-ownership greater then 15% the proposal requires going through two step 
review:

1)  A “quick look” from an ICANN-assembled group, the Competition Evaluation 
Standing Panel (CESP)similar to the RSTEP standing committee. If they don’t see 
a problem, the application goes ahead.
2)  If the  CSEP flags a problem (based on market power including issues of 
control) then it is forwarded to the appropriate national competition 
authorities.

- Registries and RSPs are allowed to sell through affiliated Registrars so long 
as specific defined steps to mitigate possible harm are taken.  These steps are 
required in all cases where selling is done through affiliated Registrars  to 
also mitigate any possible harm that might be manifest in cases where 
co-ownership is less than 15%.

- The proposal continues to allow for SR registrant exceptions from the 
presumption on the use of ICANN Registrars, though it is open to tightening the 
conditions for such exemption similar to those suggest by the IPC, but in 
addition to equivalent exemptions for established NGOs and other noncommercial 
institutions.   

- The proposal also allows for Community TLDs to provide registry services up 
to 50,000 second level registrations with an exemption from the presumption of 
equivalent access to ICANN Registrars.   The proposal, however, requires full 
equivalent Registrar access for new registrations and for transfers after that 
level is reached.
 
We hope that this proposal is useful in driving the discussion a bit closer to 
a consensus point.

Thanks

a.

Attachment: CAM-proposal-v4.doc
Description: MS-Word document




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