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 Re: [gtld-council] Recommendation 20
To: gtld-council@xxxxxxxxxxxxxxSubject: Re: [gtld-council] Recommendation 20From: Avri Doria <avri@xxxxxxx>Date: Mon, 16 Jul 2007 06:55:16 -0400 
 
Hi,
As far as I understand, the definitions you attached to the note are  
not part of the committees recommendations, and are not included in  
the implementation guidelines either.  In fact I do not believe they  
were discussed by the committee itself though they may have been  
discussed in the discussion group. I believe they may be being  
considered by the staff. 
Thanks for the comments.
a.
On 16 jul 2007, at 04.28, Philip Sheppard wrote:
 Given the useful implementation definitions already written for  
rec. 20 is any more clarity needed ? Rec. 20 carefully reflected  
the group's discussions as annotated below:
"An application will be rejected  (WILL is correct here as it  
relates to a determination of SUBSTANTIAL opposition. If there is  
opposition that is determined NOT to be substantial, there will be  
no rejection). 
if is it determined, (MEANS there will be a panel to so determine)
based on public comments (recognises that initial opposition may be  
communicated via public comments, and so staff would then invite a  
formal objection) 
or otherwise (that is a formal objection)
that there is substantial opposition to it  (keyword SUBSTANTIAL,  
see definition below) 
from among significant established institutions (see definition below)
of the economic sector, or cultural or language community, (that is  
a commercial or social interest)
to which it is targeted (that is the STRING may be so deemed to be  
targeted by the objecting institution)
or which it is intended to support." (that is the  APPLICATION is  
explicit about use). 
In other words, the group has already covered all the angles we  
have recently discussed yet again! The other attempts to simplify  
the recommendation are less elegant. 
We see no need to change.
Philip
------------------------------------------
Substantial Opposition: A procedure including required  
documentation will be prepared by ICANN. this documentation will  
include elements such as a detailed description of the community  
affected and the nature of the harm it would cause that community  
to have the TLD granted to the applicant. In judging substantial  
opposition, the process will include consideration of the number of  
completely independent established institutions registering an  
objection. 
Established institution: While the normal criteria should for an  
institution that has been in formal existence for at least 10  
years. In exceptional cases, standing may be granted to an  
institution that has been in existence for fewer then 10 years.  
Exceptional circumstance may relate to reasons such as:  
organization was reorganized or merged with another organization,  
community is younger the 10 years. 
Formal existence: This is defined by an appropriate form of public  
registration or clear public historical evidence. Third party  
validation by a government, Intergovernmental organization or well  
known established institution (e.g. International Red Cross, a Bar  
Association, a Medical Certification Body) may also be used. 
 
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