[gtld-council] Regarding last resort option for allocation

["Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

Hello All,

This is a personal view on the current status of the allocation process:

With respect to competition I believe that the overall application
process and the promotion of the process should be designed to create
the market conditions where competition is likely to occur. 

- This is consistent with ICANN core value 2.5:
"Where feasible and appropriate, depending on market mechanisms to
promote and sustain a competitive environment."

In my view the option for the Board to adjudicate a dispute over who
should operate a particular gTLD string should be treated as a last
resort process and should happen rarely.  If the Board is required to
adjudicate regularly, then further objective criteria such as in 5 (c)
of the draft recommendation will need to be developed by the GNSO.
The process should be as objective as possible.

This is consistent with ICANN core value 2.8:
"Making decisions by applying documented policies neutrally and
objectively, with integrity and fairness."

Note that the Board could decide to appoint some form of panel or
outside consultant to advise on the issues described in 5(d) of the
draft recommendation in much the same way as the Board engaged an
outside firm to review the applications for .net.    I think it is
reasonable to leave the Board with some flexibility for how they proceed
on a case-by-case basis, assuming that cases are rare.

I recommend that we explicitly add a recommendation that the
effectiveness of the allocation process in the first round of
application be reviewed by the GNSO prior to commencing a second round,
and that this review should take no more than 3 months after the
conclusion of the processing of the first round applications.

Regards,
Bruce Tonkin