[gtld-council] new TLDs work: Recommendation 20 clarification needed

[Liz Williams <liz.williams@xxxxxxxxx>]

Hello everyone

I have just reviewed all my notes and the subsequent email threads  
with respect to Recommendations 20.  I have also read Robin's email  
posted http://forum.icann.org/lists/gtld-council/msg00691.html which  
says that the NCUC will submit minority reports on both  
Recommendation 20 ( & 6) next week.  Assuming that is the case then,  
and this is where I need clarity for this week's work, is there any  
necessity for further discussion from the group?  From my notes, it  
seems that there is no need for further discussion of Recommendation  
20 except to determine which formulation the majority of  
constituencies support.
I have set out the previously agreed text and the text agreed in the  
small group work.
Could the Committee please advise which it prefers as there was  
detailed discussion about this on the call which was not definitive,  
especially in light of the above email from Robin.
Recommendation 20

Previously agreed text:  "An application will be rejected if is it  
determined, based on public comments or otherwise, that there is  
substantial opposition to it from among significant established  
institutions of the economic sector, or cultural or language  
community, to which it is targeted or which it is intended to support."
Small group agreed text:  "An application may be rejected if it is  
determined that there is substantial opposition to it from  
significant established institutions within the targeted community."
Given the two alternatives, I would be grateful if Committee members  
could clarify their support for one formulation or the other.  The  
NCUC will then be able to write its minority statement based on the  
stable text.
I have set out below the suggested definitions, which could be used  
by the Implementation Team, to effect the policy recommendation into  
the implementation plan.
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.
I am happy to set up whatever communication the Committee may need  
during the week.  Alternatively, email communication may suffice  
until the Thursday 19 July Committee meeting.
Kind regards.

Liz
.....................................................

Liz Williams
Senior Policy Counselor
ICANN - Brussels
+32 2 234 7874 tel
+32 2 234 7848 fax
+32 497 07 4243 mob