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Re: [gtld-council] Recommendation 20

  • To: gtld-council@xxxxxxxxxxxxxx
  • Subject: Re: [gtld-council] Recommendation 20
  • From: 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


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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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