.net registry-registrar agreement 5.3(b)

[Danny Younger <dannyyounger@xxxxxxxxx>]

The clause states:

"The per-registrar component of the Variable Registry-Level Fee shall be 
specified by ICANN in accordance with the budget adopted by the ICANN Board of 
Directors for each fiscal year, but the sum of the per registrar fees 
calculated for all registrars shall not exceed the total Per-Registrar Variable 
funding established pursuant to the approved 2004-2005 ICANN Budget."

This 3.8 million dollar fee has remained unchanged for too long.  There is 
currently no particular need to lock this value into the amount stipulated in 
the 2004-5 budget.  A financially prudent course of action would dictate that 
contract language should allow for the possibility of changes in the sum of the 
per register fees calculated for all registrars above and beyond the 2004-05 
rate.