RE: [pdp-pcceg-feb06] How the work of the Task Force relates to the renewal process for gTLD contracts

["Marilyn Cade" <marilynscade@xxxxxxxxxxx>]

Dear Maureen

 

I ask that this issue not be discussed on the upcoming Task Force call. It
is a topic at the Council call on the 14th and need not delay the work of
the TF. We have a job to do and should progress it. The Council can discuss
this topic on the 14th. 

 

Regards, 

 

Marilyn Cade

 

BC TF member/Councilor

 

  _____  

From: owner-pdp-pcceg-feb06@xxxxxxxxx
[mailto:owner-pdp-pcceg-feb06@xxxxxxxxx] On Behalf Of Cubberley, Maureen
(CHT)
Sent: Friday, August 25, 2006 12:00 PM
To: Bruce Tonkin
Cc: pdp-pcceg-feb06@xxxxxxxxxxxxxx; m.cubberley@xxxxxxxxxxxx
Subject: [pdp-pcceg-feb06] How the work of the Task Force relates to the
renewal process for gTLD contracts

 

 

Memo to Bruce Tonkin, Chair GNSO Council from Maureen Cubberley, Chair PDP
Feb 06 Task Force 

Dear Bruce,  

During the Thursday, August 10th, 2006 PDP Feb 06 Task Force (TF)
teleconference, a concern was raised by many of the Task Force members, and
I proposed to make you aware of it by means of this memorandum, the purpose
of which is to seek clarification from the Council and request that you
communicate the contents of this memorandum to the ICANN Board.  

I am requesting clarification on how our work relates to the renewal process
for gTLD contracts. The issue was raised in light of the proposed renewals
of three gTLD registry agreements with .biz, .info, and .org, as announced
by ICANN staff on July 28, and which is concurrent with the Task Force's
work to determine the policy issues specific to the renewal of existing
agreements. The Task Force questioned whether it was appropriate for the
ICANN staff to move forward with registry renewals that cannot be altered by
subsequent Consensus Policies while the Task Force is working on contract
renewal policy in parallel.  

The question from the TF to Council is: 

Given the existence of ICANN by-law annex A Clause 13, would Council please
confirm to the Task Force that should the Task Force's recommendations lead
to Consensus Policy (as described in Clause 13) that differs from contract
wording, then all current gTLDs contracts would indeed be changed
retroactively as a result?  If not, the Task Force is looking for guidance
on how to proceed. 

It is important to note that while most members of the Task Force share
these concerns, there is not unanimity in the group's opinion, and there was
one opinion from the Registry Constituency in support of the continuation of
contract negotiation in parallel with the work of the Task Force. 

Given the Board meeting of September 13 it may be prudent to have a reply
before then. Thank you for your consideration.  On behalf of the Task Force,
I await your reply.

Kind regards,

Maureen

Maureen Cubberley, Chair

PDP Feb-06 Task Force on Renewals of Existing gTLDs.