Factual error in registry failure report
- To: registry-failure-report@xxxxxxxxx
- Subject: Factual error in registry failure report
- From: "Edward Hasbrouck" <edward@xxxxxxxxxxxxx>
- Date: Sun, 24 Jun 2007 15:39:39 -0700
This message is in response to the request at:
for comments and feedback on the report, "Building Towards a Comprehensive
gTLD Registry Failover Plan," at:
Section 4.2 of the Registry Failover Plan report refers to "the current
.AERO sponsorship agreement."
This reference in the report is factually incorrect, because there is no
"current" .AERO sponsorship agreement.
The original AERO Sponsorship Agreement was effective 17 December 2001,
for a 5-year term:
Section 5.1 of that agreement provides:
"5.1.1 The Expiration Date shall be five years after the Effective Date.
"5.1.2 Sponsor acknowledges and agrees that, unless ICANN and Sponsor
enter a new agreement continuing Sponsor's status as Sponsor of the
Registry TLD, Sponsor will cease to be the Sponsor for the Sponsored TLD
upon the earlier of (a) the Expiration Date or (b) termination of this
Agreement by ICANN pursuant to Subsection 5.4....
"5.1.4. Sponsor acknowledges and agrees that, except as expressly provided
by this Agreement, it shall not acquire any right in the Sponsored TLD by
virtue of its Sponsorship of the Sponsored TLD or the provision of
Registry Services in the Sponsored TLD."
The original .AERO agreement expired 17 December 2006.
There has been no publicly-disclosed action of ICANN to renew or extend
this agreement, or to approve any new .AERO sponsorship agreement.
Therefore, the original sponsor of .AERO has ceased to be the sponsor of
.AERO, and no longer no longer has any right in .AERO. There is no longer
any sponsor, registry operator, or other entity with any contractual
relationship or obligation to ICANN with respect to .AERO. This limits
and complicates ICANN's ability to ensure registry continuity.
ICANN should correct the factual error in the report by removing the
reference to "the current .AERO sponsorship agreement", or changing it to
refer to "the original, now expired .AERO sponsorship agreement."
And ICANN should add to its registry plan a discussion of how to ensure
registry continuity when a TLD sponsorship agreement expires without
renewal, extension, or the conclusion of a new agreement, as has now
happened for .AERO, .COOP, and .MUSEUM.