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Username: James Ross
Date/Time: Fri, March 2, 2001 at 2:06 AM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows NT 5.0
Subject: Pending "Requests for Reconsideration"




Dear Reconsideration Committee and ICANN Board Members,

I refer to the request for reconsideration dated December 15, 2000 submitted by The .TV Corporation ("dotTV") on behalf of the dotNOM and dotPRO Consortiums respectively, which has been posted and identified on the ICANN reconsideration website as "Reconsideration Request 00-12" (the "Submission"). 

As detailed in the Submission, dotTV seeks reconsideration of the denial of its applications for the .nom and .pro TLDs and asserts that the ICANN staff failed to consider, or improperly disregarded, considerable evidence demonstrating that the dotNOM and dotPRO Consortiums were suitably qualified applicants for the new TLDs.  dotTV further asserts that the compressed timeframe in which the TLD selection process took place gave rise to considerable errors and failed to afford the applicants an adequate opportunity to respond to ICANN staff concerns. 

Despite the enormous importance of the proposed introduction of new gTLDs which will forever change the face of the Internet, we noted with considerable surprise and concern that the selection process did not establish any appeal or review mechanism dedicated to the process.  Submitting a request for reconsideration pursuant to the ICANN Bylaws was therefore the only avenue of recourse within ICANN's framework open to aggrieved gTLD applicants.  Approximately ten of the gTLD applicants have filed such a request. 

We note that the Reconsideration Policy provides that the Reconsideration Committee will endeavor to submit its recommendation within 30 days of filing, however nearly 11 weeks have passed since the filing of the Submission and we have not yet received any substantive response, nor does it appear that any of the requests for reconsideration filed by other applicants have yet been addressed.  We are now extremely troubled to note that, notwithstanding these many pending requests for reconsideration, ICANN has announced that it is close to concluding agreements with selected applicants and indicated that these agreements may be presented to the Board for ratification at the Melbourne meeting on March 13, 2001.

It is our firm view that unless and until all related requests for reconsideration have been fully and fairly addressed it is entirely inappropriate for ICANN to proceed toward concluding or ratifying any agreements with the provisionally selected applicants.  To do otherwise would constitute a further denial of due process which we regret has been lacking throughout the gTLD selection process overseen by ICANN.


James Ross
VP Business Affairs
The .tv Corporation
Phone (310) 481 3747
Fax (310) 481 3888



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