[gtld-council] Recommendation 20

["Philip Sheppard" <philip.sheppard@xxxxxx>]

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.