RE: [pdp-pcceg-feb06] Updated comments

["Nevett, Jonathon" <jnevett@xxxxxxxxxxxxxxxxxxxx>]

Liz:

 

Will there be any staff summaries of the referenced materials in Section
D below?  It would be inefficient for all of us to try to pull out the
key points from all of the documents referenced in this Section.  For
example, how does Singapore deal with pricing and renewal issues in D.5
and D.7?  I could see not summarizing the antitrust primers in D.8., but
it would advance the ball a great deal if we were able to read in the
actual Task Force Report the high level points from these "expert
materials."

 

Thanks.

 

Jon      

 


D.  Expert Materials


 

1.      It is clear that Taskforce Members (and those who are dealing
with the related PDP Dec 05 Term of Reference on Contractual Conditions)
are concerned that ICANN follows an agreed and publicly available
process.  This is consistent with ICANN's Bylaws and ICANN's Mission and
Core Values.  It is also consistent that any process ICANN uses to
conduct is operations is as transparent as possible, barring the need to
keep commercially sensitive information appropriately protected.  There
is also an expectation from the Taskforce Members (and the broader ICANN
community) that there be consistency in the treatment of ICANN's
contracted parties.  This does not mean "equal" treatment but rather
equitable and predictable treatment of any entity that enters into
commercial negotiations with ICANN.

2.      The list below is by no means exhaustive and is still under
consideration as the Preliminary Report is developed.

3.      The first set of information relates to a set of processes that
guide the selection of service providers in a variety of settings.  The
Asian Development Bank
(http://www.adb.org/Documents/Guidelines/Procurement/default.asp?p=prcrm
nt) provides a detailed handbook that sets out, for example, the Terms
of Reference, the Invitation for Proposals, Evaluation of Proposals and
Contract Negotiation.  The World Bank
(http://web.worldbank.org/WBSITE/EXTERNAL/PROJECTS/PROCUREMENT/0,,pagePK
:84271~theSitePK:84266,00.html) provides similar guidance.  The OECD's
"Instructions to Tenderers" are very similar to those used by ICANN in
the sTLD 2004 process and in the Request for Proposal for the GNSO
Review.  They can be found at
(http://www.oecd.org/site/0,2865,en_21571361_33635822_1_1_1_1_1,00.html)

4.      These terms and conditions are only part of the equation of
"process, transparency and consistency".   The references set out below
are relevant to this PDP as they address pricing and licensing issues
which are part of the Terms of Reference.  For example, the Australian
Competition and Consumer Commission has produced Model Terms and
Conditions for its interconnection agreements
(http://www.accc.gov.au/content/index.phtml/itemId/337341).  In
addition, it provides a statement on assessing price modifications for
those agreements
(http://www.accc.gov.au/content/index.phtml/itemId/700599/fromItemId/557
546).  

5.      In the same vein, Singapore provides publicly available
information about its interconnection pricing negotiations
(http://www.ida.gov.sg/idaweb/pnr/infopage.jsp?infopagecategory=intercon
nection:pnr&versionid=5&infopageid=I3539).   In addition, Singapore's
policy framework for price control can be found here
(http://www.ida.gov.sg/idaweb/pnr/infopage.jsp?infopagecategory=competit
ion:pnr&versionid=1&infopageid=I1313)

6.      Some Taskforce Members referred to licensing guidelines which
may help the Taskforce.  These include the World Bank report on mobile
license renewal found at
(http://wwwwds.worldbank.org/servlet/WDSContentServer/WDSP/IB/2005/09/23
/000016406_20050923113019/Rendered/PDF/wps3729.pdf

7.      A comparative paper, again from Singapore, sets out its
licensing guidelines and deals with renewal and pricing issues.  The
guidelines also provide, on line, a list of licensees in a similar way
to that which ICANN lists registry providers.
(http://www.ida.gov.sg/idaweb/doc/download/I1300/FBO_Guidelines-_14Dec20
05.pdf)

8.      There are other reports which Taskforce Members may find useful
including the US Federal Trade Commissioner's plain English guide to
anti-trust provisions in the US found at
http://www.ftc.gov/bc/compguide/index.htm.  The European Commission
provides similar information about its role within the European Union
found at http://ec.europa.eu/comm/dgs/competition/mission/.

 

 

________________________________

From: owner-pdp-pcceg-feb06@xxxxxxxxx
[mailto:owner-pdp-pcceg-feb06@xxxxxxxxx] On Behalf Of Liz Williams
Sent: Tuesday, June 13, 2006 10:23 AM
To: pdp-pcceg-feb06@xxxxxxxxxxxxxx
Subject: [pdp-pcceg-feb06] Updated comments

 

Colleagues

 

Just a reminder to you all if you have any further comments on the draft
Report which you would like included.  I will be distributing an updated
version of the Report by COB Brussels time, Friday 16 June.

 

Kind regards.

 

Liz

.....................................................

 

Liz Williams

Senior Policy Counselor

ICANN - Brussels

+32 2 234 7874 tel

+32 2 234 7848 fax

+32 497 07 4243 mob