Re: [pdp-pcceg-feb06] Updated comments

[Liz Williams <liz.williams@xxxxxxxxx>]

Jon

Many thanks for the suggestion and I will do what I can for the next  
iteration of the report.

Liz
.....................................................

Liz Williams
Senior Policy Counselor
ICANN - Brussels
+32 2 234 7874 tel
+32 2 234 7848 fax
+32 497 07 4243 mob




On 13 Jun 2006, at 21:42, Nevett, Jonathon wrote:

> 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=prcrmnt) 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/557546).
>
> 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=interconnection: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=competition: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- 
> _14Dec2005.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