[ALAC] Comment on proposal for the removal of existing gTLD-Registrar cross-ownership .

[Evan Leibovitch]

Hi Alan,

Thanks for doing this. I agree with your rationale ... so much so, in fact,
 that I would strengthen the ALAC comment in line with it.

So, instead of saying

"the ALAC supports the removal of cross-ownership constraints for existing
> gTLD operators. Nevertheless, [we don't like the prospect of removal of
> price caps]"


I would suggest

"the ALAC supports the removal of cross-ownership constraints for existing
> gTLD operators, on the condition that existing regulations related to price
> caps are left unchanged."


(or something like that).

In other words, I would link our support to the promise to leave the price
caps untouched.

- Evan




On 3 June 2012 19:05, Alan Greenberg <alan.greenberg at mcgill.ca> wrote:

> I was asked to evaluate whether a comment of the Proposed Revised
> Process for Handling Requests for Removal of Cross-Ownership
> Restrictions on Operators of Existing gTLDs warrants ALAC comment,
> and if so to draft such a comment. Following consultation with
> selected ALAC and At-Large members, I believe that a comment is warranted.
>
> Unfortunately other commitments have prevented me from submitting
> such a comment until today, and the first stage of the comment period
> ends on June 6th.
>
> I would suggest that if there is no substantive ALAC request to not
> submit this comment, that it be submitted prior to the deadline with
> the stated proviso that it is undergoing ALAC comment and approval.
> That would allow the ALAC to revise it if needed, and accept or
> reject it prior to the conclusion of the 2nd phase of the comment period.
>
> The details of the proposal and comment period are at
>
> http://www.icann.org/en/news/public-comment/revised-cross-ownership-restrictions-16may12-en.htm
> .
>
> My concern is that one of the options provided is that existing
> registry operators (and specifically .com, .net and .org) can either
> request amendment of their agreements to remove cross-ownership
> restrictions, or can transition  to the agreement to be used by all
> new gTLD operators. If they chose the latter path, along with the
> removal  of the restrictions on cross ownership, they would also
> remove the price caps that are in existing agreements. This I feel
> could be of great detriment to Internet users.
>
> My proposed comment follows.
>
> Alan
> ==========================
>
> The ALAC and At-Large have multiple opinions on whether the removal
> of Cross-Ownership Restrictions for gTLD Operators will be to the
> benefit or detriment of users, or in fact, the domain ecosystem.
> There is, however, a unified position that whatever the environment
> is, with certain constraints, there should be a level playing field
> for all gTLD operators.
>
> As such, the ALAC supports the removal of cross-ownership constraints
> for existing gTLD operators.
>
> Nevertheless, the ALAC does have one concern with the proposal, and
> that is the option for existing gTLD operators to transition to the
> new gTLD agreement. That transition would be subject to limits
> related to competition issues raised by the removal of the
> cross-ownership restrictions. The document is silent on other results
> of such a transition, and particularly the removal of price caps on
> existing operators.
>
> The ALAC does not believe that there is sufficient proof at this time
> to indicate that the new gTLD environment will so significantly
> change the gTLD market so that price caps are no longer required for
> the dominant gTLDs. As such, no change driven by the removal of
> cross-ownership restrictions should at the same time remove the price
> caps in the current agreements for dominant gTLDs without substantive
> community involvement.
>
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>



-- 
Evan Leibovitch
Toronto Canada

Em: evan at telly dot org
Sk: evanleibovitch
Tw: el56