[At-Large] Fwd: Approved Resolutions | Meeting of the New gTLD Program Committee | ICANN

Thu Jul 4 16:25:17 UTC 2013

Board NGPC Resolutions on a few matters....

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Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
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From:
http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-02jul13-en.htm

Approved Resolutions | Meeting of the New gTLD Program Committee

2 July 2013
1.   Main Agenda:

a.   Revised BGC Recommendation on Reconsideration Request 13-3

Whereas, the Noncommercial Users Stakeholders Group's ("NCSG")
Reconsideration Request, Request 13-3, sought reconsideration of the staff
action of 20 March 2013 regarding "Trademark Claims Protections for
Previously Abused Names".

Whereas, the BGC considered the issues raised in Reconsideration Request
13-3, as well as the issues brought to and discussed by the GNSO Council
regarding some of the language in the BGC's Recommendation.

Whereas, the BGC revoked its initial recommendation, and issued a Revised
BGC Recommendation on Reconsideration Request 13-3, which ultimately
recommended that no further action was warranted with respect to Request
13-3.

Resolved (2013.07.02.NG01), the New gTLD Program Committee adopts the
Revised BGC Recommendation on Reconsideration Request 13-3
http://www.icann.org/en/groups/board/governance/reconsideration/recommendation-ncsg-25jun13-en.pdf

Resolved (2013.07.02.NG02), the New gTLD Program Committee directs ICANN's
President and CEO to assure that the issues raised within Request 13-3 are
brought to the ongoing community discussion on policy versus implementation
within ICANN.

b.   Initial Protection for IGO Identifiers

Whereas, the GAC met during the ICANN 46 meeting in Beijing and issued a
Communiqué on 11 April 2013 ("Beijing Communiqué");

Whereas, the Beijing Communiqué reiterated the GAC's previous advice to the
Board that "appropriate preventative initial protection for the IGO names
and acronyms on the provided list be in place before any new gTLDs would
launch" (the "IGO GAC Advice").   The IGO GAC Advice is identified in the
GAC Register of Advice as 2013-04-11-IGO;

Whereas, in response to a number of issues raised by the Board, the GAC
noted in the Beijing Communiqué that it is "mindful of outstanding
implementation issues" and that it is committed to "actively working with
IGOs, the Board, and ICANN Staff to find a workable and timely way forward";

Whereas, the NGPC met on 8 and 18 May and 4, 11 and 18 June 2013 to
consider a plan for responding to the advice on the New gTLD Program,
including the IGO GAC Advice;

Whereas, in a 6 June 2013 response letter to the GAC on the IGO GAC Advice,
the ICANN Board Chairman proposed that a small number of NGPC members and
ICANN staff begin a dialogue with the GAC on these issues
http://www.icann.org/en/news/correspondence/crocker-to-dryden-2-06jun13-en ;

Whereas, the NGPC met on 25 June 2013 to further discuss and consider its
plan for responding the GAC's advice in the Beijing Communiqué on the IGO
GAC Advice;

Whereas, the final draft of the New gTLD Registry Agreement posted for
public comment on 29 April 2013
http://www.icann.org/en/news/public-comment/base-agreement-29apr13-en.htm
 includes
IGO protections, but does not yet specify the names and acronyms to be
protected;

Whereas, the NGPC is undertaking this action pursuant to the authority
granted to it by the Board on 10 April 2012, to exercise the ICANN Board's
authority for any and all issues that may arise relating to the New gTLD
Program.

Resolved (2013.07.02.NG03), the NGPC confirms that appropriate preventative
initial protection for the IGO identifiers will continue to be provided as
presented in the proposed New gTLD Registry Agreement posted for public
comment on 29 April 2013
http://www.icann.org/en/news/public-comment/base-agreement-29apr13-en.htm
while the GAC, NGPC, ICANN Staff and community continue to actively work
through outstanding implementation issues.

Resolved (2013.07.02.NG04), the NGPC determines that pursuant to
Specification 5 in the proposed New gTLD Registry Agreement posted for
public comment on 29 April 2013
http://www.icann.org/en/news/public-comment/base-agreement-29apr13-en.htm ,
registry operators will implement temporary protections for the IGO names
and acronyms on the "IGO List dated 22/03/2013" attached to this Resolution
as Annex 1  until the first meeting of the NGPC following the ICANN 47
Meeting in Durban.

Resolved (2013.07.02.NG05), the NGPC will dialogue with the GAC prior to
its first meeting following the ICANN 47 meeting in Durban to work through
outstanding implementation issues concerning protections for IGO names and
acronyms.

Resolved (2013.07.02.NG06), if the NGPC and GAC do not reach an agreement
on outstanding implementation issues for protecting IGO names and acronyms
by the first meeting of the NGPC following the ICANN 47 meeting in Durban,
and subject to any matters that arise during the discussions, the NGPC
determines that registry operators will be required to protect only the IGO
names identified on the GAC's "IGO List dated 22/03/2013" attached to this
Resolution as Annex 1 .

c.  Category 1 Safeguard Advice from GAC

Whereas, the GAC met during the ICANN 46 meeting in Beijing and issued a
Communiqué on 11 April 2013 ("Beijing Communiqué");

Whereas, the Beijing Communiqué included Category 1 safeguard advice, which
is identified in the GAC Register of Advice as
2013-04-11-Safeguards-Categories-1 (the "Category 1 Safeguard Advice");

Whereas, on 23 April 2013, ICANN initiated a public comment forum to
solicit the community's input on how the NGPC should address GAC advice
regarding safeguards applicable to broad categories of New gTLD strings
http://www.icann.org/en/news/public-comment/gac-safeguard-advice-23apr13-en.htm
 ;

Whereas, the NGPC met on 8 and 18 May and 4, 11, 18 and 25 June 2013 to
consider a plan for responding to the GAC's advice on the New gTLD Program,
including the Category 1 Safeguard Advice;

Whereas, the NGPC met on 2 July 2013 to further discuss and consider its
plan for responding the GAC's advice in the Beijing Communiqué on the New
gTLD Program;

Whereas, the NGPC has considered the public comments on the Category 1
Safeguard Advice submitted during the public comment forum; and

Whereas, the NGPC is undertaking this action pursuant to the authority
granted to it by the Board on 10 April 2012, to exercise the ICANN Board's
authority for any and all issues that may arise relating to the New gTLD
Program.

Resolved (2013.07.02.NG07), the NGPC agrees to begin a dialogue with the
GAC during the ICANN Meeting in Durban to clarify the scope of the
requirements provided in the Category 1 Safeguard Advice. (Note: the
dialogue with the GAC on Category 1 will also include discussion of GAC's
Category 2.1 Safeguard Advice regarding "Restricted Access" since that
advice applies to the strings listed under Category 1.)

Resolved (2013.07.02.NG08), the NGPC directs staff to defer moving forward
with the contracting process for applicants who have applied for TLD
strings listed in the GAC's Category 1 Safeguard Advice, pending a dialogue
with the GAC.

d.  Registry Agreement

Whereas, the new generic Top-Level Domain (New gTLD) Program was developed
to increase competition and choice by introducing new gTLDs into the
Internet's addressing system;

Whereas, the Applicant Guidebook (AGB) was produced to define the New gTLD
Program, and included a draft New gTLD Registry Agreement to be entered
into by successful applicants and ICANN before proceeding to delegation;

Whereas, on 5 February 2013, ICANN posted for public comment a proposed
"Revised New gTLD Registry Agreement Including Additional Public Interest
Commitments Specification," which announced proposed revisions to the
agreement in response to developments since the last posting of the AGB in
June 2012 and a general review of the contractual needs of the New gTLD
Program;

Whereas, on 29 April 2013, ICANN posted for public comment the "Proposed
Final New gTLD Registry Agreement," which included certain updates and
changes to the New gTLD Registry Agreement in response to community
feedback on the version of the New gTLD Registry Agreement posted for
public comment on 5 February 2013 and discussions of the agreement at the
ICANN 46 meeting in Beijing, China;

Whereas, ICANN and a group selected by the Registry Stakeholder Group, the
Registry Negotiating Team, have continued negotiating the proposed terms of
the New gTLD Registry Agreement;

Whereas, the GAC met during the ICANN 46 meeting in Beijing and issued
advice in a Communiqué on 11 April 2013 ("Beijing Communiqué");

Whereas, on 23 April 2013, ICANN initiated a public comment forum to
solicit the community's input on how the NGPC should address GAC advice in
the Beijing Communiqué regarding safeguards applicable to broad categories
of New gTLD strings
http://www.icann.org/en/news/public-comment/gac-safeguard-advice-23apr13-en.htm
 ;

Whereas, the Beijing Communiqué included advice, which if implemented as
suggested by the community, in some cases would require revisions to the
New gTLD Registry Agreement;

Whereas, on 25 June 2013, the NGPC adopted resolutions to revise the New
gTLD Registry Agreement to respond to certain elements of the GAC's
safeguard advice in the Beijing Communiqué
http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-25jun13-en.htm#2
 ;

Whereas, the NGPC has considered all of the comments received from the
community from the various public comment forums, and has determined that
the revised New gTLD Registry Agreement attached to this Resolution as
Annex 1 includes significant improvements in response to the concerns
raised by the community; and

Whereas, the NGPC is undertaking this action pursuant to the authority
granted to it by the Board on 10 April 2012, to exercise the ICANN Board's
authority for any and all issues that may arise relating to the New gTLD
Program.

Resolved (2013.07.02.NG09), the NGPC approves the form of the New gTLD
Registry Agreement attached to this Resolution as Annex 1;

Resolved (2013.07.02.NG10), the President and CEO is authorized to take all
necessary steps to implement the revised New gTLD Registry Agreement and to
move forward with implementation of the New gTLD Program.

e.    ALAC Statement on TMCH/Variants - Discussion of letter

No resolution taken.

--
David A. Olive
Vice President, Policy Development Support
Internet Corporation for Assigned Names and Numbers (ICANN)
ICANN Regional Headquarters -Istanbul
Hakki Yeten Cad. Selenium Plaza No:10/C K:5&6
34349 Fulya, Besiktas, Istanbul, Turkey
Tel: +90.212.381.8727
Fax: +90.212.381.8731
Mobile: +1. 202.341.3611

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