[lac-discuss-en] New GTLDs: Draft Applicant Guidebook Now Available

[At-Large Staff]

http://www.icann.org/en/announcements/announcement-2-23oct08-en.htm

(Multilingual Versions will be posted shortly)

How to Apply for a New Generic Top-Level Domain
Draft Applicant Guidebook Now Available for Comment
New Names will Change the Face of the Internet through Innovation, Choice
and Diversity

23 October 2008 
Marina del Rey, CA

A draft 'Applicant Guidebook' for new generic top-level domains (gTLDs), is
now available for review and comment at
http://www.icann.org/en/topics/new-gtld-comments-en.htm. The draft Guidebook
provides information for those interested in applying for new generic
top-level domains.

"Since ICANN was founded 10 years ago, one of the foundational principles
has been to support competition and consumer choice in generic top-level
domains. That competition is meant to promote innovation and enhance user
choice and satisfaction" said Dr Paul Twomey, ICANN's President and Chief
Executive Officer.

"The Internet has produced great openness and innovation that has led to
changes few of us imagined. The effect of opening up the top-level of the
domain system will enable more innovation and entrepreneurial applications"
he said.

"One huge area of potential innovation will be applications for names that
are in non-Roman characters, or Internationalized Domain Names (IDNs).
Currently there are only 21 generic top-level names and they are all in
characters that look like English. There are 1.5 billion Internet users and
many non-English speakers will have the opportunity to express the whole of
a domain name in characters that look like their language," Dr Twomey said.

The draft Applicant Guidebook and accompanying material will be made
available in Arabic, Chinese, English, French, Russian and Spanish according
to ICANN's translation policy. The modules contain information on the
evaluation fee, the application process and evaluation criteria, as well as
background material.

Designed to accompany the draft Applicant Guidebook is a set of Explanatory
Memoranda ( 
http://www.icann.org/en/announcements/announcement-2-21oct08-en.htm ) that
are intended to assist understanding of the implementation work for new
gTLDs. In addition, two new papers: "Cost Considerations of the new gTLDs
Program" and "Summary of Changes to Base Agreement for New gTLDs" are also
being released and complete the explanatory memoranda.

Amongst the 6 modules and over 200 pages of the draft Guidebook and
Memoranda, some key areas of interest are:

How contested strings (or names) will be determined;
How applications for geographic names will be considered;
Technical requirements for new names that encompass internationalized domain
names;
The rights of intellectual property holders;
How morality and public order objections can be raised;
The cost of the evaluation process and how it is constructed.
There will be two comment periods of 45 days each. Every Government in the
world is being sent a letter to draw their attention to the draft and the
draft Guidebook remains subject to further consultation and revision.

"There has already been robust discussion and consultation regarding many
phases of the new gTLD implementation plan, but this is the first
opportunity to consider the application and evaluation processes as a
whole," Dr Twomey said. "There's been a lot of thought involved in producing
the draft Guidebook and we've used best practice and outside experts to
assist us in developing the application process. Now is the time for close
scrutiny, questions and input that will shape the end result and make it
stronger," he said.

Media Contacts:

Jason Keenan
Media Advisor, ICANN
P: +1 310 382 4004
E: jason.keenan at icann.org

Detailed Information on some key issues:

Evaluation Fee

The Evaluation Fee is designed to make the new gTLD program self-funding
only. This was a recommendation of the Generic names Supporting Organization
(GNSO). A detailed costing methodology ­ including historical program
development costs, and predictable and uncertain costs associated with
processing new gTLD applications through to delegation in the root zone ­
estimates a per applicant fee of $US185,000. This is the estimated cost per
evaluation in the first application round.

The total fee per applicant takes into account close to $US13 million
invested by ICANN since October 2007 to put the design of the implementation
program in place. It includes allocated staff time, direct consulting
expenses and other fixed costs. This cost will be allocated across the new
gTLD applications until it is reclaimed and amounts to $US26,000.

The fee also includes $US100,000 per applicant relating to both fixed and
variable costs of processing each application.

A final element of the evaluation fee is a provision for risks related to
non-standard processing of applications, or the application and evaluation
process. An analysis of these and other risk elements performed by
independent specialist, Willis Inc, the world's third largest insurance
broker and risk consultant. This analysis identified approximately $US60,
000 to be allocated to each application.

It is possible ICANN will over-collect or under-collect for the first round
of applications. If fee collection exceeds ICANN expenses, the community
will be consulted as to how that excess is to be used.

A detailed outline of the Evaluation Fee and other financial consideration
are detailed in the Explanatory Memoranda paper: "Cost Considerations for
New Top-Level Domains" (
http://www.icann.org/en/topics/new-gtld-cost-considerations-23oct08-en.pdf)
[PDF, 517K].

Protection of Rights Holders in new gTLDs

The introduction of New gTLDs is consistent with protecting the rights of
trademark holders, communities and other rights holders against abusive
registration tactics and infringement. ICANN has sought input from numerous
businesses, governments and the intellectual property community to devise an
approach to protecting the rights of third parties.

The plan outlined in the Applicant Guidebook (and corresponding Explanatory
Memoranda) addresses rights protection issues at both the top-level and the
second-level of the domain name space.

At the top-level, ICANN is implementing an objection-based process for
dispute resolution where rights holders can assert that proposed gTLD
strings would infringe their legal rights based upon generally accepted and
internationally recognized principles of law. This process is also being
developed with the understanding that it is also not unusual to have a
trademark in the same word or phrase for different products or services or
registered in different jurisdictions.

At the second-level, ICANN is implementing a process where new gTLD
applicants are required to describe their Rights Protection Mechanism (RPM)
within their applications. These RPMs will be published to the community at
the time applications are also made public. All new gTLDs will be subject to
ICANN's existing and successful Uniform Dispute Resolution Policy
(http://www.icann.org/en/udrp/#udrp).

Dispute Resolution Providers

To resolve disputes in a timely and independent fashion ICANN has
established relationships with internationally recognized dispute resolution
providers to administrate the dispute resolution processes called for as
part of ICANN's evaluation of new gTLD applications. Three providers have
been selected to provide expertise to ICANN relating to the evaluation of
the applications: The Arbitration and Mediation Center of the World
Intellectual Property Organization; The International Chamber of Commerce
(ICC); and, the International Centre for Dispute Resolution (ICDR).

The International Chamber of Commerce (ICC) has agreed in principle to
administer disputes brought pursuant to Morality and Public Order Objections
and Community Objections. The ICC is a world-renowned dispute resolution
provider based in Paris, France.

The Arbitration and Mediation Center of the World Intellectual Property
Organization has agreed in principle to administer disputes brought pursuant
to Legal Rights Objections. The WIPO Arbitration and Mediation Center, based
in Geneva, Switzerland, was established in 1994 to offer Alternative Dispute
Resolution (ADR) options for the resolution of international commercial
disputes between private parties.

Finally, the International Centre for Dispute Resolution (ICDR) has agreed
in principle to administer disputes relating to String Confusion Objections.
The ICDR, based in New York, NY, United States, has many cooperative
agreements with arbitral institutions around the world for facilitating the
administration of its international cases.

New gTLDs and the Internet - Openness. Change. Innovation.

After years of discussion and thought, new generic top-level domains (gTLDs)
are being expanded. They will allow for more innovation, choice and change
to a global Internet presently served by only 21 generic top-level domain
names.

As a not for profit corporation dedicated to coordinating the Internet's
addressing system, ICANN is not doing this to add to its revenue.  An
implementation plan is being developed with opportunities for public
comment.  There will be processes for objections. There has also been
detailed technical scrutiny to ensure the Internet's stability and security.
There will be an evaluation fee but it will recover costs only (expenses so
far, application processing and anticipated legal costs). Many thousands of
people representing organizations as diverse as domain name registries and
registrars, businesses, engineers, scientists, governments, user, academics,
and the legal fraternity have contributed.

Promoting competition and choice is one of the principles upon which ICANN
was founded. In a world with 1.5 billion Internet users (and growing),
diversity, choice and innovation are key. The Internet has supported huge
increases in choice, innovation and the competition of ideas. Expanding new
gTLDs provides further opportunities.

Find out detail at: http://www.icann.org/en/topics/new-gtld-program.htm
-- 
Regards,

Nick Ashton-Hart, Matthias Langenegger, Frederic Teboul
ICANN At-Large Staff
email: staff at atlarge.icann.org