- Category: gTLDs
- Topic: Negotiations with ICM for .XXX Sponsored TLD Registry Agreement
- Board meeting date: 31 March 2006
- Resolution number: 06.12
- URL for Board minutes/resolution: http://www.icann.org/en/minutes/minutes-31mar06.htm
- Status: Completed
Summary
Board directs the President and General Counsel to analyze all public input to the proposed .XXX Sponsored TLD Registry Agreement, to continue negotiations with ICM, and to return to the Board with recommendaitons.
Text
Veni Markovski introduced a resolution, seconded by Hagen Hultzsch:
Whereas, on 1 June 2005, the ICANN Board authorized the President and General Counsel to enter into negotiations with ICM Registry LLC relating to proposed commercial and technical terms for the .XXX sponsored top-level domain.
Whereas, on 9 August 2005, the proposed .XXX sponsored TLD registry agreement was posted on the ICANN website <http://www.icann.org/tlds/agreements/xxx/proposed-xxx-agmt-09aug05.pdf> and submitted to the ICANN Board for approval.
Whereas, on 15 September 2005, the ICANN Board directed staff to discuss possible additional contractual provisions or modifications for inclusion in the .XXX Registry Agreement, to ensure that there are effective provisions requiring development and implementation of policies consistent with the principles in the ICM application, and to return to the board for additional approval, disapproval or advice.
Whereas, discussions between ICANN and ICM Registry have continued, and additional public input has been received concerning the terms of the proposed sTLD agreement.
Whereas, on 30 March 2006, ICANN's Governmental Advisory Committee issued a communique identifying public policy issues relating to the ICM Registry application <http://gac.icann.org/web/communiques/gac24com.pdf>.
Resolved (06.12), the President and the General Counsel are directed to analyze all publicly received inputs, to continue negotiations with ICM Registry, and to return to the Board with any recommendations regarding amendments to the proposed sTLD registry agreement, particularly to ensure that the TLD sponsor will have in place adequate mechanisms to address any potential registrant violations of the sponsor's policies.
Following discussion, a vote was taken on the resolution, which the Board adopted by a 12-0 vote with three abstentions (Michael Palage, Alejandro Pisanty, and Hualin Qian abstained for reasons stated in the real-time transcription <http://www.icann.org/meetings/wellington/captioning-board-31mar06.htm>).
Implementation Actions
- Analyze all publicly received inputs to .XXX Sponsored TLD Registry Agreement.
- Responsible entity: President and General Counsel
- Due date: None provided
- Completion date: 10 May 2006
- Continue negotiations with ICM for Sponsored TLD Registry Agreement.
- Responsible entity: President and General Counsel
- Due date: None provided
- Completion date: 10 May 2006
- Provide recommendations regarding amendments to the proposed .XXX Sponsored TLD Registry Agreement.
- Responsible entity: President and General Counsel
- Due date: None provided
- Completion date: 10 May 2006
Other Related Resolutions
- Resolution 01.74 - Board directs President to form and chair New TLD Evaluation Process Planning Task Force (NTEPPTF): http://www.icann.org/en/minutes/prelim-report-04jun01.htm
- Resolution 02.97, 02.97A - Board accepts NTEPPTF report and directs President to produce plan for action for approval by Board at October 2002 meeting in Shanghai, China: http://www.icann.org/en/minutes/prelim-report-23aug02.htm
- Resolutions 02.150, 02.151, and 02.152: Board authorizes President to implement NTEPPTF recommendations in Action Plan, requests GNSO to provide recommendation on structure of generic tol level namespace, and directs President to develop draft Request for Proposals: http://www.icann.org/en/minutes/prelim-report-15dec02.htm#AnnualMeetingoftheTransitionBoard
- Resolution 03.112 and 03.113 - Board invites public comment on draft request for proposals for sTLDs; requests President to provide to Board detailed plan and schedule for development of appropriate long-term policy for introduction of new gTLDs: http://www.icann.org/en/minutes/prelim-report-26jun03.htm
- Resolutions 03.166, 03.167, and 03.168 - Board calls for the development of process and policy for streamlining introduction of new gTLDs as specified in ICANNs MoU with the U.S. Department of Commerce: http://www.icann.org/en/announcements/advisory-31oct03.htm
- Resolutions 03.169, 03.170, and 03.171 - Board resolves to negotiate agreement reflecting commercial and technical terms upon completion of sTLD selection, resolves that selection process and implementation for sTLDs will be evaluated, and directs President to finalize and post open Request for Proposals for limited number of new sTLDs: http://www.icann.org/en/announcements/advisory-31oct03.htm
- Authorization for President and General Counsel to negotiate terms of .XXX Sponsored TLD Registry Agreement on 1 June 2005 Resolutions 05.32 and 05.33 at: http://www.icann.org/en/minutes/minutes-01jun05.htm.
- Resolution 05.75 authorizing President and General Counsel to further negotiate terms of .XXX Sponsored TLD Registry Agreement, available at: http://www.icann.org/en/minutes/minutes-15sep05.htm.
- Resolution 06.12 directing President and General Counsel to analyze all public comments for revision of the .XXX Sponsored TLD Registry Agreement, available at: http://www.icann.org/en/minutes/minutes-31mar06.htm.
- Resolution 07.09 directing ICM to publish for public comment a revision to the proposed .XXX Sponsorship TLD Registry Agreement, available at: http://www.icann.org/en/minutes/minutes-12feb07.htm.
- Resolution 07.18 rejecting the ICM revision of the .XXX Sponsored TLD Registry Agreement, available at: http://www.icann.org/en/minutes/resolutions-30mar07.htm#_Toc36876524.
- Resolutions 2010.03.12.09-11 considering the Independent Review Panel Declaration on the ICM application and directing the posting of process options, at http://www.icann.org/en/minutes/resolutions-12mar10-en.htm#15.
- Resolutions 2010.06.25.19 - 23 further considering the Panel declaration, accepting certain of the panel findings, and authorizing due diligence and draft contract negotiations, taking into account GAC advice, at http://www.icann.org/en/minutes/resolutions-25jun10-en.htm#5.
- Resolutions 2010.08.05.21 - 23, authorizing staff to post the draft Registry Agreement and Due Diligence materials for public comment, and provide a recommendation regarding whether the proposed Registry Agreement is consistent with GAC advice, at http://www.icann.org/en/minutes/resolutions-05aug10-en.htm#9.
- Resolutions 2010.10.28.18 - 19 regarding Board consultation with the GAC about the ICM application, at http://www.icann.org/en/minutes/resolutions-28oct10-en.htm.
- Other resolutions TBD.
Additional Information
- ICM presented the Sponsored TLD Registry Agreement to the Board at the 18 April 2006 Regular Meeting. The Chairman of the Board indicated that additional discussions and a possible vote on the agreement would be held at the next meeting. http://www.icann.org/en/minutes/minutes-18apr06.htm.
- ICM's proposed version of the .XXX Sponsored TLD Registry Agreement was presented to the Board at the 10 May 2006 Special Meeting. The Board voted against the proposed agreement at the 10 May 2006 Special Meeting. http://www.icann.org/en/minutes/minutes-10may06.htm.
- The Board directed ICM to publish a revision to the proposed .XXX Sponsorship TLD Registry Agreement for public comment at the 12 February 2007 Special Meeting. See 12 February 2007 Resolution 07.09 at: http://www.icann.org/en/minutes/minutes-12feb07.htm.
- A chronological history of ICM's Application to ICANN is available at http://www.icann.org/en/irp/icm-v-icann/icm-icann-history-21feb10-en.pdf and contains links to all iterations of the proposed Registry Agreement.
- Documents relating to ICM's Request for Independent Review of 2007 denial of its application are available at http://www.icann.org/en/irp/icm-v-icann.htm.
- The Process Options for consideration of ICM's application in 2010, and comments thereon, are available at http://www.icann.org/en/public-comment/public-comment-201005-en.htm#icm-options-report.
- ICM's 2010 proposed draft Registry Agreement and Due Diligence materials is available at http://www.icann.org/en/public-comment/public-comment-201009-en.htm#xxx-revised-icm-agreement. 
- For information on the introduction of sTLDs in 2003 - 2004, please refer to: http://www.icann.org/en/tlds/stld-apps-19mar04/
- To review public comments submitted on the 2003 round, refer to: http://forum.icann.org/mtg-cmts/stld-rfp-comments/general/index.html
- To review the Status Reports on the 2003 round, refer to: http://www.icann.org/en/tlds/stld-apps-19mar04/PostsTLDStatusRpt.pdf
- 15 December 2003 - New sTLD Application: http://www.icann.org/en/tlds/new-stld-rfp/new-stld-application-parta-15dec03.htm
- 24 June 2003 - Request for Proposals, Establishment of new sTLDs (Draft for Public Comment): http://www.icann.org/en/tlds/new-stld-rfp/new-stld-rfp-24jun03.htm
- 19 March 2004 - Status Report on sTLD Evaluation Process: http://www.icann.org/en/tlds/stld-apps-19mar04/stld-status-report.pdf
- Some analysis of the sTLD program is available in Staff's 24 September 2004 report on a strategy for introducing New gTLDs, at http://www.icann.org/en/tlds/new-gtld-strategy.pdf, and additional information can be found in the documentation of the New gTLD program, at http://www.icann.org/en/topics/new-gtlds/related-en.htm.
- The resolution does not address funding for the items identified herein.
Explanatory text does not modify or override Resolutions. See Board Resolutions Page for more information.
