• Category:  gTLD
  • Topic:  Applicant Guidebook For New gTLDs
  • Board meeting date: 18 March 2011
  • Resolution number: 2011.03.18.14, 2011.03.18.15, 2011.13.18.15, 2011.03.18.16, 2011.03.18.17
  • URL for Board minutes/resolution: http://www.icann.org/en/minutes/resolutions-18mar11-en.htm#3
  • Status:  Completed

Summary

Board adopts a working timeline for completion of the Applicant Guideline and launch of the New gTLD process, targets 15 April 2011 as the date for publication of a final response to the GAC Scorecard, and intends to complete the process at an extraordinary meeting of the Board to be held on Monday, 20 June 2011.

Text

Whereas, the Board and Governmental Advisory Committee held a successful intersessional meeting in Brussels with the intention to identify areas of difference between the proposed implementation and the GAC's advice, and, where possible, reach agreement on those issues.

Whereas, the Board and GAC have conducted in-depth discussions during the San Francisco meeting to continue the good-faith effort to reach mutually acceptable solutions on the issues identified by the GAC in its Scorecard.

Whereas, the Board has reviewed and considered the comments made by constituency groups, stakeholder groups, and individuals in the broader community during the San Francisco meeting.

Whereas, ICANN Bylaws Article XI, Section 2.1j provides that "The advice of the Governmental Advisory Committee on public policy matters shall be duly taken into account, both in the formulation and adoption of policies. In the event that the ICANN Board determines to take an action that is not consistent with the Governmental Advisory Committee advice, it shall so inform the Committee and state the reasons why it decided not to follow that advice. The Governmental Advisory Committee and the ICANN Board will then try, in good faith and in a timely and efficient manner, to find a mutually acceptable solution."

Whereas, in its efforts to implement the Bylaws-mandated process, ICANN (i) developed preliminary briefing papers on each of the GAC topics identified in the GAC Communiqué from Cartagena; (ii) conducted informal calls between ICANN and GAC subject matter experts; (iii) participated in a nearly-three day meeting in Brussels with the GAC; (iv) reviewed the GAC scorecard and provided comprehensive Board notes on the scorecard.

Whereas, these inputs have been duly considered by the Board.

Resolved (2011.03.18.14), the Board thanks the GAC for the many hours of intense work preparing for and conducting the recent Board-GAC exchanges, and thanks for the community for its continuing support and cooperation.

Resolved (2011.03.18.15), the Board adopts a working timeline for completion of the Applicant Guidebook and launch of the New gTLD process as posted at http://www.icann.org/en/minutes/draft-timeline-new-gtlds-18mar11-en.pdf [PDF, 117 KB].

Resolved (2011.03.18.16), as set forth in the timetable, ICANN will target 15 April 2011 as the date for publication of a final response to the GAC Scorecard, along with Applicant Guidebook extracts showing changes.

Resolved (2011.03.18.17), the Board intends to complete the process set forth in the timeline in time for final approval of the New gTLD implementation program at an extraordinary meeting of the ICANN Board to be held on Monday, 20 June 2011, at the ICANN meetings in Singapore. (Note: the Board also intends to hold its usual meeting on Friday morning, 24 June 2011, to conclude the mid-year meeting.)

Implementation Actions

  • Publish final response to the GAC Scorecard along with Applicant Guidebook extracts showing changes. 
    •  Responsible entity: Board
    •  Due date: 15 April 2011
    •  Completion date: 15 April 2011
  • Complete process set forth in the timeline for final approval of the New gTLD implementation program at ICANN Board meeting on 20 June 2011.
    •  Responsible entity: Board
    •  Due date: 20 June 2011
    •  Completion date: 20 June 2011

Rationale

(Rationale posted with MInutes, at http://www.icann.org/en/minutes/minutes-18mar11-en.htm)

This resolution builds from the productive consultations held with the Governmental Advisory Committee in February and March. The consultations focused on the set of 12 issues identified in the GAC indicative scorecard on new gTLD outstanding issues listed in the GAC Cartagena Communiqué. Agreement was found in a number of areas within the Scorecard, and clarity was achieved on the remaining areas of difference – which enables the Board to outline a path for completion of the Applicant Guidebook. This set of 12 issues was also considered in community discussions at the Silicon Valley / San Francisco meeting. These discussions included whether the proposed revisions to the program implementation being discussed were contrary to the GNSO policy recommendations. In constructing the timeline, the Board was careful to propose revisions that met GAC objectives and were not contrary to those recommendations.

The resolution provides a timeline for additional consultation with the GAC, and publication of new program materials for comment, including incorporation of the agreed revisions to the Applicant Guidebook.

What Stakeholders or others were consulted?

The development of the New gTLD Program has included several rounds of public comment, both in the policy development process and the implementation work. This has resulted in comments from a wide range of stakeholder groups and individuals within the community.

Are there Positive or Negative Community Impacts?

The resolution is expected to have a positive community impact as it provides a means to incorporate the solutions arrived at in the Board-GAC consultations, as well as providing transparency into the expected path forward.

Why the Board is addressing the issue now?

Significant progress has been made due to the engagement between the Board and GAC prior to and during the San Francisco meeting. There has been agreement reached in some areas, and clarity achieved on areas of disagreement. It is important that the Board direct staff on the next steps in carrying forward the work of the program, and give the community visibility into the expected completion of the program's implementation.

What are the proposals being considered?

The proposals under discussion are listed in the Board response to the GAC Scorecard, see http://www.icann.org/en/topics/new-gtlds/board-notes-gac-scorecard-04mar11-en.pdf[PDF, 814 KB].

What concerns or issues were raised by the community?

A number of concerns and issues have been raised throughout the discussions on the program. These have been considered and addressed at length in the summary and analysis of comment received in each comment period. The specific issues raised by and discussed with the GAC are: 

  1. The objection procedures including the requirements for governments to pay fees;
  2. Procedures for the review of sensitive strings;
  3. Root Zone Scaling;
  4. Market and Economic Impacts;
  5. Registry – Registrar Separation;
  6. Protection of Rights Owners and consumer protection issues;
  7. Post-delegation disputes with governments;
  8. Use and protection of geographical names;
  9. Legal recourse for applicants;
  10. Providing opportunities for all stakeholders including those from developing countries;
  11.  Law enforcement due diligence recommendations to amend the Registrar Accreditation Agreement as noted in the Brussels Communiqué; and
  12. The need for an early warning to applicants whether a proposed string would be considered controversial or to raise sensitivities (including geographical names).

Each of these issues were discussed in meetings with the GAC and in documents exchanged and published between the ICANN Board and GAC. The timeline was based on the results of those discussions.

What significant materials did Board review?

The Board's review and discussion of issues at this meeting has been informed by the GAC Scorecard (see http://www.icann.org/en/topics/new-gtlds/gac-scorecard-23feb11-en.pdf [PDF, 332 KB]) and supplemental information provided by the GAC, statements provided by stakeholder groups (see http://www.icann.org/en/topics/new-gtlds/related-en.htm,) and the transcripts of sessions held with the GAC and other parts of the community.

Are there any Security, Stability or Resiliency issues relating to the DNS?

Root zone scaling was identified as an issue in the GAC Scorecard. Through discussion, this emerged as an area of agreement between GAC advice and the proposed program implementation. ICANN has made commitments to work with root zone operators to identify reporting processes and metrics so that information on the DNS is easily accessible by the community. Furthermore, a process will be implemented that enables the delegation of TLDs to be slowed or stopped in the event that there is a strain to the root zone system. ICANN has also committed to reviewing the effects of the New gTLD Program on the operations of the root zone system, and defer the delegations in the second round until it is determined that the delegations in the first round did not jeopardize root zone system security or stability.

Other Related Resolutions

Additional Information

Explanatory text does not modify or override Resolutions.  See Board Resolutions Page for more information.

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