Page History

• Category: gTLD gTLDs
• Topic: Approval to Enter into .XXX sTLD Contract Negotiations
• Board meeting date: 1 June 2005
• Resolution number: 05.32, 05.33
• URL for Board minutes/resolution: http://www.icann.org/en/minutes/minutes-01jun05.htm
• Status: Completed

Summary

Board authorizes the President and General Counsel to enter into negotiations for the .XXX sTLD contract and to present any negotiated terms to the Board for approval and authorization.

Text

Vinton Cerf introduced the discussion which was carried over from the last Board Meeting. The topics of discussion among board members, liaisons and staff surrounded the adequacy of the application with particular focus on the "sponsored community" issues among others. Hagen Hultzsch moved for a vote on the below resolutions and Joichi Ito seconded the following resolution:

unmigrated-wiki-markup

Resolved \ [05.32\] the Board authorizes the President and General Counsel to enter into negotiations relating to proposed commercial and technical terms for the .XXX sponsored top-level domain (sTLD) with the applicant.

Wiki MarkupResolved \ [05.33\] if after entering into negotiations with the .XXX sTLD applicant the President and General Counsel are able to negotiate a set of proposed commercial and technical terms for a contractual arrangement, the President shall present such proposed terms to this board, for approval and authorization to enter into an agreement relating to the delegation of the sTLD.

The Board approved these resolutions by a vote of 6-3 with two abstentions.

Affirmative votes were cast by Vinton Cerf, Hagen Hultzsch, Joichi Ito, Veni Markovski, Vanda Scartezini, and Paul Twomey. Negative votes were cast by Raimundo Beca, Alejandro Pisanty and Hualin Qian. The following Board Members abstained from voting: Demi Getschko and Michael Palage.

Implementation Actions

• Enter into negotiations for the .XXX Sponsored TLD Registry Agreement.
  • Responsible entity: President and General Counsel
  • Due date: None provided
  • Completion date: 1 August 2005
• Present negotiated terms to the Board.
  • Responsible entity: President and General Counsel
  • Due date: None provided
  • Completion date: 15 September 2005

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

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• 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
• Resolution 05.75 authorizing Authorization for President and General Counsel to further negotiate terms of .XXX Sponsored TLD Registry Agreement on 15 September 2005 Resolution 05.75 , available  at: http://www.icann.org/en/minutes/minutes-15sep05.htm.
• Resolution 06.12 directing President and General Counsel directed to analyze all public comments for revision of the .XXX Sponsored TLD Registry Agreement on 31 March 2006 Resolution 06.12 , available at: http://www.icann.org/en/minutes/minutes-31mar06.htm. 
• Board directs Resolution 07.09 directing ICM to publish for public comment a revision to the proposed .XXX Sponsorship TLD Registry Agreement for public comment on 12 February 2007 Resolution 07.09 at, available at: http://www.icann.org/en/minutes/minutes-12feb07.htm.
• Board rejects Resolution 07.18 rejecting the ICM revision of the .XXX Sponsored TLD Registry Agreement on 30 March 2007 Resolution 07.18 , 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

• 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 proposed .XXX Sponsored TLD Registry Agreement was posted on 9 August 2005 on the ICANN website.  See Proposed Sponsored TLD Registry AgreementProcess 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.&nbsp
• 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.

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