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Notes/ Action Items
ACTION ITEMS/HOMEWORK:
Transfer Policy Review - Meeting #102 Proposed Agenda 29 August 2023Notes: 1. Welcome and Chair updates
2. Continue discussion of Preliminary Agreements from Charter Question i1 (Full Portfolio Transfers AKA Bulk Transfers) and Charter Question i2 (Change of Sponsorship AKA Partial Bulk Transfers)
Preliminary Agreement #1: The Working Group recommends that a Registry Operators MAY charge a fee to implement a full domain name portfolio transfer* from one ICANN-accredited registrar to another ICANN-accredited registrar. The Working Group recognizes that there may be instances where the Registry Operator MAY waive this fee.**
Discussion:
Discussion:
→ Concept 1: The Working Group recognizes that a fee may be involved in a full portfolio transfer but believes flexibility is necessary, and the number should not be explicitly prescribed in the Transfer Policy. → Concept 2: The Working Group also recognizes, however, that a price ceiling is helpful to include in the policy language to avoid abusive pricing in order to promote transparency in pricing. → Concept 3: In light of Concept 2, the Working Group believes the total fee for a full portfolio transfer must not exceed [$50,000 or $1.00 per domain name transferred].
→ Concept 4: If the full portfolio transfer involves multiple registries, the affected registries must ensure the collective fee does not exceed the recommended ceiling, and the fee should be apportioned based on number of domain names. By way of example, if a registrar has 60,000 domains under management under two TLDs, e.g., 40,000 names under .ABC, and 20,000 names under .DEF, the combined fee cannot exceed $50,000 USD (per concept 3). Since two thirds of the names under management are registered to .ABC, .ABC registry may bill the GainingRegistrar for up to 66.66% of the total fee [of $50,000], e.g., up to $33,333.33, and .DEF may bill the Gaining Registrar for up to the remaining33.33% of the total fee [of $50,000], e.g., up to $16,666.67. Discussion:
ACTION ITEM: Preliminary Agreement #5, Concepts 3 & 4 – Staff to list the 5 questions posed during the call within the TPR Working Document. WG members to review and respond to these questions before their next meeting (12 September). i2) Should the scope of voluntary bulk transfers, including partial bulk transfers, be expanded and/or made uniform across all registry operators? If so, what types of rules and considerations should govern voluntary bulk transfers and partial bulk transfers? Poll Questions to WG: 1. Do you support the scope of voluntary bulk transfer, including partial bulk transfer, being expanded and/or made uniform across all registry operators via an update to the Transfer Policy? (would apply to all registries) Yes: 13 (72%) No: 2 (11%) Not Sure: 3 (17%) 2. Do you support the scope of voluntary bulk transfer, including partial bulk transfer, being expanded and/or made uniform across all registry operators who offer the BTAPPA via recommended updates to the BTAPPA? Yes: 11 (58%) No: 3 (16%) Not Sure: 5 (26%)
Preliminary Agreement #1 (Change of Sponsorship) (AKA BTAPPA): In the event a change of sponsorship is permitted by the Registry Operator, Registrars shall either notify or ensure their Resellers (where applicable) notify affected Registrants at least [30 days] before the change of sponsorship will occur [and provide opt out instructions where applicable]. Discussion:
Preliminary Agreement #4 (Change of Sponsorship): The losing registrar’s existing Registration Agreement with customers must permit the transfer of domain names in the event of the scenarios described in the Transfer Policy with respect to a change of sponsorship. [Additionally, prior to initiating the transfer, the losing registrar must ensure that they, or their Resellers (where applicable), have confirmed the affected registrants have agreed to the terms.] Discussion:
ACTION ITEM: Charter Question i2) – WG members to provide their comments/suggestions in the Working Document regarding whether the scope of voluntary bulk transfers, including partial bulk transfers, should be expanded and/or made uniform across:
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