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Notes/ Action Items ACTION ITEMS/HOMEWORK: Staff to draft options for preliminary recommendation language for the Working Group to review and discuss on the next call. Notes:
2. Continue discussion of Preliminary Agreements [docs.google.com]from Charter Question i1 (Full Portfolio Transfers AKA Bulk Transfers) and Charter Question i2 (Change of Sponsorship AKA Partial Bulk Transfers) i1) In light of these challenges described in section 3.1.7.2 of the Final Issue Report [gnso.icann.org], should the required fee in Section I.B.2 of the Transfer Policy be revisited or removed in certain circumstances? See attached slides, starting at slide 61. i1) 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.** * Note: this could include all of the domain names a registrar has within a gTLD or all of the gTLD domain names a registrar has under management. ** A non-exhaustive list of examples where a Registry Operator may choose to waive the mandatory fee include cases where a registrar is involuntarily terminated by ICANN org due to a breach, ICANN terminates a registrar due to unresponsive to accreditation renewal notices, a registrar chooses to voluntarily cease operations with a specific TLD, etc. 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 the 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 Gaining Registrar 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 remaining 33.33% of the total fee [of $50,000], e.g., up to $16,666.67. [If .DEF registry chooses to waive its portion of the fee for the Gaining Registrar (per Preliminary Agreement #1), .ABC registry may still only bill the Gaining Registrar up to 66.67% of the total fee of [$50,000], and not adjust it to a higher percentage in light of the other registry’s waiver.] i2) Preliminary Agreement #1 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. [This notification must provide the date of the change of sponsorship, the name of the Gaining Registrar, and the Gaining Registrar’s (or their Reseller’s) terms of service.]
i2) Preliminary Agreement #1 Rationale: Advance notice would give affected registrants the ability to transfer their name elsewhere if they so desire or opt out of the transfer if that option is available. In some instances, such as a registrar consolidation where a registrar will cease to exist upon the transfer, the option to opt out may not be available. [Clarifying when the transfer will take place, to which registrar it will transfer, and what their terms of service are enables registrants to familiarize themselves with the new registrar and their terms before the change of sponsorship takes place.] i2) Preliminary Agreement #4 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, the losing registrar’s Registration Agreement must inform registrants that in the event of a change of sponsorship, the affected registrants will be deemed to have accepted the new registrar’s terms, unless the registrant transfers their domain name(s) to a different registrar prior to the change of sponsorship. Prior to initiating the transfer, the losing registrar and gaining registrar must ensure that they, or their Resellers (where applicable), have confirmed the affected registrants have agreed to the new terms.]
Review of homework: The 5 questions pertaining to (i1) Concepts are provided below:
→ 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 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]. Discussion:
2. In the current policy, there is no charge to transfer less than 50,000 domains, but transferring 50,000 or more comes with a flat fee of $50,000. Is this concept of having a minimum/“ledge” of domain names still applicable? Discussion:
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