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The call for the Transfer Policy Review PDP Working Group will take place on Tuesday, 03 October 2023 at 16:00 UTC for 90 minutes.
For other places see: https://tinyurl.com/2rz29rxj
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PROPOSED AGENDA 1.Welcome and Chair updates 2.Continued discussion of 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?
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?
Should proposed BTAPPA updates apply to:
OR 2. all registry operators who offer the BTAPPA (via recommended updates to the BTAPPA) 3.Outstanding question re: EPDP Phase 1, Rec. 27 Wave 1 Report – Transfer Dispute Resolution Policy
4.AOB BACKGROUND DOCUMENTS |
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Apologies: Jody Kolker (RrSG), Catherine Merdinger (RrSG), Jim Galvin (RySG) Alternates: Christopher Patterson (RrSG), Heidi Revels (RrSG) |
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GNSO transcripts are located on the GNSO Calendar |
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Notes/ Action Items ACTION ITEMS/HOMEWORK 1. Staff to update the draft recommendations based on today’s discussion 2. WG members to review the updates and provide feedback by COB Monday, 09 Oct
NOTES: 1. Welcome and Chair updates 2. Continued discussion of Charter Question i1 (Full Portfolio Transfers AKA Bulk Transfers) and Charter Question i2 (Change of Sponsorship AKA Partial Bulk Transfers) Recap of 26 September meeting: The different options for policy language can be found here: https://docs.google.com/document/d/1b0KIvhRyyO5QSEI4DB4vP78muKvqHneaXOZTcvIiBPQ/edit?usp=sharing [docs.google.com]
Option 1: remove reference to fees Option 2: Remove Price Ceiling Option 3: Retain price ceiling + add apportionment of fees among Registries Option 4: Algorithm
Prelim Rec. xx.1: The Working Group recommends that upon satisfaction of the two conditions described in I.B.1.1 and I.B.1.2, Registry Operator(s) MUST make the necessary one-time changes in the Registry database. The Registry Operator(s) MAY charge the Gaining Registrar a fee for making the change; however, the total fee MUST NOT exceed USD $50,000. Discussion:
Prelim Rec. xx.2: The Working Group recommends that if the full portfolio transfer involves multiple Registry Operators, the affected Registry Operators MUST ensure the collective fee does not exceed the recommended ceiling of USD $50,000, and the fee MUST be apportioned based on the number of domain names. Discussion:
Prelim. Rec. xx.3: The Working Group recommends that If the full portfolio transfer involves multiple Registry Operators, and one or more affected Registry Operator chooses to waive its portion of the collective fee, the remaining Registry Operators MUST NOT adjust their fees to a higher percentage due to another Registry Operator’s waiver.1
Prelim. Rec. xx.5: The Working Group recommends that following receipt of notices from all affected Registry Operators, ICANN MUST send a notice to affected Registry Operators with the reported numbers and corresponding percentages of domain names involved in the bulk transfer, e.g., 26% of names for .ABC and 74% of names for .DEF. The Registry Operators MAY then charge the Gaining Registrar a fee according to their schedule.
Prelim. Rec. xx.6: The Working Group recommends that the Registry Operator MAY waive the fee associated with effecting an ICANN-approved transfer; however, the Working Group recommends that in cases of involuntary bulk transfers, the Registry Operator MUST waive fees associated with affecting the transfer. Discussion:
Clarifying question previously posed to participants: Should the scope of voluntary bulk transfers, including partial bulk transfers, be expanded and/or made uniform across: 1 . all registry operators (via an update to the Transfer Policy), OR 2. all registry operators who offer the BTAPPA (via recommended updates to the BTAPPA) Following the previous WG call, Support Staff had the action item to determine how many Registry Operators are currently approved to offer BTAPPA, provided below:
Discussion:
Preliminary Recommendation 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 no less than 30 days before the change of sponsorship is expected to occur. This notification* must provide [instructions on (i) how to opt out (if applicable) (ii) how to transfer the name to a registrar other than the Gaining Registrar [by x date] if desired], (iii) the expected date of the change of sponsorship, (iv) the name of the Gaining Registrar, and (v) a link to the Gaining Registrar’s (or their Reseller’s) terms of service. Discussion:
Preliminary Recommendation 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.
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