ALAC: Advice to the ICANN Board on Subsequent Procedures (R-09B)

Date IssuedDocumentReference IDCurrent Phase

 

ALAC: Advice to the ICANN Board on Subsequent Procedures (R-09B)AL-ALAC-ST-0421-02-01-EN (R-09B)

CLOSED



  1. Phase 1 Receive
  2. Phase 2 Understand
  3. Phase 3 Evaluate
  4. Phase 4 Implement
  5. Phase 5 Close
  6. Closed


DESCRIPTION

We share the Board’s concerns towards an applicant’s ability to ‘shuffle funds between private auctions’. This ability for a loser to apply proceeds from one private auction to fund their other private auctions only really benefits incumbent multi-TLD registry operators or multiple-string applicants, and clearly disadvantages single-TLD/niche applicants. With ongoing and increasing consolidation of the domain name industry, allowing private auctions will likely exacerbate the advantage for merged contracted parties, leading to less competition among registries.


DEPENDENCIES

Progress pending the New gTLD Subsequent Procedures Final Report.


STATUS UPDATES

DatePhaseTypeStatus Updates

 

ClosedPhase ChangeThis Advice Item is now Closed

 

Phase 2Board UpdateA letter (https://www.icann.org/en/system/files/correspondence/sinha-to-zuck-22may23-en.pdf) was sent to the RSSAC regarding the At-Large Advisory Committee (ALAC) Advice to the ICANN Board on the Subsequent Procedures (SubPro) Policy Development Process (PDP) Recommendations. Following the adoption of the Resolution and with the considerations described below, the Board believes that there is no further action required to address those aspects of the ALAC’s Advice relating to the Board’s decision on the Final Report, as these have already been taken One World, One Internet icann.org into account during its deliberations. Therefore, the Board regards these Advice items to have been fully considered.

 

Phase 2Phase UpdateThe ICANN Board and Org are currently reviewing and considering this advice. In December 2022, ICANN org delivered the New gTLD Subsequent Procedures Operational Assessment to the Board, which identified the ALAC's advice as an item that may need a decision or action be taken before the next round is to proceed. On 16 March 2023, the Board adopted 98 recommendations contained in the New Generic Top-Level Domain (gTLD) Subsequent Procedures (SubPro) Policy Development Process Final Report (Final Report). The Board's 16 March 2023 resolution acknowledged the ALAC's contributions on the Final Report, which was used to inform the Board's deliberations on the Final Report recommendations. The Board continues to review and consider the ALAC advice to determine whether there are actionable items that may require Board action now that the Board has taken action on a substantial number of SubPro policy recommendations. The Board anticipates that this exercise will be completed in the first half of 2023 and that a response to the advice would come before the Board takes action on the remaining SubPro policy recommendations.

 

Phase 2Phase UpdateAs noted at the joint Board-ALAC session at ICANN75, the Board greatly appreciates the ALAC's responses to the Board's questions. The Board continues to review and consider the ALAC advice, to determine whether, in addition to informing the Board’s deliberations, there are actionable items that may require Board action before (or after) the Board takes action on the SubPro policy recommendations. The Board anticipates that this exercise will be completed in the first half of 2023 and that a response to the advice would come at the time of action on the SubPro Final Report – or shortly thereafter.

 

Phase 2AP FeedbackThe ALAC reiterates that its Advice of April 16 April 2021 in respect of this topic is clear. We are instead unclear on the Board’s question and wish to refer the Board again to our said Advice.

 

Phase 2Clarifying QuestionThe Board would like to note that, in the Applicant Guidebook to the 2012 round, it states: “Applicants that are identified as being in contention are encouraged to reach a settlement or agreement among themselves that resolves the contention.” The Board would like to clarify whether the ALAC advice is intended to state a preference for resolving contention via the ICANN auction, and if so, what kind of parameters would the ALAC set around that?

 

Phase 2Phase ChangeNow Phase 2

 

Phase 1Phase UpdateAcknowledgment sent to ALAC.

 

Phase 1Phase UpdateALAC published AL-ALAC-ST-0421-02-01-EN: Advice to the ICANN Board on Subsequent Procedures: https://atlarge.icann.org/advice_statements/13823.