This wiki has been set up as a consolidated place in which WG members can place their suggestions regarding the draft Final Report's following sections:
- Applicant Eligibility Requirements
- Important Clarifications on Eligibility Requirements
- Financial Need
- Ineligibility Criteria
The sections can be found below, as well as on pp. 12-17 of the draft Final Report. Please do not edit the text directly here. Instead, please place your suggestions (including suggested actual wording, if you'd like) at the bottom of the page using the "Add Comment" function. This will create a history of all comments.
As Carlton requested on 5 August, even if you introduce your suggested change during a JAS WG call, please also list it on this page.
PLEASE NOTE THAT YOU MUST BE LOGGED INTO THE CONFLUENCE WIKI IN ORDER TO USE THE "ADD COMMENT" FUNCTION ON THIS PAGE.
2. Applicant Eligibility Requirements
Who qualifies for support? How are gTLD applications evaluated against the above criteria? The WG has determined a number of criteria to be used in the determination of a gTLD application eligible for support and/or cost relief (in this document called the “eligible application[[U1]|https://community.icann.org/#_msocom_1] ”):
To be eligible for support/relief, the following apply:
1. The Application must demonstrate service to the public interest[[U2]|https://community.icann.org/#msocom_2] , including _one or more of the following characteristics:
Support by and/or for distinct cultural, linguistic and ethnic communities[[U3]|https://community.icann.org/#_msocom_3] ;
Service in an under-served language[[U4]|https://community.icann.org/#_msocom_4] , the presence of which on the Internet has been limited;
Operation in an emerging market or nation [[U5]|https://community.icann.org/#_msocom_5] in a manner that provides genuine local social benefit;
- Sponsored by non-profit, civil society and non-governmental organizations in a manner consistent with the organizations' social service mission(s);
- Operated by local entrepreneur, providing demonstrable social benefit in those geographic areas where market constraints make normal business operations more difficult.
AND
2. The Applicant must demonstrate financial capabilities and need
(See notes below)[[U6]|https://community.icann.org/#_msocom_6]
AND
3. The Application must NOT have any of the following characteristics:
From a governmental or para-statal applicant (subject to review, see below);[[U7]|https://community.icann.org/#_msocom_7]
- A gTLD string explicitly based, and related to, a trademark (i.e., a "dot brand" TLD);
- A gTLD string that is, or is based on, a geographic name;
Sponsors or partners [[U8]|https://community.icann.org/#_msocom_8] who are bankrupt or under bankruptcy protection;
- Sponsors or partners who are subject of litigation or criminal investigation;
- Otherwise incapable of meeting any of the Applicant Guidebook's due diligence procedures.
- All applicants are required to give a self-declaration that they are eligible to receive support under these criteria.
Important Clarifications on Eligibility Requirements
Public interest qualifications
Support by and/or for distinct cultural, linguistic and ethnic communities
The “.cat” Catalonian TLD is seen by many linguistic, ethnic and cultural communities as a success story that has helped to preserve and indeed grow the language and culture. Many such groups -- especially those with geographically dispersed Diasporas -- see a TLD as unifying icon that will facilitate Internet use while encouraging community growth. We would note especially, linguistic minorities protected by treaties such as the “European Charter for Regional or Minority Languages” and the “Council of Europe Framework Convention for the Protection of National Minorities”. The WG agreed that the applications by such communities, should they meet the requirements of need, should be eligible for relief/support.
Service in an under-served language, the presence of which on the Internet has been limited
A number of WG members have advocated support for the build out of TLD strings in non-Latin scripts by communities that use these scripts and have to date been un-served or under-served on the web.
As a part of this, the group has identified two categories of groups that might receive support -- communities that regularly use more than one script but might otherwise be unable to afford full-price build out of two scripts; and smaller script communities whose scripts are very limited on the web.
The WG did achieve consensus that as long as the Applicant is providing build-out of a language whose web-presence is limited and they meet the other criteria we should give support.
To address the needs of these groups, partial (but not consensus) support has been expressed for concept of “bundling” -
- that is, reducing the price of a TLD string in an “underserved” language script that accompanies a conventional application for the similar string in a Latin script.
Operation in an emerging market or nation
The WG achieved full consensus in agreeing that the criteria offered to judge applications give preference to those originating within the world’s poorer economies. Rather than having ICANN undertakes the distracting task of determining where such economies are located, we would refer instead to the internationally agreed upon UN DESA list:
- Least developed countries: category 199;
- Landlocked Developing Countries: category 432; or
- Small Island Developing States: category 722;
- Indigenous Peoples, as described in Article 1 of Convention No. 169 of the International Labour Organization and the UN Declaration on the Rights of Indigenous Peoples;
Operated by local entrepreneur, in those geographic areas where market constraints make normal business operations more difficult
While for-profit companies, private-public partnerships and hybrid entities can be eligible, the WG agrees that this support program [[U9]|https://community.icann.org/#_msocom_9] must not be used as a substitute for conventional business risk; and the applicants set out in 4.3 [[U10]|https://community.icann.org/#_msocom_10] are not eligible for support. It should be used to enable new gTLDs that could - without this program -- be unimaginable.
Note for 4.1.3 and 4.1.5 [[U11]|https://community.icann.org/#msocom_11] _: The WG agreed that other forms of social benefit (including but not limited to: increasing skills; investment in the skills base of a target community; fostering gender balance and presence of minorities; positive contribution to regional or national economies) must be considered.
Financial Need
The overriding consensus of the WG is that financial need and capability is the primary criteria for determining eligible applications. Such need and capability is to be demonstrated through the following criteria:
Applicants must be capable of contributing US[[U12]|https://community.icann.org/#_msocom_12] $45,000 towards the New gTLD Program’s Evaluation Fee[[U13]|https://community.icann.org/#_msocom_13] , unless ICANN waives, or lowers evaluation fees.
Where applicants anticipate scheduled fees, such as for extended evaluation, the applicant must be capable of contributing a[[U14]|https://community.icann.org/#_msocom_14] quarter of the scheduled fees.
Applicants must be capable of contributing US[[U15]|https://community.icann.org/#_msocom_15] $45,000 towards registry operational costs, if the applicant proposes to operate its own registry platform. If the applicant proposes to share registry operational costs with other qualified applicants, the applicant must be capable of contributing the pro-rated proportional share of this cost.
- Applicants must be capable of contributing US$45,000 towards registry continuity operational costs, if the applicant proposes to fund its own continuity operation. If the applicant proposes to share registry continuity operational costs with other qualified applicants, the applicant must be capable of contributing the pro-rated proportional share of this cost.
To demonstrate need, Applicants will be required to submit materials to the program administrators, detailing the various constraints which negatively affect the Applicant's ability to acquire and implement a gTLD without assistance under this program. Applicants should provide background on economic, technical, administrative, legal, and/or socio-cultural factors within their environment which are causing these constraints. As well, Applicants will be requested to detail any applicable constraints on management, human resources, IT infrastructure and the Applicant's technical capabilities.
Ineligibility criteria
Applications by governments or government-owned entities
By consensus of the WG, purely Governmental or para-statal applicants have been listed as not entitled to receive support. However, at the ICANN San Francisco meeting the WG received a request from the GAC to consider including Government applications from Developing Countries for support. The WG will work to obtain a mutually acceptable definition and criteria to fit Government applications with the GAC WG, but recognizes the difficulty in measuring a government’s “need” and concern of the appropriateness of offering support for one government over another if resources are limited. The GAC WG has offered to review the JAS criteria and provide its recommendations on a formulation of a solution for possible support to Developing Country Government applications.
Information and Documentation required from Applicants:[[U16]|https://community.icann.org/#_msocom_16]
All applicants for financial support are required to provide the information and documentation described below for review. The eligibility evaluation process is outlined in ______
Information and Documentation:
[[U1]|https://community.icann.org/#_msoanchor_1]add to glossary
[[U2]|https://community.icann.org/#_msoanchor_2]glossary
[[U3]|https://community.icann.org/#_msoanchor_3]glossary
[[U4]|https://community.icann.org/#_msoanchor_4]glossary
[[U5]|https://community.icann.org/#_msoanchor_5]add footnote ?-- WG has selected the standard
[[U6]|https://community.icann.org/#_msoanchor_6]KV: need clarification
[[U7]|https://community.icann.org/#_msoanchor_7]KV: need clarification
[[U8]|https://community.icann.org/#_msoanchor_8]Glossary?
[[U9]|https://community.icann.org/#_msoanchor_9]Name consistency?
[[U10]|https://community.icann.org/#_msoanchor_10]Need to check final reference once doc is final
[[U11]|https://community.icann.org/#_msoanchor_11]Need to check final reference once doc is final.
[[U12]|https://community.icann.org/#_msoanchor_12]Added US
[[U13]|https://community.icann.org/#_msoanchor_13]KV: I changed the name to New gTLD Program’s evaluation fee as in the Applicant Guidebook for clarify. Will add footnote reference and link.
[[U14]|https://community.icann.org/#_msoanchor_14]Must add reference to guidebook
[[U15]|https://community.icann.org/#_msoanchor_15]Added US
[[U16]|https://community.icann.org/#_msoanchor_16]Is this something we can add to this report or is a staff implementation detail. Any help welcomed!
