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Tuesday, February 21, 2006


PDP2: Draft Terms of Reference

ICANN's Staff Manager Olof Nordling has posted a draft Terms of Reference for the GNSO's second major PDP:

Terms of Reference for a PDP to guide Contractual Conditions for existing generic top-level domains:

1. Registry agreement renewal

1a. Examine whether presumptive rights of renewal in registry agreements serve to promote ICANN's core mission and values, including promotion of competition, DNS stability and security.

1b. Examine whether or not the term, expiry and cancellation conditions, and rebid considerations (“Rights of Renewal”) provide benefits to the ICANN community and if so, what they are, including whether such conditions encourage long term investment in registry operations.

1c. Recognizing that not all registry agreements share the same Rights of Renewal, use the findings from above to determine whether or not these conditions should be standardized across all agreements.

2. Relationship between registry agreements and consensus policies

2a. Examine whether consensus policy limitations in registry agreements are appropriate and how these limitations should be determined.

2b. Examine whether the diversity of sponsored TLD policy making should be redefined and if so, what changes would be needed, and under what circumstances such changes would be applied.

2c. Recognizing that current registry agreements include varying limitations on scope and applicability of consensus policy, examine the extent to which registry agreements could state that consensus policies may not affect certain terms of the agreement and determine whether future registry agreements should be restricted to a uniform scope and applicability of consensus policies.

3. Policy for price controls for registry services

3a. Examine in what ways price controls contribute to ICANN's core mission and values, especially the promotion of competition and the net effects on end users.

3b. While not discussing the prices of registry services, examine what conditions might justify price controls policy for particular registries.

3c. Examine objective measures (cost calculation method, cost elements, reasonable profit margin) for approving an application for a price increase when price control is applied.

3d. In view of the findings, determine if registry agreements should prescribe or limit the prices for registry services.

4. ICANN fees

4a. Examine whether ICANN fees defined in registry agreements should be subject to policy determination.

4b. Examine whether ICANN fees should be tailored to registry business models.

4c. Determine how ICANN's public budgeting process should relate to the negotiation of ICANN fees.

5. Uses of registry data

Registry data is available to the registry as a consequence of registry operation. Examples of registry data could include information on domain name registrants, information in domain name records, and traffic data associated with providing the DNS resolution services associated with the registry.

5a. Examine the differences in registry data available to "thin" and "thick" registries and which privacy rights exist in such registry data.

5b. Examine how the use of registry data can enhance services to registry clients.

5c. Determine whether any allowances should be made for non-discriminatory access to registry data.

5d. Determine whether the uses of registry data should be restricted.

6. Investments in development and infrastructure

6a. Examine how requirements for specific investment levels in registry agreements promote ICANN's core mission and values, especially as to promoting competition and ensuring DNS stability and security.

6b. Determine whether registry agreements should require specific investment levels in the areas of development and infrastructure.

6c. Determine whether security and stability goals should be reflected in registry agreements as specific commitments, either as customer service levels or as investment targets.

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