Board-GAC Consultation on GAC ICANN80 Advice (Applicant Support Program)
The ICANN Bylaws require the Board to take into account public policy advice from the GAC when formulating and adopting public policy matters. (Art. 12, Sec. 2.2(x)). When the Board intends to take an action that is inconsistent with GAC advice, the Bylaws and other ICANN governing procedures, including the GAC Operating Principles, establish a consultative process between the Board and the GAC to find a mutually acceptable solution. At the core of the consultative process is the requirement that the Board notify the GAC when it intends to take an inconsistent action and explain why it is doing so. Additionally, the GAC and the Board must engage with each other in good faith to try to find a solution to their differences. If in the end the Board and the GAC cannot find a solution, the Board is required to explain in its final decision why it is not following the GAC’s advice.
At issue in this Bylaws Consultation are items 1.a.i and 1.a.ii of the GAC’s advice from its ICANN80 Communiqué regarding the Applicant Support Program.
1.a.i. “To take final decisions on successful Applicant Support Program (ASP) applicants, who applied within the twelve month time period, at the conclusion of that period as opposed to on a first come, first served basis. This would mean that no preference is given to applicants who applied earlier in the twelve month period, and will help ensure underserved regions are not at a disadvantage through the ASP.”
1.a.ii “To invite members of the community with relevant expertise to monitor and participate in the ASP Application Evaluation process that will result in final decisions on ASP application outcomes. The GAC signals its willingness to fully participate in this process.”
The Board-GAC Consultation Call regarding ICANN80 Advice Items 1.a.i and 1.a.ii will be held 16 September 2024.
Materials can be found here or below.