2005-06-28 - .TEL (Telnic) Approval to Enter into Contractual Negotiations
Category: gTLDs
Topic: .TEL Approval to Enter Contractual Negotiations
Board meeting date: 28 June 2005
Resolution number: 05.44, 05.45
URL for Board minutes/resolution: http://www.icann.org/en/minutes/minutes-28jun05.htm
Status: Completed
Summary
Board authorizes the President and General Counsel to enter negotiations relating to proposed commercial and technical terms of .TEL sTLD with applicant; if negotiation successful, President shall present proposed terms to Board for approval and authorization.
Text
There was a discussion regarding the .TEL application and specifically around the issues of compliance with the technical requirements from the sTLD RFP. Raimundo Beca raised the point that the constraints on .TEL should match the constraints place on .MOBI with regard to the registry of E-164 in the .MOBI domain name space.
Additionally, Michael Palage asked that the minutes reflect the following statement on his behalf [as an amendment to the minutes], explaining his position:I was one of several directors that voted "no" in connection with the .TEL application, and there were primarily two reasons on which I did so. The first was in connection with the .MOBI contract which we had approved earlier in that meeting, and, specifically, in the .MOBI contract, there was a provision in Appendix S, Part 7, which states the following with regard to TLD differentiation: As quoted - 'ICANN and the Registry Operator acknowledge that a criterion included in the application process in which the .MOBI TLD was selected and in the previous TLD application expansion round was that a new TLD be clearly differentiated from existing TLDs. ICANN, when undertaking to effect the delegation of new tlds, shall take into consideration internet community input received, including any objections interested third parties may have under policy considerations or applicable law or otherwise regarding the creation of new TLDs.'
As I explained to the board during our teleconference, I was unable to understand the differentiation between the .MOBI and the .TEL TLD. I also brought to the attention of the board the potential confusion which one board member had in connection with a presentation that -- a flash marketing presentation that was available in connection with the .TEL application in which the board member thought it was actually .MOBI. So based upon this confusion, I thought that there was a basis for us to seek community input under this provision before moving forward with the .TEL.
One of the other reasons which i voted "no" was based upon the discussion from the -- Richard Thwaites from the ITU, who provided some discussion regarding the scalability of this particular application.
So these are all of the reasons -- and i guess the one other reason i would like to make is that it was presented to the board that this would be textual-base only.
So this follows up on Raimundo's concerns regarding potential ENUM implications, and also the distinction that .MOBI was geared towards, I believe, companies that were going to be providing services to the telecommunications -- to the mobile phone users and .TEL was geared more towards the individual users. I did not find that an acceptable delineation under the guidelines which we've -- which were stated here."
Following the Board's discussion during the meeting, Tom Niles moved for a vote on the following resolution, and Hagen Hultzsch seconded:
Resolved [05.44] the Board authorizes the President and General Counsel to enter into negotiations relating to proposed commercial and technical terms for the .TEL sponsored top-level domain (sTLD) with the applicant.
Resolved [05.45] if after entering into negotiations with the .TEL sTLD applicant the President and General Counsel are able to negotiate a set of proposed commercial and technical terms for a contractual arrangement, the President shall present such proposed terms to this board, for approval and authorization to enter into an agreement relating to the delegation of the sTLD.
Implementation Actions
Enter negotiations relating to proposed commercial and technical terms of .TEL sTLD with applicant.
Responsible entity: President and General Counsel
Due date: None provided
Completion date: May 2006
Propose terms to Board for approval and authorization if negotiation successful.
Responsible entity: President
Due date: None provided
Completion date: May 2006
Other Related Resolutions
Resolution 01.74 - Board directs President to form and chair New TLD Evaluation Process Planning Task Force (NTEPPTF): http://www.icann.org/en/minutes/prelim-report-04jun01.htm
Resolution 02.97, 02.97A - Board accepts NTEPPTF report and directs President to produce plan for action for approval by Board at October 2002 meeting in Shanghai, China: http://www.icann.org/en/minutes/prelim-report-23aug02.htm
Resolutions 02.150, 02.151, and 02.152: Board authorizes President to implement NTEPPTF recommendations in Action Plan, requests GNSO to provide recommendation on structure of generic tol level namespace, and directs President to develop draft Request for Proposals: http://www.icann.org/en/minutes/prelim-report-15dec02.htm#AnnualMeetingoftheTransitionBoard
Resolution 03.112 and 03.113 - Board invites public comment on draft request for proposals for sTLDs; requests President to provide to Board detailed plan and schedule for development of appropriate long-term policy for introduction of new gTLDs: http://www.icann.org/en/minutes/prelim-report-26jun03.htm
Resolutions 03.166, 03.167, and 03.168 - Board calls for the development of process and policy for streamlining introduction of new gTLDs as specified in ICANNs MoU with the U.S. Department of Commerce: http://www.icann.org/en/announcements/advisory-31oct03.htm
Resolutions 03.169, 03.170, and 03.171 - Board resolves to negotiate agreement reflecting commercial and technical terms upon completion of sTLD selection, resolves that selection process and implementation for sTLDs will be evaluated, and directs President to finalize and post open Request for Proposals for limited number of new sTLDs: http://www.icann.org/en/announcements/advisory-31oct03.htm
Resolution 05.14 directing President to provide board with more information from technical evaluators and applicants regarding technical aspects of .TEL sTLD application, available at: http://www.icann.org/en/minutes/minutes-21mar05.htm.
Resolution 06.27 approving proposed agreement with Telnic concerning .TEL sTLD, available at: http://www.icann.org/en/minutes/minutes-10may06.htm.
Resolution 07.46 authorizing President and General Counsel to enter amendment of .TEL Registry Agreement to accept the proposed change in fee structure, available: http://www.icann.org/en/minutes/resolutions-29jun07.htm.
Resolution __.2007, __.2007 approving .TEL amendment to amend Whois provisions of Registry Agreement to comply with UK and EU data protection laws, available at: http://www.icann.org/en/minutes/minutes-18dec07.htm.
Other resolutions TBD.
Additional Information
.TEL Registry Agreement and Amendments, available at: http://www.icann.org/en/tlds/agreements/tel/.
7 April 2006: ICANN Posts Proposed Registry Ageement with Telnic (the .TEL Registry).
26 April 2007: ICANN Opens Public Comment Period on ICANN Fee Amendment from .TEL.
For information on the introduction of sTLDs in 2003 - 2004, please refer to:http://www.icann.org/en/tlds/stld-apps-19mar04/
mTo review public comments submitted on the 2003 round, refer to: http://forum.icann.org/mtg-cmts/stld-rfp-comments/general/index.html
To review the Status Reports on the 2003 round, refer to: http://www.icann.org/en/tlds/stld-apps-19mar04/PostsTLDStatusRpt.pdf
15 December 2003 - New sTLD Application: http://www.icann.org/en/tlds/new-stld-rfp/new-stld-application-parta-15dec03.htm
24 June 2003 - Request for Proposals, Establishment of new sTLDs (Draft for Public Comment): http://www.icann.org/en/tlds/new-stld-rfp/new-stld-rfp-24jun03.htm
19 March 2004 - Status Report on sTLD Evaluation Process: http://www.icann.org/en/tlds/stld-apps-19mar04/stld-status-report.pdf
Some analysis of the sTLD program is available in Staff's 24 September 2004 report on a strategy for introducing New gTLDs, at http://www.icann.org/en/tlds/new-gtld-strategy.pdf, and additional information can be found in the documentation of the New gTLD program, at http://www.icann.org/en/topics/new-gtlds/related-en.htm.
The resolution does not address funding for the items identified therein.
Explanatory text does not modify or override Resolutions. See Board Resolutions Page for more information.