Becky, Enforcement (after interpretation and examination of situational applicability) of some rule, e.g., applicant-assumed-obligation, occurs when the applicant has obtained a delegation. Selection amongst two or more applicants, for whatever reasons, and the AGB contained the rules applicable for the 2010 cohort, occurs before delegation. The phrasing below confuses post-delegation and pre-delegation criteria and enforcements.
So if an applicant includes obligations in the application, it is ok for ICANN to enforce those commitments? What?s the principle - freedom of contract? But if GAC, ALAC, or someone else urges ICANN to pick one applicant over another, anyone can challenge that [what? The urging, the selection, something else?]? You?re disqualified if GAC endorses your application?
"freedom of contract" is inconsistent with the responsibilities of the NTIA and its contractors, and incompatible with a transition of a government contract, where pre-existing public interests are retained by the transitional contractor. Eric Brunner-Williams Eugene, Oregon