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June 2012

16 participants
32 discussions

Re: [ALAC] Comment on proposal for the removal of existing gTLD-Registrar cross-ownership .
by Alan Greenberg June 6, 2012

June 6, 2012

In light of Evan's comment, have made a change to the statement. Not exactly what he suggested, but I think in the same direction. I note that if a comment is to be submited by the ALAC, even a preliminary one, it must be done in the next 22 hours. Alan ========================== The ALAC and At-Large have multiple opinions on whether the removal of Cross-Ownership Restrictions for gTLD Operators will be to the benefit or detriment of users, or in fact, the domain ecosystem. There is, however, a unified position that whatever the environment is, with certain constraints, there should be a level playing field for all gTLD operators. As such, the ALAC supports the removal of cross-ownership constraints for existing gTLD operators. However, the ALAC does have one major concern with the proposal. The option for existing gTLD operators to transition to the new gTLD agreement would remove cross-ownership constraints, but it would also have a very significant other effect that has not been the subject of virtually any public discussion. Specifically, it would remove the price caps in the existing agreements, and that is not something that should quietly be slipped in without careful analysis. That transition would be subject to limits related to competition issues raised by the removal of the cross-ownership restrictions. The document is silent on other results of such a transition, and particularly the removal of price caps on existing operators. The ALAC does not believe that there is sufficient proof at this time to indicate that the new gTLD environment will so significantly change the gTLD market so that price caps are no longer required for the dominant gTLDs. As such, no change driven by the removal of cross-ownership restrictions should at the same time remove the price caps in the current agreements for dominant gTLDs without substantive community involvement.

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Comment on proposal for the removal of existing gTLD-Registrar cross-ownership .
by Alan Greenberg June 4, 2012

June 4, 2012

I was asked to evaluate whether a comment of the Proposed Revised Process for Handling Requests for Removal of Cross-Ownership Restrictions on Operators of Existing gTLDs warrants ALAC comment, and if so to draft such a comment. Following consultation with selected ALAC and At-Large members, I believe that a comment is warranted. Unfortunately other commitments have prevented me from submitting such a comment until today, and the first stage of the comment period ends on June 6th. I would suggest that if there is no substantive ALAC request to not submit this comment, that it be submitted prior to the deadline with the stated proviso that it is undergoing ALAC comment and approval. That would allow the ALAC to revise it if needed, and accept or reject it prior to the conclusion of the 2nd phase of the comment period. The details of the proposal and comment period are at http://www.icann.org/en/news/public-comment/revised-cross-ownership-restric…. My concern is that one of the options provided is that existing registry operators (and specifically .com, .net and .org) can either request amendment of their agreements to remove cross-ownership restrictions, or can transition to the agreement to be used by all new gTLD operators. If they chose the latter path, along with the removal of the restrictions on cross ownership, they would also remove the price caps that are in existing agreements. This I feel could be of great detriment to Internet users. My proposed comment follows. Alan ========================== The ALAC and At-Large have multiple opinions on whether the removal of Cross-Ownership Restrictions for gTLD Operators will be to the benefit or detriment of users, or in fact, the domain ecosystem. There is, however, a unified position that whatever the environment is, with certain constraints, there should be a level playing field for all gTLD operators. As such, the ALAC supports the removal of cross-ownership constraints for existing gTLD operators. Nevertheless, the ALAC does have one concern with the proposal, and that is the option for existing gTLD operators to transition to the new gTLD agreement. That transition would be subject to limits related to competition issues raised by the removal of the cross-ownership restrictions. The document is silent on other results of such a transition, and particularly the removal of price caps on existing operators. The ALAC does not believe that there is sufficient proof at this time to indicate that the new gTLD environment will so significantly change the gTLD market so that price caps are no longer required for the dominant gTLDs. As such, no change driven by the removal of cross-ownership restrictions should at the same time remove the price caps in the current agreements for dominant gTLDs without substantive community involvement.

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