Re: [ALAC] Comment on proposal for the removal of existing gTLD-Registrar cross-ownership .
Staff has their arms full at the moment, so let's let the statement get posted as currently written. Once that is done, I will revise for voting and later re-posting during the reply period) which ends on the Thursday of the Prague meeting, so plenty of time). Alan At 06/06/2012 01:12 PM, Evan Leibovitch wrote:
Ah. OK. Thanks for the explanation.
It may be too late to make this point element clearer in the first paragraph of the statement as Carlton has suggested, given the severe timeline constraints. Nonetheless, I can support it given what you've said, with or without the modification.
- Evan
On 6 June 2012 11:47, Alan Greenberg <<mailto:alan.greenberg@mcgill.ca>alan.greenberg@mcgill.ca> wrote: Evan, perhaps I am missing something, but here is my take.
The comment says that the ALAC is in favour of removing the cross-ownership constraints. This is not conditional (it is for some of us a statement grudgingly made because of a preference for maintaining ownership limits everywhere - but THAT decision was already irrevocably made).
The concern is not with the removal of ownership constraints, but with one of the methodologies to implement this - namely the wholesale transition to the new gTLD contract form.
The comments says we support removing the cross-ownership rules, but NOT by the wholesale move to the new contract which makes a LOT of other changes, most benign to users, some good (such as thick whois) and some bad, such as the lifting of price caps.
Alan
At 06/06/2012 10:30 AM, Evan Leibovitch wrote:
On 6 June 2012 03:53, Olivier MJ Crepin-Leblond
<
<https://atlarge-lists.icann.org/mailman/listinfo/alac>ocl
at gih.com> wrote:
thank you for your kind follow-up on this. I understand that this
was
a short comment period but have so far only see positive feedback
about the
text.
That said, I'm still ambiguous about the wording.
Apparently, we're concerned about the price cap, but not enough to
affect
our approval of the policy. Tacking on "major" is IMO
pointless. Either the
issue is significant enough for ALAC to make support conditional on
maintaining price controls, or it isn't. The wording of the statement
allows our advice to be comfortably accepted as "support" and
the trailer
concern ignored.
The policy can be revisited after the gTLD rollout and we can determine
if
monopoly power still exists.
It's not likely I would vote in favour of the statement as worded. But
I'm
just one vote.
- Evan
With today being the deadline for submitting comments and
with only positive feedback received both on the ALAC but also the
wider
At-Large list, I have given the green light for staff proceed as
follows
TODAY:
- submit this final version to the public comment process, with a
note
that the statement is currently undergoing ALAC ratification,
- create a wiki page for the comment with the first draft of your
text
and the final version, as submitted,
- cut/paste all comments received on the ALAC and the At-Large lists
and
display them as a comment on this Wiki page.
This process ensures a better transparency and archiving of the
discussion for future reference, if needed.
Kind regards,
Olivier
On 06/06/2012 04:15, Alan Greenberg wrote :
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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Olivier MJ Crépin-Leblond, PhD
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Evan Leibovitch
Toronto Canada
Em: evan at telly dot org
Sk: evanleibovitch
Tw: el56
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Alan Greenberg