Re: [ALAC] Comment on proposal for the removal of existing gTLD-Registrar cross-ownership .

June 6, 2012


      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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At-Large Online:
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ALAC Working Wiki:
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https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALA...
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...
--
...
Olivier MJ CrÃ©pin-Leblond, PhD
...
<http://www.gih.com/ocl.html>http://www.gih.com/ocl.html
...
...
...
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--
Evan Leibovitch
Toronto Canada
Em: evan at telly dot org
Sk: evanleibovitch
Tw: el56
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Evan Leibovitch
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Alan Greenberg

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