From my understanding of the BC's established position on this subject, we are not worried about "leveling the playing field" for registry operators.
The BC is looking out for the interests of business registrants and users. In the new gTLD program we want "differentiation" and we want to see new gTLDs in multiple scripts and languages to serve global users. Moreover, we have said that registrants benefit if a registry protects their domain name across multiple linguistic versions of a TLD (such as .ASIA proposed in Singapore) That's why the BC has supported giving discounts or incentives for gTLD applicants to encourage them to offer versions of their TLD in underserved languages and scripts. We really have never worried about helping applicants in need. True, it's difficult to know if a discount is necessary to motivate the applicant to do additional language/scripts. Which is a good reason to set a discount equal to the cost savings of not needing to do additional applicant evaluations when one applicant has multiple strings. That way the discount is not charity, but just a reflection of lower evaluation costs -- in a gTLD program that is supposed to be run on a cost-recovery basis. Jon is right to say that in some cases, bundling discounts could give one applicant a slightly lower cost than a competing applicant for the same string. But that difference reflects cost savings on applicant evaluation in cases where the applicant is spending much more to file for several strings. It is not a charitable assistance that creates the savings. I believe Jon is suggesting that any such discounts be revoked for a string where competing applicants received no such discount. As a matter of fairness that makes some sense, but I doubt it will be a significant amount. Hope that helps, Steve -- Steve DelBianco Executive Director NetChoice http://www.NetChoice.org and http://blog.netchoice.org +1.202.420.7482 From: Mike Rodenbaugh <icann@rodenbaugh.com<mailto:icann@rodenbaugh.com>> Organization: Rodenbaugh Law Reply-To: Mike Rodenbaugh <icann@rodenbaugh.com<mailto:icann@rodenbaugh.com>> Date: Wed, 27 Jul 2011 05:47:50 -0700 To: "'bc-GNSO@icann.org<mailto:'bc-GNSO@icann.org> GNSO list'" <bc-gnso@icann.org<mailto:bc-gnso@icann.org>> Subject: RE: [bc-gnso] For review: BC Comments on 2nd JAS Milestone Report Isn’t the whole idea to try to ‘level the playing field’ to encourage applications from some parties who would not otherwise be in the same position to ‘compete’? I am trying to figure out a better way to deal with the issue, but am not sure what the issue really is here. That is why I asked a couple questions already, which you have ignored… From: Jon Nevett [mailto:jon@nevett.net] Sent: Wednesday, July 27, 2011 5:42 AM To: icann@rodenbaugh.com<mailto:icann@rodenbaugh.com> Cc: 'bc-GNSO@icann.org<mailto:'bc-GNSO@icann.org> GNSO list' Subject: Re: [bc-gnso] For review: BC Comments on 2nd JAS Milestone Report Thanks Mike. The fee reductions would be reversed only if the applicant wanted to move forward with an auction -- need to do that to level the playing field. The applicant always could withdraw and get a refund. That kind of rule would prevent someone running to try to qualify for a discount for a .sport application, for example, and not being on the same competitive level as Ron. I don't think that kind of activity is really what we envisioned for this program -- call it gaming or not. How else would you suggest dealing with the issue? Best, Jon On Jul 27, 2011, at 8:26 AM, Mike Rodenbaugh wrote: Jon, I get your general point here, but am not sure that the right answer is to completely “reverse” the given support simply because their application meets contention. First, they would not necessarily, or even likely, know they were going to meet contention until after their application is filed and all attendant costs incurred. Second, the word ‘gaming’ is casually thrown in as the ICANN bogeyman, but there seem to be a bunch of safeguards in the proposal to help ensure that only qualified applicants would get any support. Do you have specific concerns about those safeguards, and/or do you see particular ways the program could be gamed, which might be more appropriate to address specifically? From: owner-bc-gnso@icann.org<mailto:owner-bc-gnso@icann.org> [mailto:owner-bc-gnso@icann.org] On Behalf Of Jon Nevett Sent: Wednesday, July 27, 2011 5:00 AM To: Caroline Greer Cc: 'Ron Andruff'; 'Steve DelBianco'; 'bc-GNSO@icann.org<mailto:'bc-GNSO@icann.org> GNSO list' Subject: Re: [bc-gnso] For review: BC Comments on 2nd JAS Milestone Report Caroline: I don't think that we need to add the "not" in the sentence. To make it clearer, however, we could say "Any fee reductions should be reversed if the applicant elects to proceed to a competitive auction." Reversed might be a better word than reapplied. Thanks. Jon On Jul 27, 2011, at 4:00 AM, Caroline Greer wrote: Jon / all, I just wanted to check my understanding of the new edit. Shouldn’t we instead be saying that “....any fee reductions should not be reapplied to the applicant in the case of string contention with a non-qualified applicant”? Many thanks Caroline From: owner-bc-gnso@icann.org<mailto:owner-bc-gnso@icann.org> [mailto:owner-bc-gnso@icann.org] On Behalf Of Ron Andruff Sent: 26 July 2011 17:41 To: 'Jon Nevett'; 'Steve DelBianco' Cc: 'bc-GNSO@icann.org<mailto:'bc-GNSO@icann.org> GNSO list' Subject: RE: [bc-gnso] For review: BC Comments on 2nd JAS Milestone Report Thank you for your comments, Jon. Any other members have strong feelings about Jon’s amendment? If not, I will incorporate them into our next draft. As a reminder to all, Steve will be posting our final comment on this topic this Friday, July 29th – three days from today. Kind regards, RA Ronald N. Andruff President RNA Partners, Inc. 220 Fifth Avenue New York, New York 10001 + 1 212 481 2820 ext. 11 ________________________________ From: owner-bc-gnso@icann.org<mailto:owner-bc-gnso@icann.org> [mailto:owner-bc-gnso@icann.org] On Behalf Of Jon Nevett Sent: Tuesday, July 26, 2011 8:04 AM To: Steve DelBianco Cc: 'bc-GNSO@icann.org<mailto:'bc-GNSO@icann.org> GNSO list' Subject: Re: [bc-gnso] For review: BC Comments on 2nd JAS Milestone Report Steve: I agree with the BC’s position that "if the JAS WG’s recommendation serves to give one applicant an advantage over another by providing discounts for various parts of the review process is antithetical to ICANN’s impartiality. Once an application is submitted, each and every applicant must face the same processes and costs established in the AG to ensure a fair and equitable procedure." In the draft, we seem to deal with this concern in certain circumstances, but not explicitly when considering actual application fee reductions. An applicant that gets a fee reduction shouldn't be able to use such "saved" funds in an auction against an applicant who didn't get a fee reduction. The benefits for applicants should be limited to only qualified entities and only to support their applications, not to give them an unfair competitive advantage against another applicant for the same string. A system that gives one party a competitive advantage over another is a big invitation to gaming. I offer two changes to this effect in the attached. Thanks. Jon