Steve, Thank you for leading us through our BC Comments process on AGB. I have a few more suggestions please.. . Page 2 - Please disregard my suggestion about setting a % Threshold for 'dot brand' TLDs, as I now support REMOVING the solution of a 100 Application threshold. While I support a limited or controlled rollout, I feel the horse has left the barn with respect to this issue. Any implementation of a controlled rollout at this point is sure to introduce a delay to the recently announced release schedule and I do not think it will benefit the BC if we are seen as supporting another delay. I understand the rule about providing a solution after presenting a problem, but I think an exception is warranted here. Therefore, I recommend that we reiterate with strong emphasis the multiple recommendations provided to ICANN; the GNSO's Approvals for gTLD expansion, at least one economic report (which by the way is the same econ report that recommends relaxing of VI/CO rule), the GACs comments about a controlled release, and I am sure there are other sources in addition to ours. Presenting the 100 App Threshold solution will not enhance our case and it is clear that ICANN has chosen to IGNORE these obvious recommendations. . Page 8 - I support Mike R's two suggestions. Our rationale should not be limited to 'dot-brands', but all TLDs. We have an opportunity here to show the community that we support the greater good and not just myopic on 'brands' alone. Further, I feel the use of 'single-registrant' no longer applies given the recent Board decisions on VI/CO. An even older argument is..what is a 'dot-brand'? Where is the line drawn that distinguishes a non-brand from a brand? Is it only trademarks that define a brand? We can all provide examples of what may or may not be a brand, but I do not think we can ever draw a definitive line. Therefore, I feel it is better served to remove the focus on 'brands' and increase it to all TLDs. Thank you. Berry Cobb Infinity Portals LLC berrycobb@infinityportals.com http://infinityportals.com 720.839.5735 From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Steve DelBianco Sent: Wednesday, November 24, 2010 4:26 PM To: bc - GNSO list Subject: [bc-gnso] Draft BC comment on Applicant guidebook - for member review and approval by 3-Dec Attached is the draft BC comment on ICANN's proposed final guidebook for new gTLDs. The genesis of this draft was our member call on 18-Nov. ( audio at http://drop.io/gnso_private/asset/gnso-bc-20101118-en-mp3 ; a transcript of the call was distributed earlier) . Several BC members volunteered as Rapporteurs. We worked thru 2 rounds of edits to get a draft to present to BC membership. For edits that I felt lacked consensus, I included dissenting remarks and questions in the body of the document [ in brackets and in blue ]. We are allowing 10 days to review and approve these comments. That would allow us to finalize by 3-Dec, before meetings begin in Cartagena. That is less than the 14-days called for in our Charter, but I will ask the BC executive committee for an abbreviated review under the circumstances. Please review and comment on the draft and on the inserted dissents and questions. Thanks again to the rapporteurs named below for their efforts thus far. Ron Andruff John Berard Marilyn Cade Chris Chaplow Berry Cobb Phil Corwin Fred Felman Jon Nevett Mikey O'Connor Mike Rodenbaugh Philip Sheppard --Steve For your reference, here are previous BC positions and statements on Guidebook topic: Comments on draft TLD guidebook January 2009 http://www.bizconst.org/Positions-Statements/Position_01_2009_draft_guideboo <http://www.bizconst.org/Positions-Statements/Position_01_2009_draft_guidebo o> k_TLDs.doc Registry Registrar separation August 2009 http://www.bizconst.org/Positions-Statements/Position-08-2009_Registry_Regis <http://www.bizconst.org/Positions-Statements/Position-08-2009_Registry_Regi s> trar.doc Staff Proposals for RPM for new gTLDs November 2009 http://www.bizconst.org/Positions-Statements/Position-11-2009_Staff_Proposal <http://www.bizconst.org/Positions-Statements/Position-11-2009_Staff_Proposa l> s_Rights_Protection_Mechanism_New_gTLDs.pdf BC Comment on VI WG Initial Report August 2010 http://forum.icann.org/lists/bc-gnso/msg01399.html <http://forum.icann.org/lists/bc-gnso/msg01399.html> BC comment on the gTLD Draft Applicant Guidebook V3 July 2010 http://forum.icann.org/lists/bc-gnso/msg01352.html <http://forum.icann.org/lists/bc-gnso/msg01352.html> -- Steve DelBianco Executive Director NetChoice http://www.NetChoice.org and http://blog.netchoice.org +1.202.420.7482