At my request, Margie developed two different draft motions regarding the issue of whether or not the Council should initiate a PDP on vertical integration of registries and registrars; please see the drafts below. If anyone is interested in making one of these motions or a variation of one of them, I encourage you to do so. A third alternative motion would be one to delay our decision on this until a later Council meeting. The Council Operating Procedures deadline for motions for our 28 Jan meeting is tomorrow, 20 January. Whether any motion is made or not by tomorrow, I will ask Glen to post them tomorrow to satisfy the posting deadline. Chuck ________________________________ From: Margie Milam [mailto:Margie.Milam@icann.org] Sent: Tuesday, January 19, 2010 4:24 PM To: Gomes, Chuck Cc: Liz Gasster; Glen de Saint Géry Subject: Draft Motions on Vertical Integration Hi Chuck, As requested, I drafted two motions, described below, related to the VI Issues Report for your review and consideration. Best, Margie MOTION TO DEFER: Whereas, on 24 September 2009, the GNSO Council requested ICANN Staff to prepare an Issues Report on the topic of vertical integration between registries and registrars; Whereas, on 11 December 2009, the Issues Report on Vertical Integration between Registries and Registrars was delivered to the GNSO Council; Whereas, the Issues Report includes recommendations that the GNSO delay the initiation of a PDP for a period of 1 - 2 years; Now therefore, be it: RESOLVED, that the GNSO Council has reviewed the recommendations contained in the Issues Report, and, after consideration of the implementation timeline associated with the New gTLD Program, declines to initiate a PDP at this time; FURTHER RESOLVED, that the GNSO Council recommends that any Stakeholder Group or Constituency affected by this issue actively participate in the implementation activities conducted by ICANN for the New gTLD Program; RESOLVED FURTHER, that the GNSO Council shall reevaluate whether to initiate a PDP on the topic of vertical integration two years after the launch of the initial round of New gTLD applications. MOTION TO COMMENCE A PDP: Whereas, on 24 September 2009, the GNSO Council requested ICANN Staff to prepare an Issues Report on the topic of vertical integration between registries and registrars; Whereas, on 11 December 2009, the Issues Report on Vertical Integration between Registries and Registrars was delivered to the GNSO Council; Whereas, the Issues Report includes recommendations that the GNSO Council delay the initiation of a PDP for a period of 1-2 years; Whereas, notwithstanding the recommendations in the Issue Report, the GNSO Council has decided to initiate a PDP on Vertical Integration between Registries and Registrars; Whereas, the GNSO council has decided against initiating a Task force as defined in the ICANN Bylaws; Now therefore, be it: RESOLVED, that the GNSO Council has reviewed the recommendations contained in the Issues Report, and nonetheless approves the initiation of a PDP on the topic of Vertical Integration between Registries and Registrars; FURTHER RESOLVED, that the PDP shall evaluate which policy recommendations, if any, should be developed on the topic of vertical integration between registrars and registries affecting both new gTLDs and existing gTLDs, as may be possible under existing contracts and as allowed under the ICANN Bylaws; FURTHER RESOLVED, recognizing that this PDP may not conclude its work in time to affect the initial round of New gTLD applications, the GNSO Council recommends that any Stakeholder Group or Constituency affected by this issue actively participate in the implementation activities conducted by ICANN for the New gTLD program; FURTHER RESOLVED, that the GNSO Council shall convene a drafting team to propose a draft charter for a working group to be created to fulfill the requirements of the PDP, which draft charter to be delivered approximately thirty (30) days from the date of this resolution.