-----Original Message----- From: owner-gtld-council@gnso.icann.org [mailto:owner-gtld-council@gnso.icann.org] On Behalf Of Alistair DIXON Sent: Tuesday, 17 October 2006 3:28 PM To: gtld-council@gnso.icann.org Cc: gnso.secretariat@gnso.icann.org; jnevett@networksolutions.com Subject: [gtld-council] GNSO Council Item 4: Proposed bylaws amendment to improve transparency with respect to contract approvals At the 28 September Council meeting, it was suggested that Jonathan Nevett and I would provide proposed changes to the wording provided by the General Counsel in relation to the proposal that the GNSO Council be notified when there were changes in contract provisions made by ICANN agreements. As the 28 September meeting minutes note, at the the time this proposal was originally made there was a suggestion to change ARTICLE III: TRANSPARENCY in the bylaws http://www.icann.org/general/archive-bylaws/bylaws-28feb06.htm#III and to amend Section 6 NOTICE AND COMMENT ON POLICY ACTIONS to add in 'policies or contracts'. On examination, the General Counsel's office suggested creating a new section 7 under the transparency article: Notice and comment on gTLD agreement approvals "With respect to any proposed GTLD registry or registrar agreement that includes material contractual provisions that substantially differ from other past ICANN agreements, ICANN will notify the GNSO Council and post the proposed agreement with a public comment forum on the ICANN website at least twenty-one days (and if practical, longer) prior to any final approval of the agreement." Jonathan Nevitt and I have examined this wording and propose that Council agree to the following new section 7 under the transparency article: Notice and comment on gTLD agreement approvals "With respect to any proposed GTLD registry or registrar agreement that includes contractual provisions that would have an effect materially different from other past or current ICANN agreements, ICANN will notify the GNSO Council and post the proposed agreement for public comment on the ICANN website at least twenty-one days (and if practical, longer) prior to any final approval of the agreement." Alistair Dixon Industry and Regulatory Affairs Ph +64 4 920 3098 (Wellington) Telstra Clear Ltd Ph +64 29 912 4301 (mobile) PO Box 1271 Ph +64 9 912 4301 (Auckland) Centreport Fax +64 4 920 3588 Wellington alistair.dixon@team.telstraclear.co.nz