In advance of today's single issue call re: PIR, see below a section of the Registry Agreement that allows ICANN to seek additional information from the registry operator before approving a change of control. We could ask that ICANN seek answers to some of the outstanding questions -- such as those posed in a previous e-mail from Mark Surman at Modzilla
Registry agreement 7.5 Change of control, assignment and
subcontracting
(a) Registry Operator must provide no less than thirty (30) calendar days advance notice to ICANN of any assignment or Material Subcontracting Arrangement, and any agreement to assign or subcontract any portion of the operations of the TLD (whether or not a Material Subcontracting Arrangement) must mandate compliance with all covenants, obligations and agreements by Registry Operator hereunder, and Registry Operator shall continue to be bound by such covenants, obligations and agreements. Registry Operator must also provide no less than thirty (30) calendar days advance notice to ICANN prior to the consummation of any transaction anticipated to result in a direct or indirect change of control of Registry Operator.
(b) Within
thirty (30) calendar days of either such notification pursuant
to Section 7.5(a), ICANN may request additional information
from Registry Operator establishing (i) compliance with
this Agreement and (ii) that the party acquiring such control or
entering into such assignment or Material Subcontracting
Arrangement (in any case, the “Contracting Party”) and the
ultimate parent entity of the Contracting Party meets the
ICANN-adopted specification or policy on registry operator
criteria then in effect (including with respect to financial
resources and operational and technical capabilities), in which
case Registry Operator must supply the requested information
within fifteen (15) calendar days.