February 2019 - Gnso-bylaws-dt

Actions & Notes: GNSO Drafting Team Meeting 27 February 21:00 UTC
by Julie Hedlund April 28, 2019

April 28, 2019

Dear all, Please see below the action items and notes captured by staff from the GNSO Drafting Team meeting held on 27 February 2019 (21:00-22:00 UTC). Staff have posted to the wiki space the action items and notes. Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/pages/viewpage.action?pageId=102146169. Best Regards, Julie Julie Hedlund, Policy Director ACTIONS & NOTES: Action Items: 1. The GNSO Secretariat to schedule a meeting on 27 March 2019 at 21:00 UTC for 60 minutes. 2. Draft Guidelines and Templates for Sections 4.2 Community Independent Review Process (IRP) and 4.3 Independent Review Process (IRP): * Staff to keep the Google document open until David McAuley has a chance to add his comments (at least 48 hours). * Staff to develop a final draft for discussion on 27 March. 3. Staff to develop a draft estimated timeline for completion of the guidelines/templates. 4. Staff to begin development of guidelines/templates for Section 18.12 Special IANA Naming Function Reviews (IFRs) 5. Staff to determine if there are other possible actions by the Council that could prevent the GNSO from taking its actions as a Decisional Participant of the Empowered Community (such as blocking a motion circulated with less than required advance notice) [ONGOING] Notes: 1. Updates to Statements of Interest (SOIs): No updates provided. 2. Review and Discuss Draft of Guidelines/Templates for Sections 4.2 and 4.3. See: https://docs.google.com/document/d/1D127ORbHLRk8FeD9j2W-b8_4wKlkaPW-mK33H01… General Comments: -- Good first draft. -- Technical comments: nomenclature of sections and articles -- need for some precision (as to parts of the Bylaws). Example: suggest using "RIP Claimant" as from "Reconsidration Requestor". -- Leave the Google document open for more comments. -- Edits relating to whether it's "GNSO Council" or "GNSO". The GNSO Operating Procedures are Council specific. The Bylaws refer to the "GNSO" but the GNSO Operating Procedures refer to the GNSO Council. -- Want to avoid any kind of confusion -- they are the "GNSO Operating Procedures", not "GNSO Council Operating Procedures". Specific comments: Page 8, Changes to Reconsideration Request form, but this is an ICANN Org form, so not sure we can suggest changes to it. We can pass on the suggested changes as an FYI. Page 11, In the motion, is it appropriate for staff to send the Reconsideration Request form. Should it be from the EC Representative? Or the GNSO Council? Instead say, "Council leadership on behalf of the appointed GNSO Rep to the Empowered Community Administration shall send". Page 6, Reconsideration Request form: Page 10, 4.2 Motion Template – under resolved clause 3, add "timely/immediately" 4. Next steps/next meeting: -- Schedule next meeting on 27 March. -- Staff to complete the final draft prior to 27 March. -- DT to Work on Section 18.12 Special IFRs -- Draft for 27 March. -- Staff to draft an estimated timeline for completing the work.

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Recordings, attendance & AC chat / GNSO Drafting Team call / Wednesday, 27 February 2019 at 21:00 UTC
by Julie Bisland Feb. 28, 2019

Feb. 28, 2019

Dear All, Please find the attendance and AC chat attached, and the MP3 and Adobe Connect recording below for the GNSO Drafting Team to Further Develop Guidelines and Principles for the GNSO’s Roles and Obligations as a Decisional Participant in the Empowered Community call held on Wednesday, 27 February 2019 at 21:00 UTC for 60 minutes. Attendance of the call is also posted on the agenda wiki page: https://community.icann.org/x/eaAWBg MP3: https://audio.icann.org/gnso/gnso-bylaws-27feb19-en.mp3 [audio.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__audio.icann.org_gnso_g…> Adobe Connect Recording: https://participate.icann.org/p41os6s7mek/<https://participate.icann.org/p41os6s7mek/?OWASP_CSRFTOKEN=61a9e3c01d576e9b…> The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_grou…> ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-bylaws-dt/ Thank you. Kind regards, Julie

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For Reference: Reports from the Bylaws Drafting Team to the GNSO Council October 2016
by Julie Hedlund Feb. 27, 2019

Feb. 27, 2019

Dear all, On today’s call Steve DelBianco referenced the minority statement that was sent to the GNSO Council along with the Report and Bylaws and GNSO Procedures Map in October 2016 on behalf of the Bylaws DT. These documents are posted to the Bylaws DT wiki at: https://community.icann.org/pages/viewpage.action?pageId=102143480. See below: “The Drafting Team submitted its Final Report to the GNSO Council on 12 October 2016 (https://gnso.icann.org/en/drafts/bylaws-drafting-team-final-report-12oct16-…) along with a Minority Statement (https://gnso.icann.org/en/drafts/bylaws-drafting-team-minority-report-10oct…) The GNSO Council accepted the report on 01 December 2016 (https://community.icann.org/display/gnsocouncilmeetings/Motions+1+December+… Best regards, Julie Julie Hedlund, Policy Director

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Proposed Agenda: Drafting Team Meeting 27 February 21:00 UTC
by Julie Hedlund Feb. 26, 2019

Feb. 26, 2019

Dear all, Please see the following draft agenda for the Drafting Team meeting on Wednesday, 27 February at 21:00 UTC for 60 minutes. Draft Agenda: 1. Review Agenda 2. Updates to Statements of Interest (SOIs) 3. Review and Discuss Draft of Guidelines/Templates for Sections 4.2 and 4.3. See: https://docs.google.com/document/d/1D127ORbHLRk8FeD9j2W-b8_4wKlkaPW-mK33H01… <https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_docume…> and attached. 4. Next steps/next meeting Kind regards, Julie Julie Hedlund, Policy Director

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REMINDER FOR REVIEW Re: Actions: GNSO Drafting Team Meeting 13 February 21:00 UTC
by Julie Hedlund Feb. 26, 2019

Feb. 26, 2019

Dear all, Per action item 1 below, as a reminder please review the Draft Guidelines and Templates Word document or the Google document at: https://docs.google.com/document/d/1D127ORbHLRk8FeD9j2W-b8_4wKlkaPW-mK33H01… in preparation for the Drafting Team meeting on Wednesday, 27 February at 21:00 UTC. Kind regards, Julie & Ariel From: Gnso-bylaws-dt <gnso-bylaws-dt-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Friday, February 22, 2019 at 4:29 PM To: "gnso-bylaws-dt(a)icann.org" <gnso-bylaws-dt(a)icann.org> Subject: [Gnso-bylaws-dt] FOR REVIEW Re: Actions: GNSO Drafting Team Meeting 13 February 21:00 UTC Dear all, Per action item 1 below, please see the attached draft Guidelines and Templates Word document and the Google document at: https://docs.google.com/document/d/1D127ORbHLRk8FeD9j2W-b8_4wKlkaPW-mK33H01… [docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_docume…>. As you will see, other than the background information on the Bylaws and the previous staff guidance, the new material is primarily the motion templates and the instructions for the Reconsideration Request Form. As was noted in the guidance provided by the original Bylaws Drafting Team, decisions in these types of actions can be taken under the existing GNSO Operating Procedures and via a motion with a voting threshold of a simple majority vote of each house. You also will note that the guidance and templates cover the GNSO action under Bylaws section 4.2 Community IRPs, as the guidance is the same as for 4.3 (advice provided by the GNSO Council to the GNSO’s representative to the EC Administration in the form of a motion), and only the motion templates and Reconsideration Request Form differ. We welcome your comments, questions, and suggested edits. Kind regards, Julie & Ariel From: Gnso-bylaws-dt <gnso-bylaws-dt-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Wednesday, February 13, 2019 at 5:12 PM To: "gnso-bylaws-dt(a)icann.org" <gnso-bylaws-dt(a)icann.org> Subject: [Gnso-bylaws-dt] Actions: GNSO Drafting Team Meeting 13 February 21:00 UTC Dear all, Please see below the action items and notes captured by staff from the GNSO Drafting Team meeting held on 13 February 2019 (21:00-22:00 UTC). Staff have posted to the wiki space the action items and notes. Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/pages/viewpage.action?pageId=102146162. Best Regards, Julie Julie Hedlund, Policy Director ACTIONS: 1. Staff to draft a template (and guidance if necessary) for Section 4.3 (include language that the GNSO has considered a lesser action and rejected that action). [DUE 22 FEB/REVIEW 27 FEB] 2. Staff to determine if there are other possible actions by the Council that could prevent the GNSO from taking its actions as a Decisional Participant of the Empowered Community (such as blocking a motion circulated with less than required advance notice) [ONGOING]

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FOR REVIEW Re: Actions: GNSO Drafting Team Meeting 13 February 21:00 UTC
by Julie Hedlund Feb. 22, 2019

Feb. 22, 2019

Dear all, Per action item 1 below, please see the attached draft Guidelines and Templates Word document and the Google document at: https://docs.google.com/document/d/1D127ORbHLRk8FeD9j2W-b8_4wKlkaPW-mK33H01…. As you will see, other than the background information on the Bylaws and the previous staff guidance, the new material is primarily the motion templates and the instructions for the Reconsideration Request Form. As was noted in the guidance provided by the original Bylaws Drafting Team, decisions in these types of actions can be taken under the existing GNSO Operating Procedures and via a motion with a voting threshold of a simple majority vote of each house. You also will note that the guidance and templates cover the GNSO action under Bylaws section 4.2 Community IRPs, as the guidance is the same as for 4.3 (advice provided by the GNSO Council to the GNSO’s representative to the EC Administration in the form of a motion), and only the motion templates and Reconsideration Request Form differ. We welcome your comments, questions, and suggested edits. Kind regards, Julie & Ariel From: Gnso-bylaws-dt <gnso-bylaws-dt-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Wednesday, February 13, 2019 at 5:12 PM To: "gnso-bylaws-dt(a)icann.org" <gnso-bylaws-dt(a)icann.org> Subject: [Gnso-bylaws-dt] Actions: GNSO Drafting Team Meeting 13 February 21:00 UTC Dear all, Please see below the action items and notes captured by staff from the GNSO Drafting Team meeting held on 13 February 2019 (21:00-22:00 UTC). Staff have posted to the wiki space the action items and notes. Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/pages/viewpage.action?pageId=102146162. Best Regards, Julie Julie Hedlund, Policy Director ACTIONS: 1. Staff to draft a template (and guidance if necessary) for Section 4.3 (include language that the GNSO has considered a lesser action and rejected that action). [DUE 22 FEB/REVIEW 27 FEB] 2. Staff to determine if there are other possible actions by the Council that could prevent the GNSO from taking its actions as a Decisional Participant of the Empowered Community (such as blocking a motion circulated with less than required advance notice) [ONGOING]

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Recordings, attendance & AC chat / GNSO Drafting Team call / Wednesday, 13 February 2019 at 21:00 UTC
by Terri Agnew Feb. 14, 2019

Feb. 14, 2019

Dear All, Please find the attendance and AC chat attached, and the MP3 and Adobe Connect recording below for the GNSO Drafting Team to Further Develop Guidelines and Principles for the GNSO’s Roles and Obligations as a Decisional Participant in the Empowered Community call held on Wednesday, 13 February 2019 at 21:00 UTC for 60 minutes. Attendance of the call is also posted on the agenda wiki page: https://community.icann.org/x/cqAWBg MP3: https://audio.icann.org/gnso/gnso-bylaws-13feb19-en.mp3 Adobe Connect Recording: https://participate.icann.org/p7j65ipop18/<https://participate.icann.org/p7j65ipop18/?OWASP_CSRFTOKEN=6dd357a7ea15fdd3…> The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-bylaws-dt/ Thank you. Kind regards, Julie

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Actions: GNSO Drafting Team Meeting 13 February 21:00 UTC
by Julie Hedlund Feb. 14, 2019

Feb. 14, 2019

Dear all, Please see below the action items and notes captured by staff from the GNSO Drafting Team meeting held on 13 February 2019 (21:00-22:00 UTC). Staff have posted to the wiki space the action items and notes. Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/pages/viewpage.action?pageId=102146162. Best Regards, Julie Julie Hedlund, Policy Director ACTIONS: 1. Staff to draft a template (and guidance if necessary) for Section 4.3 (include language that the GNSO has considered a lesser action and rejected that action). [DUE 22 FEB/REVIEW 27 FEB] 2. Staff to determine if there are other possible actions by the Council that could prevent the GNSO from taking its actions as a Decisional Participant of the Empowered Community (such as blocking a motion circulated with less than required advance notice) [ONGOING]

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follow-up
by Wolf-Ulrich.Knoben Feb. 13, 2019

Feb. 13, 2019

All, following the call just concluded I found some "historic" material wrt *Deferral of Motions* On 12 December 2012 the SCI provided the following report to the GNSO Council: “The SCI was asked to consider the current GNSO Council informal practice whereby a party may request the deferral of a motion to a later date in those situations where a formal process for a deferral is not specifically provided (for example, certain deferrals are foreseen as part of the GNSO PDP. The SCI discussed this practice and whether there was a need to create a procedure to formalize this informal practice. After much debate, the SCI concluded that the current practice of allowing for the deferral of motions was done as a matter of courtesy at the discretion of the Chair of the GNSO Council. For this reason, the SCI concluded that there was no need to create a formal procedure at this time. However, the SCI felt that it was necessary to explicitly state that there is no rule that the Chair must always exercise his or her discretion in the affirmative or the negative. Given that the current informal practice is at the discretion of the Chair, the Chair can exercise that same discretion in considering whether to grant or deny any request and can also exercise his or her discretion when determining how to handle any specific situation that may occur with regard to this informal practice.” After 5 - 6 years almost nobody shall remember this. Maybe a note in the procedures could help, and extra-work could be avoided. In addition, potential "Blocking of motions" (as Steve was asking) is regulated by the procedures: 3.3.2 Submission of Reports and Motions Reports and motions should be submitted to the GNSO Council for inclusion on the agenda as soon as possible, but no later than 23h59 Coordinated Universal Time (UTC) on the day, 10 calendar days before the GNSO Council meeting. If a motion is submitted after the Submission Deadline, the GNSO Council shall consider the motion if the following requirements are met: a. The motion (including any report or other supporting documentation) is submitted to the GNSO Council at least 24 hours in advance of the GNSO Council meeting; b. The motion is accompanied by a request to consider the motion despite submission after the Submission Deadline (a “Request for Consideration”); c. A vote on the Request for Consideration shall be called as the first order of business for the agenda item that deals with the motion. The vote on the Request for Consideration must be unanimous (i.e., all Councilors or their proxies must vote and all votes cast must be in favor of considering the motion at such GNSO Council meeting) for the motion to be considered at such GNSO Council meeting. If these requirements are not met, the motion shall not be considered submitted for the next Council meeting. For the avoidance of doubt, if the motion is proposed again for a subsequent Council meeting, it shall not be considered a resubmitted motion under the rules for Resubmission of a Motion in these Operating Procedures. Best regards Wolf-Ulrich

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UPDATE re: Action Item on ccNSO Guideline Comparison
by Julie Hedlund Feb. 13, 2019

Feb. 13, 2019

Dear all, For ease of reference, staff have created a page on the wiki titled “Templates and Guidelines” where you will find the draft templates as well as documents related to the development of guidelines – such as those referenced below. As we develop the guidelines, we can use Google docs for collaboration, in which case we’ll provide externally accessible links to the Google documents while in development, as well as posting the links in the wiki. Here are the relevant links: DT Home Page: https://community.icann.org/pages/viewpage.action?pageId=102143482 Templates and Guidelines page: https://community.icann.org/display/GBIDT/Templates+and+Guidelines Please let us know if you have any questions. Kind regards, Julie Julie Hedlund, Policy Director From: Gnso-bylaws-dt <gnso-bylaws-dt-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Monday, February 11, 2019 at 3:19 PM To: "gnso-bylaws-dt(a)icann.org" <gnso-bylaws-dt(a)icann.org> Subject: [Gnso-bylaws-dt] REMINDER re: Action Item on ccNSO Guideline Comparison Dear all, Per action item 1 below from last week’s meeting, please see the following documents for your review (also attached): 1. Draft List of Guidelines for the GNSO’s Roles and Obligations as a Decisional Participant in the Empowered Committee Update 06 February 2019 – with references to ccNSO documents (note that this reflects only those actions where guidance may need to be developed although some completed items may be included for context) 2. GNSO Operational Procedures and Templates Guidance List 06 February 2019 – with references to the ccNSO document, including specific sections and links 3. Guideline: ccNSO Procedure for the Exercise of the Empowered Community’s rights to Reject Specified Actions May 2018 – with relevant sections highlighted With respect to the actions where guidance may be needed, staff notes the following: Customer Standing Committee (CSC): Section 17.2 CSC composition, appointment, term and removal; and section 17.3 CSC Charter periodic review - process and timeline: The actions relating to Section 17.2 and 17.3 are marked as completed in the attached Draft List since the procedures for the review, as well as the review itself, have been completed by the CSC Effectiveness Review. Participation in community forums: Section 1.3 approval action community forum, Section 2.2 petition process for specified actions, and section 2.3 rejection action community forum: The three attached documents may be used to cross-reference these actions with their relevant ccNSO documents and sections. In addition, the relevant sections in the ccNSO document are highlighted. There may be additional documents forthcoming from the ccNSO, but in the meantime these documents should assist you in preparation for next week’s call on Wednesday, 13 February at 21:00 UTC. They also are posted to the wiki at: https://community.icann.org/pages/viewpage.action?pageId=102146162. Please let staff know if you have any questions. Kind regards, Julie Julie Hedlund, Policy Director From: Gnso-bylaws-dt <gnso-bylaws-dt-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Thursday, February 7, 2019 at 2:39 PM To: "gnso-bylaws-dt(a)icann.org" <gnso-bylaws-dt(a)icann.org> Subject: [Gnso-bylaws-dt] UPDATE re: Action Item on ccNSO Guideline Comparison Dear all, Staff has confirmed that while there are currently no further documents available from the ccNSO that the DT might use for reference/guidance, the latest update as follows indicates that additional documents are in the works: From the ccNSO Support Staff: “The ccNSO Guidelines Review Committee (GRC) started working some time ago on a guideline with the ccNSO Procedure for the Exercise of the Empowered Community’s rights to Approve Specified Actions. The guideline is in a fairly good shape already, and will be reviewed again by the GRC during its meeting on 25 February. Once the GRC has finalized the guideline, it will be sent to the council for an initial review and comments, and then to the ccNSO community for input. Next step is the adoption of the guideline by the council. One of the next work items for the GRC is start working on a guideline relating to initiating Special IFRs. Such a guideline would need to cover IFR membership/participation/specific role of members and related SIFR.” As soon as those documents are available staff will provide them to the DT with a comparison with the identified GNSO guidelines to be developed by the DT. With best regards, Julie From: Gnso-bylaws-dt <gnso-bylaws-dt-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Wednesday, February 6, 2019 at 6:25 PM To: "gnso-bylaws-dt(a)icann.org" <gnso-bylaws-dt(a)icann.org> Subject: [Gnso-bylaws-dt] FOR REVIEW re: Action Item on ccNSO Guideline Comparison Dear all, Per action item 1 below from last week’s meeting, please see the following documents for your review (also attached): 1. Draft List of Guidelines for the GNSO’s Roles and Obligations as a Decisional Participant in the Empowered Committee Update 06 February 2019 – with references to ccNSO documents (note that this reflects only those actions where guidance may need to be developed although some completed items may be included for context) 2. GNSO Operational Procedures and Templates Guidance List 06 February 2019 – with references to the ccNSO document, including specific sections and links 3. Guideline: ccNSO Procedure for the Exercise of the Empowered Community’s rights to Reject Specified Actions May 2018 – with relevant sections highlighted With respect to the actions where guidance may be needed, staff notes the following: Customer Standing Committee (CSC): Section 17.2 CSC composition, appointment, term and removal; and section 17.3 CSC Charter periodic review - process and timeline: The actions relating to Section 17.2 and 17.3 are marked as completed in the attached Draft List since the procedures for the review, as well as the review itself, have been completed by the CSC Effectiveness Review. Participation in community forums: Section 1.3 approval action community forum, Section 2.2 petition process for specified actions, and section 2.3 rejection action community forum: The three attached documents may be used to cross-reference these actions with their relevant ccNSO documents and sections. In addition, the relevant sections in the ccNSO document are highlighted. There may be additional documents forthcoming from the ccNSO, but in the meantime these documents should assist you in preparation for next week’s call on Wednesday, 13 February at 21:00 UTC. They also are posted to the wiki at: https://community.icann.org/pages/viewpage.action?pageId=102146162. Please let staff know if you have any questions. Kind regards, Julie Julie Hedlund, Policy Director From: Gnso-bylaws-dt <gnso-bylaws-dt-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Wednesday, January 30, 2019 at 6:30 PM To: "gnso-bylaws-dt(a)icann.org" <gnso-bylaws-dt(a)icann.org> Subject: [Gnso-bylaws-dt] Actions & Notes: GNSO Drafting Team Meeting 30 January 21:00 UTC Dear all, Please see below the action items and notes captured by staff from the GNSO Drafting Team meeting held on 30 January 2019 (21:00-22:00 UTC). Staff have posted to the wiki space the action items and notes. Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/pages/viewpage.action?pageId=102145163. Best Regards, Julie Julie Hedlund, Policy Director ACTIONS & NOTES Actions: 1. Staff will get materials from ccNSO and provide a draft comparison to the 6 identified areas where GNSO guidelines may be needed. DUE: 06 February. 2. Schedule bi-weekly calls for February: 13 and 27 February at 21:00 UTC – DONE. 3. Open the Google Drive Folder to sharing (view only) – ONGOING. Notes: 1. Administrative issues - chair selection/election; frequency and scheduling of meetings: -- Heather Forrest is nominated as Chair; she accepts and is selected. -- Meet bi-weekly on Wednesdays at 21:00 UTC. Schedule February meetings. 2. Next steps/next meeting: -- Compare ccNSO materials against the 6 identified areas where GNSO guidelines may be needed. Staff will draft and provide to the DT by 06 February (week before meeting). -- Address each of the points/areas in one call, but start with the comparison against the ccNSO materials. -- Next meeting: 13 February.

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