All, This is the Fifth Topical E-mail on outstanding questions being "put to the list." This covers Applicant Fees (Topic 15) Remember: We are down to the wire on this, so unless you have a VERY strong objection to these, we will put these into the document. If you do have a big issue with the responses to these (all of which were previously discussed and in emails over the past 1.5 months), please let us know ASAP. Only comments that provide the rationale for the objection with proposed replacement text to address the specific outstanding questions will now be considered. Lets not let the perfect be the enemy of the good. Working Group Draft Report: 1. Recommendation 15.7: In managing funds for the New gTLD Program, ICANN must have a plan in place for managing any excess fees collected or budget shortfalls experienced. The plan for the management and disbursement of excess fees, if applicable, must be communicated in advance of accepting applications and collecting fees for subsequent procedures. The implementation guidance below describes in more detail how this should be accomplished. 2. Implementation Guidance 15.8: If excess fees are collected in subsequent procedures and the cost recovery model is followed (i.e., the application fee floor is not implemented) any excess fees should be returned to applicants where possible. The disbursement mechanism must be communicated before applicants submit applications and fees to ICANN. ICANN Board Comment: The Board notes the PDP's Recommendation 15.7: "In managing funds for the New gTLD Program, ICANN must have a plan in place for managing any excess fees collected or budget shortfalls experienced. The plan for the management and disbursement of excess fees, if applicable, must be communicated in advance of accepting applications and collecting fees for subsequent procedures." The Board asks the PDP to more carefully examine the concept of "excess" or shortage of fees, especially in the light of the likely need for ICANN org, a not-for- profit organization, to increase resources for the application process and the continued support of the new gTLD program. The proposed principle of cost recovery of the next round, as for the 2012 round is understood as a clear mechanism to state to the public that the fee to be paid by applicants is designed to only cover for the cost of the program and not to support non-program operations of ICANN org. the proposed principle does not require a dollar-to-dollar return of any potential excess. The lack of a clear definition of "closure" and "round" for any new gTLD subsequent procedures future 'round' is also problematic in this context and the Board encourages the PDP WG to contemplate including such definition in its Final Report. (Pg. 63) Working Group Discussion: There are several main points in this comment. First is that there should be some money set aside to continue to fund the ongoing new gTLD Program for subsequent rounds. Second, there is an issue as to the timing of when refunds are issued. Leadership Recommendation - Proposed Implementation Guidance: * Although ICANN must operate the new gTLD Program on a Cost Recovery basis (subject to any floors as set forth in this report) may set aside a certain small percentage of excess fees (to the extent there are excess fees) to apply towards covering the costs of future subsequent rounds of new gTLDs to ensure that the new gTLD Program is able to continue into the future. * In addition, with the remainder of any excess fees, ICANN may establish a schedule for the disbursement of refunds upon the achievement of specified milestones. For illustrative purposes only, such a schedule could establish that once 50% of the applications have been fully processed (eg., delegated, withdrawn, or not approved), ICANN would issue a payment of 25% of the excess fees back to the applicants. * ICANN should further explore these with the Implementation Review Team and ensure that the resulting implementation is clearly documented in the Applicant Guidebook. Please have your comments (If any) by no later than 23:59:59 UTC on Tuesday, December 8, 2020. Sincerely, Jeff & Cheryl SubPro Co-Chairs [cid:image001.png@01D6CA1C.7886E610] Jeffrey J. Neuman Founder & CEO JJN Solutions, LLC p: +1.202.549.5079 E: jeff@jjnsolutions.com<mailto:jeff@jjnsolutions.com> http://jjnsolutions.com
