I have significant suggested changes to the private auction section in the attached. There appears to be a fundamental misunderstanding of private auctions vs. other types of private resolutions in the 2012 round. If the WG wants to forbid all private resolutions and require an auction of last resort, it could do so as a matter of policy. I don't see how, however, the WG could bad one form of private resolution and not any others. If just private auctions are banned, then the applicants will come up with another way to pay each other. In a simple example take a contention set with only two applicants, the parties could simply negotiate a sale; could flip a coin with the loser to pay a pre-determined amount; could do a cut and choose option; could do a swap if there were more than one TLDs in contention between the parties, etc. There are dozens of creative ways to resolve contention sets without a private auction. In other words, if the WG wants all the money to go to ICANN or charity, it needs to ban all private resolutions (not just private auctions). Just banning private auctions would be like just banning one flavor of ice cream. The question is whether the WG has a consensus to ban private resolution and force auctions of last resort or some other means to resolve contention. Thanks. Jon
On Oct 1, 2018, at 9:21 PM, Aikman-Scalese, Anne <AAikman@lrrc.com> wrote:
sure
Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com <mailto:AAikman@lrrc.com> _____________________________ <image001.png> Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 2000 Tucson, Arizona 85701-1611 lrrc.com <http://lrrc.com/>
From: Jeff Neuman [mailto:jeff.neuman@comlaude.com <mailto:jeff.neuman@comlaude.com>] Sent: Monday, October 01, 2018 6:05 PM To: Aikman-Scalese, Anne; 'Steve Chan'; gnso-newgtld-wg@icann.org <mailto:gnso-newgtld-wg@icann.org> Cc: Cheryl Langdon-Orr Subject: RE: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 2 October 2018 at 03:00 UTC
Thanks Anne. If you are on the call in a couple of hours, can you remind us of this comment?
Jeff Neuman Senior Vice President
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From: Aikman-Scalese, Anne <AAikman@lrrc.com <mailto:AAikman@lrrc.com>> Sent: Monday, October 1, 2018 8:46 PM To: 'Steve Chan' <steve.chan@icann.org <mailto:steve.chan@icann.org>>; gnso-newgtld-wg@icann.org <mailto:gnso-newgtld-wg@icann.org> Cc: Jeff Neuman <jeff.neuman@comlaude.com <mailto:jeff.neuman@comlaude.com>>; Cheryl Langdon-Orr <langdonorr@gmail.com <mailto:langdonorr@gmail.com>> Subject: RE: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 2 October 2018 at 03:00 UTC
Jeff and Cheryl, I apologize if this comment comes later than expected. Regarding the section below related to Auctions, could you please add that “Another Working Group member noted that a system of graduated fees would favor larger entities with multiple applications and might also affect applicants’ strategies in relation to the formation of applicant entities.”
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Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com <mailto:AAikman@lrrc.com> _____________________________ <image006.png> Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 2000 Tucson, Arizona 85701-1611 lrrc.com <http://lrrc.com/>
From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces@icann.org <mailto:gnso-newgtld-wg-bounces@icann.org>] On Behalf Of Steve Chan Sent: Friday, September 28, 2018 3:53 PM To: gnso-newgtld-wg@icann.org <mailto:gnso-newgtld-wg@icann.org> Subject: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 2 October 2018 at 03:00 UTC
Dear WG Members,
Please find the proposed agenda for the New gTLD Subsequent Procedures PDP WG meeting scheduled for 2 October 2018 at 03:00 UTC, for 90 minutes.
Agenda review/SOIs Supplemental Report: Review of sections 1.1, 1.2, 1.3, 1.4, and 1.5 continued Draft of the additional Supplemental Report sections. Initial assessment of work required for Final CCT-RT Report AOB
For agenda item 2, please find the latest staff draft, which seeks to incorporate input received during past WG meetings. For item 2.a, please find an initial staff draft of the other sections intended to be included with the supplemental report. Staff has attempted to ensure that all required elements of an Initial Report are included, but done so in a streamlined fashion. For context, the documentation the WG has been reviewing the last few meetings (i.e., 1.1-1.5) will slot into section two (2) of this template.
For Item 3, please find attached an initial staff draft that seeks to assess the level to which the PDP WG has already addressed CCT-RT recommendations and where additional work may be needed. This analysis is similar to that done for SAC090.
Those signed up as Members to this PDP WG should have received meeting information from the SOAC Support team. If you did not receive these participation details or if you would like to send your apologies, please contact the SOAC Support team (gnso-secs@icann.org <mailto:gnso-secs@icann.org>).
Best, Steve
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