ICANN Org ACTION REQUIRED: FORMAL NOTIFICATION - RSP Issue Referred by GNSO Council
Dear Jared and Marika, On 10 June 2026, the GNSO Council referred to SPIRT an issue concerning a misalignment between the RSP Pre-evaluation process and the new base Registry Operator Agreement (Base RA) for the 2026 round of new gTLDs. Specifically, while the Base RA no longer requires registry operators to use only EPP extensions registered with IANA, the RSP Pre-evaluation questions still require RSP applicants to attest that they will use only IANA-registered EPP extensions, a requirement that is also tested during Registry System Testing. As a result, the obligation currently placed on RSPs is misaligned with the obligation under the Base RA. After initial discussion, SPIRT concluded on 11 June 2026, at ICANN 86, that this issue must be addressed by ICANN org and SPIRT under the Predictability Framework set forth in the 2026 final Applicant Guidebook. SPIRT further concluded that addressing the issue requires a non-minor change to the New gTLD Program, consistent with existing Board-approved policy recommendations, and that such a change would have a material impact on Applicants, meaning ICANN org and SPIRT "have to agree on a permanent solution." Per Appendix 6 of the Applicant Guidebook, "If an agreement is not reached within 30 days, or more urgent action is necessary to the operation of the program, ICANN can implement a temporary solution to be replaced with the solution of ICANN and SPIRT once agreed." SPIRT members had until 23:59:59 UTC on 16 June 2026, to register support or objection to two questions: (1) whether addressing this issue requires a non-minor operational change to the Program, and (2) whether such a change would have a material impact on Applicants. All members who responded confirmed agreement with the June 11 conclusions, and no member objected. Accordingly, in accordance with the Predictability Framework, SPIRT is formally notifying ICANN org "that a change to the ongoing round of the New gTLD Program may be required." The supporting rationale is set out in SPIRT leadership's original request of May 5, 2026 (available here <https://lists.icann.org/hyperkitty/list/gnso-spirt@icann.org/thread/FWYNI2RX...> ). Under the Predictability Framework, the question now before ICANN org is: "Does org determine that a change to the ongoing round of the Program is indeed required?" If the answer is yes, SPIRT will Collaborate with ICANN org to develop a solution. At its June 11 meeting, SPIRT requested that ICANN org provide this answer no later than July 3, 2026, so that at least a temporary solution can be developed and announced before the RSP application window closes on 12 August 2026. Please let us know as soon as possible whether ICANN org will be able to respond by 3 July. If not, please propose an alternate date, bearing in mind that RSP Applicants are best served by receiving notice as early as possible ahead of the close of the RSP Application Window. A draft timeline for resolving this issue is attached for your reference. *PROPOSED TIMELINE* 17 June 2026: ICANN org provided notice that a change to the ongoing round may be required 03 July 2026: ICANN org responds to SPIRT stating that a change is indeed required 6 July 2026 – 31 July 2026: ICANN org and SPIRT collaborate on solution (temporary if necessary) 05 Aug. 2026 – ICANN announces change to ongoing round implementing temporary/permanent solution 12 Aug. 2026 – Application Window closes for both RSP applicants and Registry Operator Applicants Best Regards, Jeff Neuman, SPIRT Chair ***Please Note that JJN Solutions, LLC is now JJN Solutions Law, PLLC*** * Jeffrey J. Neuman* Founder & CEO *JJN Solutions Law, PLLC* +1.202.549.5079 *Jeff@jjnsolutions.com <Jeff@jjnsolutions.com>* *https://www.jjnsolutions.com <https://www.jjnsolutions.com>*
Thanks, Jeff. As Jared is out, I acknowledge receipt. The team will do its best to work within the timeline proposed below. Best regards, Marika From: Jeff Neuman <Jeff@jjnsolutions.com> Date: Wednesday, 17 June 2026 at 17:06 To: Jared Erwin <jared.erwin@icann.org>, Marika Konings <marika.konings@icann.org> Cc: "gnso-spirt@icann.org" <gnso-spirt@icann.org> Subject: [Ext] ICANN Org ACTION REQUIRED: FORMAL NOTIFICATION - RSP Issue Referred by GNSO Council Dear Jared and Marika, On 10 June 2026, the GNSO Council referred to SPIRT an issue concerning a misalignment between the RSP Pre-evaluation process and the new base Registry Operator Agreement (Base RA) for the 2026 round of new gTLDs. Specifically, while the Base RA no longer requires registry operators to use only EPP extensions registered with IANA, the RSP Pre-evaluation questions still require RSP applicants to attest that they will use only IANA-registered EPP extensions, a requirement that is also tested during Registry System Testing. As a result, the obligation currently placed on RSPs is misaligned with the obligation under the Base RA. After initial discussion, SPIRT concluded on 11 June 2026, at ICANN 86, that this issue must be addressed by ICANN org and SPIRT under the Predictability Framework set forth in the 2026 final Applicant Guidebook. SPIRT further concluded that addressing the issue requires a non-minor change to the New gTLD Program, consistent with existing Board-approved policy recommendations, and that such a change would have a material impact on Applicants, meaning ICANN org and SPIRT "have to agree on a permanent solution." Per Appendix 6 of the Applicant Guidebook, "If an agreement is not reached within 30 days, or more urgent action is necessary to the operation of the program, ICANN can implement a temporary solution to be replaced with the solution of ICANN and SPIRT once agreed." SPIRT members had until 23:59:59 UTC on 16 June 2026, to register support or objection to two questions: (1) whether addressing this issue requires a non-minor operational change to the Program, and (2) whether such a change would have a material impact on Applicants. All members who responded confirmed agreement with the June 11 conclusions, and no member objected. Accordingly, in accordance with the Predictability Framework, SPIRT is formally notifying ICANN org "that a change to the ongoing round of the New gTLD Program may be required." The supporting rationale is set out in SPIRT leadership's original request of May 5, 2026 (available here [lists.icann.org]<https://urldefense.com/v3/__https:/lists.icann.org/hyperkitty/list/gnso-spir...>). Under the Predictability Framework, the question now before ICANN org is: "Does org determine that a change to the ongoing round of the Program is indeed required?" If the answer is yes, SPIRT will Collaborate with ICANN org to develop a solution. At its June 11 meeting, SPIRT requested that ICANN org provide this answer no later than July 3, 2026, so that at least a temporary solution can be developed and announced before the RSP application window closes on 12 August 2026. Please let us know as soon as possible whether ICANN org will be able to respond by 3 July. If not, please propose an alternate date, bearing in mind that RSP Applicants are best served by receiving notice as early as possible ahead of the close of the RSP Application Window. A draft timeline for resolving this issue is attached for your reference. PROPOSED TIMELINE 17 June 2026: ICANN org provided notice that a change to the ongoing round may be required 03 July 2026: ICANN org responds to SPIRT stating that a change is indeed required 6 July 2026 – 31 July 2026: ICANN org and SPIRT collaborate on solution (temporary if necessary) 05 Aug. 2026 – ICANN announces change to ongoing round implementing temporary/permanent solution 12 Aug. 2026 – Application Window closes for both RSP applicants and Registry Operator Applicants Best Regards, Jeff Neuman, SPIRT Chair **Please Note that JJN Solutions, LLC is now JJN Solutions Law, PLLC** [cid:image001.png@01DCFE80.2B7DB580] Jeffrey J. Neuman Founder & CEO JJN Solutions Law, PLLC +1.202.549.5079 Jeff@jjnsolutions.com<mailto:Jeff@jjnsolutions.com> https://www.jjnsolutions.com [jjnsolutions.com]<https://urldefense.com/v3/__https:/www.jjnsolutions.com__;!!PtGJab4!5NxGr_pp...>
participants (3)
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anil Jain -
Jeff Neuman -
Marika Konings