- SubPro-IRT - lists.icann.org

Community Input & Dispute Resolution
by Lars Hoffmann May 15, 2025

May 15, 2025

Dear IRT members, Please see here the redline for the Community Input and Dispute Resolution language: https://docs.google.com/document/d/16HK37AMl3VtfmhzPSoiidyqMYRrKzNRCYArbp7A… Please note, this topic includes language on: * Application Comments * GAC early warning * GAC advice * Singular/Plural notification * Objections * Standing * Filing and Processing * Appeals If you’d like to provide further input, please use the comment function on the google document. At this time, we have not more discussion on this topic scheduled. Very best. Lars

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High-level Guide to the Draft AGB Webinar (2 of 2) | 3 June 2025, 16:30-18:00 UTC
by Next Round Policy Implementation May 15, 2025

May 15, 2025

Dear All, As announced on one of the SubPro IRT calls and ICANN announcement (here<https://www.icann.org/en/announcements/details/icann-webinar-will-introduce…>), please find the details for joining the second of two webinars on the High-level Guide to the Draft Applicant Guidebook. Please do not share the zoom link outside of the SubPro IRT to avoid zoom bombing. High-level Guide to the Draft Applicant Guidebook Webinar (2 of 2) Tuesday, 3 June 2025 at 16:30-18:00 UTC Join Zoom Meeting directly (recommended): https://icann.zoom.us/j/97804323630?pwd=3iAkHAL6xazbk3O7ElwyHSfkkrD4lw.1 Meeting ID: 978 0432 3630 Passcode: =SG7J*VFi# Audio only: One tap mobile +12532158782,,97804323630#,,,,*0557715010# US (Tacoma) +13017158592,,97804323630#,,,,*0557715010# US (Washington DC) Meeting ID: 978 0432 3630 Passcode: 0557715010 Find your local number: https://icann.zoom.us/u/abQbe1ODs Before joining the call: Please be sure you have read the ICANN Expected Standards of Behavior: https://www.icann.org/resources/pages/expected-standards-2016-06-28-en and the ICANN Community Anti-Harassment Policy<https://wecann.icann.org/external-link.jspa?url=https%3A%2F%2Fwww.icann.org…> Time conversion link: https://tinyurl.com/4tjdtvyx Please do not hesitate to contact us should you have any questions. Best regards, Renate

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High-level Guide to the Draft AGB Webinar (1 of 2) | 3 June 2025, 04:00-05:30 UTC
by Next Round Policy Implementation May 15, 2025

May 15, 2025

Dear All, As announced on one of the SubPro IRT calls and in the ICANN announcement (here<https://www.icann.org/en/announcements/details/icann-webinar-will-introduce…>), please find the details for joining the first of two webinars on the High-level Guide to the Draft Applicant Guidebook. Please do not share the zoom link outside of the SubPro IRT to avoid zoom bombing. High-level Guide to the Draft Applicant Guidebook Webinar (1 of 2) Tuesday, 3 June 2025 at 04:00-05:30 UTC Join Zoom Meeting directly (recommended): https://icann.zoom.us/j/97804323630?pwd=3iAkHAL6xazbk3O7ElwyHSfkkrD4lw.1 Meeting ID: 978 0432 3630 Passcode: =SG7J*VFi# Audio only: One tap mobile +12532158782,,97804323630#,,,,*0557715010# US (Tacoma) +13017158592,,97804323630#,,,,*0557715010# US (Washington DC) Meeting ID: 978 0432 3630 Passcode: 0557715010 Find your local number: https://icann.zoom.us/u/abQbe1ODs Before joining the call: Please be sure you have read the ICANN Expected Standards of Behavior: https://www.icann.org/resources/pages/expected-standards-2016-06-28-en and the ICANN Community Anti-Harassment Policy<https://wecann.icann.org/external-link.jspa?url=https%3A%2F%2Fwww.icann.org…> Time conversion link: https://tinyurl.com/bdef2ks7 Please do not hesitate to contact us should you have any questions. Best regards, Renate

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REMINDER | SubPro IRT Meeting #140 | 15 May 2025, 18:00-20:00 UTC
by Next Round Policy Implementation May 14, 2025

May 14, 2025

Dear All, Meeting #140 of the SubPro IRT will be held on 15 May 2025 at 18:00-20:00 UTC [local time<https://tinyurl.com/mrxx94n7>]. Planned topics: 18. Terms & Conditions The final agenda can be consulted here<https://icann-community.atlassian.net/wiki/x/KwDLCg?atlOrigin=eyJpIjoiNjcwZ…>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en> and the ICANN Community Anti-Harassment Policy<https://wecann.icann.org/external-link.jspa?url=https%3A%2F%2Fwww.icann.org…>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You may be removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/97063459905?pwd=VUVsd0J0RnNtRXkyNXJFZW9vdTEzZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/97063459905?pwd=VUVsd0J0…> Meeting ID: 970 6345 9905 Passcode: DQ#0L.9x5e Zoom Audio only: One tap mobile +13462487799,,97063459905#,,,,*5806401747# US (Houston) +16699006833,,97063459905#,,,,*5806401747# US (San Jose) Meeting ID: 970 6345 9905 Passcode: 5806401747 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Renate

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Re: [Ext] RE: Recommendation 36.4 re: Fraudulent and Deceptive Practices
by Lars Hoffmann May 14, 2025

May 14, 2025

Thanks, Susan. Section 4.3(f) in full is as follows (bolded is what was shared yesterday) and it is the same language shared on 25 April. 1. ICANN may, upon notice to Registry Operator, terminate this Agreement if (i) Registry Operator knowingly employs any officer who is convicted of a misdemeanor related to financial activities or of any felony, or is judged by a court of competent jurisdiction to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such officer is not terminated within thirty (30) calendar days of Registry Operator’s knowledge of the foregoing, (ii) any member of Registry Operator’s board of directors or similar governing body is convicted of a misdemeanor related to financial activities or of any felony, or is determined by a court of competent jurisdiction or by an arbitrator to have committed fraud or breach of fiduciary duty, or is the subject of a judicial or arbitral determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing and such member is not removed from Registry Operator’s board of directors or similar governing body within thirty (30) calendar days of Registry Operator’s knowledge of the foregoing, or (iii) the Registry Operator is determined by a court of competent jurisdiction or by an arbitrator to have committed fraud or deceptive practices in the provision of Registry Services under this Agreement for the TLD, or is the subject of a judicial or arbitral determination that ICANN reasonably deems as the substantive equivalent. Best, Jamie From: Susan Payne <susan.payne(a)comlaude.com> Date: Wednesday, 14 May 2025 at 11:30 To: Lars Hoffmann <lars.hoffmann(a)icann.org>, Jamie Hedlund <jamie.hedlund(a)icann.org> Cc: Karla Hakansson <karla.hakansson(a)icann.org>, Anne ICANN <anneicanngnso(a)gmail.com>, Jared Erwin via SubPro-IRT <subpro-irt(a)icann.org> Subject: [Ext] RE: Recommendation 36.4 re: Fraudulent and Deceptive Practices Thanks Lars (and Jamie) In order that the IRT can properly review this, please would you provide the whole of what is now proposed as section 4.3(f). The language for (iii) needs to be seen in context with the rest of the clause. Based on the text Karla shared in her note as the then latest proposal on 4.3(f) (reproduced below) I’m struggling to see how (iii) is supposed to fit: ICANN may, upon notice to Registry Operator, terminate this Agreement if (i) ICANN receives a complaint, or ICANN otherwise becomes aware, that Registry Operator is engaging in fraudulent or deceptive business practices in provision of Registry Services under this Agreement for the TLD; and (ii) such fraudulent or deceptive business practices have resulted in an adverse action or decision and a failure to remediate finding against the Registry Operator by a relevant governmental consumer protection authority or authorities with jurisdiction over the matter, or Registry Operator is the subject of a determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing; provided that, if ICANN receives a complaint related to the foregoing, all available relevant documentation from such adverse action or decision and a failure to remediate finding must be included as part of the complaint. Is the proposed text for 4.3(f)(iii) meant to replace some or all of this (and so is not in fact (iii)), or is it an additional subclause, following on from (ii), and in which case is this “and” or “or” (either of which seem to lack coherence). As you know, we have a Council meeting at 0500UTC Thursday, where Anne and I have referred this matter. Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:image001.png@01DBC4F7.9F67D570] [comlaude.com]<https://urldefense.com/v3/__https:/comlaude.com/__;!!PtGJab4!_2vy3wWhHjna8i…> Follow us on LinkedIn [t-uk.xink.io]<https://urldefense.com/v3/__https:/t-uk.xink.io/Tracking/Index/pRkAAGVfAADw…> and YouTube [t-uk.xink.io]<https://urldefense.com/v3/__https:/t-uk.xink.io/Tracking/Index/bhkAAGVfAADw…> From: Lars Hoffmann via SubPro-IRT <subpro-irt(a)icann.org> Sent: 14 May 2025 09:20 To: Jared Erwin via SubPro-IRT <subpro-irt(a)icann.org> Cc: Jamie Hedlund <jamie.hedlund(a)icann.org>; Karla Hakansson <karla.hakansson(a)icann.org> Subject: [SubPro-IRT] Recommendation 36.4 re: Fraudulent and Deceptive Practices Dear all, Please, find below a message from Jamie Hedlund, SVP Contractual Compliance and U.S. Government Engagement Best wishes. Lars Dear IRT, Attached please find a revised org proposal for implementation of SubPro Recommendation 36.4. I am sharing this revised proposal as Karla is out this week. As you will see, the proposal would: * add a PIC to RA Spec. 11, Section 3 to prohibit a registry operator from engaging in fraudulent or deceptive business practices in performing any Critical Function under this Agreement. By narrowly defining the scope of registry conduct subject to a PIC, it limits the extent to which ICANN org would be placed in the role of enforcing substantive areas of law that are outside ICANN’s mission and bylaws. * amend RA Section 4.3(f) to allow ICANN to terminate an agreement if a registry operator is determined by a court of competent jurisdiction or by an arbitrator to have committed fraud or deceptive practices in the provision of Registry Services under this Agreement for the TLD, or is the subject of a judicial or arbitral determination that ICANN reasonably deems as the substantive equivalent. We look forward to discussing this proposal at the next IRT meeting following Karla’s return from vacation. Thank you. Best, Jamie Hedlund Jamie Hedlund Senior Vice President, Contractual Compliance and U.S. Government Engagement Internet Corporation for Assigned Names and Numbers (ICANN) Office Telephone: +1 310 301 5800 www.icann.org<http://www.icann.org/> ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the “Com Laude Group”) does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com [comlaude.com]<https://urldefense.com/v3/__https:/comlaude.com/__;!!PtGJab4!_2vy3wWhHjna8i…>

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Recommendation 36.4 re: Fraudulent and Deceptive Practices
by Lars Hoffmann May 14, 2025

May 14, 2025

Dear all, Please, find below a message from Jamie Hedlund, SVP Contractual Compliance and U.S. Government Engagement Best wishes. Lars Dear IRT, Attached please find a revised org proposal for implementation of SubPro Recommendation 36.4. I am sharing this revised proposal as Karla is out this week. As you will see, the proposal would: * add a PIC to RA Spec. 11, Section 3 to prohibit a registry operator from engaging in fraudulent or deceptive business practices in performing any Critical Function under this Agreement. By narrowly defining the scope of registry conduct subject to a PIC, it limits the extent to which ICANN org would be placed in the role of enforcing substantive areas of law that are outside ICANN’s mission and bylaws. * amend RA Section 4.3(f) to allow ICANN to terminate an agreement if a registry operator is determined by a court of competent jurisdiction or by an arbitrator to have committed fraud or deceptive practices in the provision of Registry Services under this Agreement for the TLD, or is the subject of a judicial or arbitral determination that ICANN reasonably deems as the substantive equivalent. We look forward to discussing this proposal at the next IRT meeting following Karla’s return from vacation. Thank you. Best, Jamie Hedlund Jamie Hedlund Senior Vice President, Contractual Compliance and U.S. Government Engagement Internet Corporation for Assigned Names and Numbers (ICANN) Office Telephone: +1 310 301 5800 www.icann.org<http://www.icann.org>

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Re: [Ext] Re: Updated AGB Language for PICs/RVCs, CPE, Application Questions
by Pruis, Elaine May 13, 2025

May 13, 2025

Thank you Jared Perhaps adding this sentence from your explanation “As noted in the Application Change Request section, if an applicant does not pass CPE, it must remain a community applicant/application, and the community registration policies must remain in their Registry Agreement.” At the end of “If the community-based applications (as there could be more than one) in a contention set do not meet the criteria set forth below, then all of the applications in the contention set will proceed to an ICANN auction. [See Section X.X Contention Resolution for more information.]” Would make it abundantly clear to everyone reading that section of the AGB. Thanks! Elaine From: Jared Erwin <jared.erwin(a)icann.org> Date: Tuesday, May 13, 2025 at 11:44 AM To: Elaine Pruis <epruis(a)verisign.com> Cc: Anne ICANN <anneicanngnso(a)gmail.com>, "subpro-irt(a)icann.org" <subpro-irt(a)icann.org> Subject: [EXTERNAL] Re: [SubPro-IRT] Re: [Ext] Re: Updated AGB Language for PICs/RVCs, CPE, Application Questions Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Elaine and IRT Members, As a reminder, CPE does not determine the community status of an applicant/application. It determines whether a community application can achieve priority in the contention set, based on meeting the criteria. In that sense, the community status is not variable based on whether an application passes CPE. An applicant that marks its application as a community application cannot change that (as noted in the Application Change Request section). So, even if an applicant does not pass CPE, it must remain a community applicant/application, and the community registration policies (which must have already passed RCE), must remain in their Registry Agreement. Please let me know of any further questions. Thank you Jared From: "Pruis, Elaine" <epruis(a)verisign.com> Date: Monday, May 12, 2025 at 21:02 To: Jared Erwin <jared.erwin(a)icann.org> Cc: Anne ICANN <anneicanngnso(a)gmail.com>, "subpro-irt(a)icann.org" <subpro-irt(a)icann.org> Subject: Re: [SubPro-IRT] Re: [Ext] Re: Updated AGB Language for PICs/RVCs, CPE, Application Questions Hi, In the following scenario, “If the community-based applications (as there could be more than one) in a contention set do not meet the criteria set forth below, then all of the applications in the contention set will proceed to an ICANN auction. [See Section X.X Contention Resolution for more information.]” Can the community based applicant “change” to a “generic” application or are they still evaluated on the community specific items (registration polices) ? In other words are they held to the application commitments even if they don’t get CP? Elaine On May 8, 2025, at 6:25 PM, Jared Erwin via SubPro-IRT <subpro-irt(a)icann.org> wrote: Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Anne, Apologies. Too many links. Here is the correct one for CPE: https://docs.google.com/document/d/1q3jkjyTkhwU6wMzTq55oIEc5p-w6vVy5p1v3ywO… [secure-web.cisco.com] Thank you Jared From: Anne ICANN <anneicanngnso(a)gmail.com> Date: Thursday, May 8, 2025 at 17:23 To: Jared Erwin <jared.erwin(a)icann.org> Cc: "subpro-irt(a)icann.org" <subpro-irt(a)icann.org> Subject: [Ext] Re: [SubPro-IRT] Updated AGB Language for PICs/RVCs, CPE, Application Questions Thanks Jared. I clicked on the CPE link. It says "Access Denied" - the organization doesn't permit me to access this doc etc. Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso(a)gmail.com On Thu, May 8, 2025 at 2:39 PM Jared Erwin via SubPro-IRT <subpro-irt(a)icann.org> wrote: Dear IRT Members, Please find here the updated AGB Language for the following topics: PICs/RVCs: https://docs.google.com/document/d/1vOzVd93nws_0Sbp6-UPw8IVsvA2CeEOMgcfm5tZ… [docs.google.com] [secure-web.cisco.com] Updates to Community Registration Policies based on discussion on Tuesday CPE: https://docs.google.com/document/d/18B4fInk87eU8gpCFZrLur8v6SokM4ZG3HPAbQUM… [docs.google.com] [secure-web.cisco.com] This version addresses comments from our discussion on Tuesday, as well as addresses comments submitted by Kathy and Anne today on the previous version [docs.google.com] [secure-web.cisco.com] Please note Footnote 12 re: community experts which is intended to be a general statement to apply to all criteria and is no longer isolated just under awareness On Footnote 7, we have opted to refer to the criteria for more information re: “majority” vs “minority” and the determination for that, as opposed to having that definition in multiple places Application Questions: https://docs.google.com/document/d/13h1K-Pa0Z8JeKtacOAaGnQM9KnvJOuSTfnNhXUM… [docs.google.com] [secure-web.cisco.com] Includes updates to question 47 based on a comment from Jeff on the previous version [docs.google.com] [secure-web.cisco.com] We have also added question 156 related to the new “established presence” sub-criterion for CPE as well as made some adjustments to other CPE questions related to organization to more closely align with the criteria/guidelines Thank you, Jared -- Jared Erwin Director, New gTLD Program Global Domains & Strategy Internet Corporation for Assigned Names and Numbers (ICANN) jared.erwin(a)icann.org _______________________________________________ SubPro-IRT mailing list -- subpro-irt(a)icann.org To unsubscribe send an email to subpro-irt-leave(a)icann.org _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy [secure-web.cisco.com] and the website Terms of Service (https://www.icann.org/privacy/tos [secure-web.cisco.com] You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on. _______________________________________________ SubPro-IRT mailing list -- subpro-irt(a)icann.org To unsubscribe send an email to subpro-irt-leave(a)icann.org _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://secure-web.cisco.com/13xj6T9lWb4rXq96nTOdPE8P56hEhxAuD57susqbBXQSj3…) and the website Terms of Service (https://secure-web.cisco.com/1dFwWWTB4cLNOA7t-V7Q-iF30SoAA8kI4KkQqyHVsM-xrv…) You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

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Updated AGB Language for PICs/RVCs, CPE, Application Questions
by Jared Erwin May 13, 2025

May 13, 2025

Dear IRT Members, Please find here the updated AGB Language for the following topics: * PICs/RVCs: https://docs.google.com/document/d/1vOzVd93nws_0Sbp6-UPw8IVsvA2CeEOMgcfm5tZ… * Updates to Community Registration Policies based on discussion on Tuesday * CPE: https://docs.google.com/document/d/18B4fInk87eU8gpCFZrLur8v6SokM4ZG3HPAbQUM… * This version addresses comments from our discussion on Tuesday, as well as addresses comments submitted by Kathy and Anne today on the previous version<https://docs.google.com/document/d/1gVDvbjPEdwzxmBI96yLZ7yN0FKQvccBFmWCg2-t…> * Please note Footnote 12 re: community experts which is intended to be a general statement to apply to all criteria and is no longer isolated just under awareness * On Footnote 7, we have opted to refer to the criteria for more information re: “majority” vs “minority” and the determination for that, as opposed to having that definition in multiple places * Application Questions: https://docs.google.com/document/d/13h1K-Pa0Z8JeKtacOAaGnQM9KnvJOuSTfnNhXUM… * Includes updates to question 47 based on a comment from Jeff on the previous version<https://docs.google.com/document/d/1FZ7NaLUaQ67DWeSoUHgUhTaa0s5y5hmwup0-nXI…> * We have also added question 156 related to the new “established presence” sub-criterion for CPE as well as made some adjustments to other CPE questions related to organization to more closely align with the criteria/guidelines Thank you, Jared -- Jared Erwin Director, New gTLD Program Global Domains & Strategy Internet Corporation for Assigned Names and Numbers (ICANN) jared.erwin(a)icann.org<mailto:jared.erwin@icann.org>

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Contention Resolution
by Lars Hoffmann May 13, 2025

May 13, 2025

Dear IRT, Please see here for a link to the updated document on Contention Set Resolution (Topic 35): https://docs.google.com/document/d/1bIu1lRxe4zr-lKRlfoQzd9dayoysItb4-AtvXUz… This version shows only the redlines from the previous version we shared (and reviewed) during last week’s call. The document will go for public comment as part of the full AGB at the end of this month. Best wishes, Lars

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ASP Bid Credit Proposed Revisions
by Kristy Buckley May 8, 2025

May 8, 2025

Greetings IRT and ASP-IRT members (please forgive the cross-post), Further to our discussion today during Meeting #138<https://icann-community.atlassian.net/wiki/spaces/SPIR/pages/181141583/2025…>, we are sharing the proposed revisions to the ASP bid credit on the EXT drive<https://docs.google.com/document/d/1bIu1lRxe4zr-lKRlfoQzd9dayoysItb4-AtvXUz…>. As noted during the meeting, we are proposing these revisions for two reasons: 1. The edits intend to clarify that the bid credit indeed acts as a credit as well as a discount. The credit allows supported applicants to bid higher than they might otherwise, thereby increasing their chance of winning (per the stated rationale for policy Rec 17.15<https://gnso.icann.org/sites/default/files/file/field-file-attach/final-rep…>). The bid credit also provides a discount by reducing the amount due by the winning supported applicant. 2. These revisions aim to further mitigate risks associated with ICANN providing undue financial benefits to private parties (in the case that the winning price paid by the supported applicant exceeds the financial thresholds needed to qualify for support). Many thanks for your initial review during the meeting. Please let us know if you have any further questions or comments. Kind regards, Kristy

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