Thanks Lars for pointing me to the slide. Why do any of the other Activities listed in Window #2 need to happen, if the name collision wizard deems the string High Risk? If/when that happens, most applicants likely would drop out rather than deal with a minimum six month delay and hundreds of thousands of dollars to create a Mitigation Plan that could easily be rejected. [image: Logo] Mike Rodenbaugh *Rodenbaugh Law LLC* email: mike@rodenbaugh.com phone: +1 (415) 738-8087 On Tue, Feb 11, 2025 at 3:39 AM Lars Hoffmann <lars.hoffmann@icann.org> wrote:

Thanks, Mike.

I know it’s not a great time, I am on pacific time this week as well so I have two of those to cover … Marika will present on fees again today, and I think slide 3 of the deck (link below) explains what is covered by the 35% - I hope this helps.

Very best. Lars

Link to today’s deck on fees: https://community.icann.org/pages/viewpage.action?pageId=472842248&preview=/...)

*From: *Mike Rodenbaugh <mike@rodenbaugh.com> *Date: *Monday, 10 February 2025 at 16:14 *To: *Lars Hoffmann <lars.hoffmann@icann.org> *Subject: *[Ext] Re: [SubPro-IRT] Next Steps + Language on Fees and Application Questions

I cannot make the call tomorrow at 5a.m. Pacific. I still see no justification for ICANN keeping 35% of the application fee if a string is deemed high risk of name collision. What will ICANN have done at that point, other than intake of the application and review by the name collision wizard?

I also fully support Christa's comments and analysis re fee structure and transparency.

[image: Image removed by sender. Logo]

*Mike Rodenbaugh*

*Rodenbaugh Law LLC*

*email:*

mike@rodenbaugh.com

*phone:*

+1 (415) 738-8087

On Fri, Feb 7, 2025 at 8:36 AM Lars Hoffmann via SubPro-IRT < subpro-irt@icann.org> wrote:

Dear IRT members,

Key points:

1. New Draft AGB language on fees [docs.google.com] <https://urldefense.com/v3/__https:/docs.google.com/document/d/1icxkmmXmbT-xD...> that includes updates based on feedback received to-date (see more details below) 2. New Draft language for Application Questions [docs.google.com] <https://urldefense.com/v3/__https:/docs.google.com/document/d/1icxkmmXmbT-xD...> 3. Email from Michael [lists.icann.org] <https://urldefense.com/v3/__https:/lists.icann.org/hyperkitty/list/subpro-ir...> with updated draft language on CPE [docs.google.com] <https://urldefense.com/v3/__https:/docs.google.com/document/d/1QLlUr21xxaZL2...> sent today 4. 2 IRT calls next week covering: Tuesday <https://community.icann.org/x/CAAvH>: fees, RA; Wednesday <https://community.icann.org/x/DoBnHg>: Application questions, Spec 9 and Spec 13 evaluation, and RSP selection. 5. Public comment to open on 14 February for all remaining topics – with a reminder that we will review all topics again and everything will go out for comment again at the end of May.

All the points:

I wanted to thank you for all the hours you spent on calls, and helped to improve the AGB language that we shared with you – *thank you*!! We shared a lot of documents this week (and some more coming on Monday next week), and so I wanted to end the week like I started, with an overview email, please, bear with me.

1. We have currently *2 IRT sessions planned next week* (Tuesday and Wednesday); a third is on the calendars (Thursday) but we will use that only if we need to circle back to anything before the public comment. Topics for these sessions are indicated below, and the wiki page has been updated accordingly: https://community.icann.org/x/rAM5Dg

a. *On Tuesday <https://community.icann.org/x/CAAvH>*, we will focus *on Fees [docs.google.com] <https://urldefense.com/v3/__https:/docs.google.com/document/d/1StflMJFVTXvgT...> and the RA*. You can now review the draft AGB *language on fees [docs.google.com] <https://urldefense.com/v3/__https:/docs.google.com/document/d/1StflMJFVTXvgT_YcSeX5zoTcT825hoZCcD480zom3sw/edit?tab=t.0__;!!PtGJab4!8CTlwxgVBpVX9VIMwI9LZ8_bGggzeSgJv7tSNxbD1fzsPio8Q_Km_NsX52ipUB0yg1HJeplNX6ugOIQtsZGDVVoH9g$>,* which includes updates based on the feedback we have received to-date, including an additional refund window, refund options for strings that are determined to be of high risk of collision, and refunds in case of material changes to the AGB. Draft AGB Language: Application Fees [docs.google.com] <https://urldefense.com/v3/__https:/docs.google.com/document/d/1StflMJFVTXvgT...>

b. *On Wednesday <https://community.icann.org/pages/viewpage.action?pageId=510099470>*, we will focus on three new documents: *Application Questions [docs.google.com] <https://urldefense.com/v3/__https:/docs.google.com/document/d/1icxkmmXmbT-xD...>, RSP Selection, Spec 9 and Spec 13* evaluations. The application questions you can review as of now, the remaining three (much shorter) documents we will share Monday morning (Pacific time). Please note: for these topics we are just looking for a common-sense review. They do not pertain to particular recommendations but are an important part of the AGB and the application process. We will address any immediate concerns and review these again in more detail after the public comment period.

2. *On Monday morning (PST) 10 February, we will close** the following documents for comments in the run-up to the public comment, meaning we will address input off-list as best as we cann and then revisit these in the context of public comments received in April/early May:

a. Material Impact for Predictability [docs.google.com] <https://urldefense.com/v3/__https:/docs.google.com/document/d/1jbuangX5oMbG4...>

b. Application Change Request [docs.google.com] <https://urldefense.com/v3/__https:/docs.google.com/document/d/1xn8_wTInFG3n-...>

c. CPE [docs.google.com] <https://urldefense.com/v3/__https:/docs.google.com/document/d/1QLlUr21xxaZL2...> (Michael just shared an email [lists.icann.org] <https://urldefense.com/v3/__https:/lists.icann.org/hyperkitty/list/subpro-ir...> and updated language taking into account recent IRT input)

d. RVCs/PICs [docs.google.com] <https://urldefense.com/v3/__https:/docs.google.com/document/d/1H3IH5OZpV9q2J...>

e. Terms and Conditions [docs.google.com] <https://urldefense.com/v3/__https:/docs.google.com/document/d/1SX83JLEMJwG7J...>

f. Contention Resolution, including “no private resolution” [docs.google.com] <https://urldefense.com/v3/__https:/docs.google.com/document/d/1WVOyH5lFZvppY...>

g. Applicant Journey [docs.google.com] <https://urldefense.com/v3/__https:/docs.google.com/document/d/1jbuangX5oMbG4...> (we will share an updated document reflecting changes from yesterday’s discussion <https://community.icann.org/x/AQAvH> on Monday 10 Feb)

*Any comments received, we will address in the document, either by amending the text or providing a rationale why, for now, we will not make any changes. The document will then be cleaned up and prepared for public comment. We will revisit all items that are not closed out together with any public comments received in April/early May.

3. We are working on an update to the Draft AGB text on *Name Collision* – we expect to share that with the group on *Tuesday* 11 Feb. We recognize that not all concerns that were raised will be fully addressed in the document – still, I have asked the team to put the document out for public comment on Friday, so that we can gather more input and also start working on incorporating some of the feedback that we have heard from the IRT already while the document is out for comment. I appreciate that this is not idea, but I think we will make it work and of course this will be part of the May public comment, too.

4. If need be, we can have another IRT call on Thursday 13 February (in case not everything can be resolved on list or any of the topics discussed Monday and Tuesday require additional time). However, our goal remains to publish the *fourth public comment on Friday 14 February*. Therefore, the Thursday call is strictly optional as making significant changes to documents this late will impact the timeline.

If you have any questions, please do not hesitate to reach out. And, again, thank you so much for all your hard work and flexibility that you have shown to help us get all of this across the public comment line.

Very best. Lars

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