Report to the constituency:

Two teleconferences were held yesterday on the subject
of "Policies for Contractual Conditions:
Existing TLDs".  

Rapporteur Group A covered the topics:  
(1)  policy guiding renewals
(2)  consensus policy limitations 
(3)  uses of registry data

The Group A Chair, Marilyn Cade, held a procedural
meeting wherein a "decision-tree" approach to the TF
Terms of Reference was proposed (that would ultimately
lead to the formulation of draft policy proposals).  

Rapporteur Group B covered the topics:
(A)  policy for price controls
(B)  ICANN fees
(C)  infrastucture investment policy

As no one from the NCUC had yet volunteered to
participate in Group B, I elected to attend this
teleconference as well so that the constituency's
views might be represented.  The Group B Chair, Jon
Nevett, asked each participant to prepare preliminary
commentary on one of the above topics for group
review.  I was asked to draft comments on the topic of
infrastructure investments.

All constituency members with views on any of the
above topics should make their thoughts known as the
GNSO PDP is now entering into its final stages.  

For example, there are areas in which the NCUC has
made no formal statement -- an illustration:  In
response to the term of reference that stated: 
"Determine how ICANN's public budgeting process should
relate to the negotiation of ICANN fees", the NCUC has
offered no formal response. 

Another example with no NCUC response:  "Examine
objective measures (cost calculation method, cost
elements, reasonable profit margin) for approving an
application for a price increase when a price cap
exists."

Again, "Recognizing that not all existing registry
agreements share the same Rights of Renewal, use the
findings from above to determine whether or not these
conditions should be standardized across all future
agreements", the NCUC did not address this question
directly.

Also, "Examine whether the delegation of certain
policy making responsibility to sponsored TLD
operators is appropriate, and if so, what if any
changes are needed", -- no commentary from the NCUC.

In my view, the constituency should be discussing
these and other issues.  Perhaps our Policy Council
could convene a meeting to systematically consider the
constituency response to the PDP's Terms of Reference
on a point-by-point basis...




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