This is a template sent by ICANN staff to help us develop comments on the new registry "contractual

[Milton Mueller]

This is a template sent by ICANN staff to help us develop comments on the new registry "contractual conditions" task force. --MM

Constituency Statement * ICANN Policy Development Process
Policies for Contractual Conditions * Existing gTLDs

Introductory Statement

The following input is provided by the [insert constituency name] as an agreed Constituency position in response to the posting of the PDP Terms of Reference http://gnso.icann.org/issues/gtld-policies/tor-pdp-28feb06.html 

This document follows Annex A of the ICANN Bylaws which guides the Policy Development Process http://www.icann.org/general/archive-bylaws/bylaws-08apr05.htm#AnnexA 

The information is grouped as follows:
I.	General Information about the Constituency
II.	Background Information about the Development of the Comments
III.	Comments in response to the GNSO Terms of Reference for Policies for Contractual Conditions * Existing TLDs (PCC * eTLDs)

I. General Information about the Constituency

Name of organization:  GNSO [insert constituency name]

Contact Person:  [insert name]

Contact email address:  [insert email address]

Number of official members of the organization:  [insert number]

Estimated number of potential eligible members of the organization:  [insert number]

Number of members that participated in developing this input:  [insert number]

II. Background Information about the Development of the Comments

[insert brief commentary about how comments were developed]


III. Response to Terms of Reference

1. Registry agreement renewal 

1a. Examine whether or not there should be a policy guiding renewal, and if so, what the elements of that policy should be.

[insert comments]

1b. 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.

[insert comments]

2. Relationship between registry agreements and consensus policies

2a. Examine whether consensus policy limitations in registry agreements are appropriate and how these limitations should be determined.

[insert comments]

2b. Examine whether the delegation of certain policy making responsibility to sponsored TLD operators is appropriate, and if so, what if any changes are needed.

[insert comments]

3. Policy for price controls for registry services
3a. Examine whether or not there should be a policy regarding price controls, and if so, what the elements of that policy should be. (note examples of price controls include price caps, and the same pricing for all registrars)

[insert comments]

3b. Examine objective measures (cost calculation method, cost elements, reasonable profit margin) for approving an application for a price increase when a price cap exists. 

[insert comments]

4. ICANN fees
4a. Examine whether or not there should be a policy guiding registry fees to ICANN, and if so, what the elements of that policy should be.

[insert comments]

4b. Determine how ICANN's public budgeting process should relate to the negotiation of ICANN fees.

[insert comments]

5. Uses of registry data
Registry data is available to the registry as a consequence of registry operation. Examples of registry data could include information on domain name registrants, information in domain name records, and traffic data associated with providing the DNS resolution services associated with the registry.

5a Examine whether or not there should be a policy regarding the use of registry data for purposes other than for which it was collected, and if so, what the elements of that policy should be.

[insert comments]

5b. Determine whether any policy is necessary to ensure non-discriminatory access to registry data that is made available to third parties.

[insert comments]

6. Investments in development and infrastructure
6a. Examine whether or not there should be a policy guiding investments in development and infrastructure, and if so, what the elements of that policy should be.

[insert comments]