ICANN Resolutions » 2007-03-30 - Proposed sTLD Agreement with ICM Registry
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Board rejects ICM's application for the delegation of a .XXX sTLD to ICM.
Whereas, on 15 December 2003, ICANN solicited proposals from potential sponsors to create new sponsored top-level domain (sTLD) registries, seeking applications that would "address the needs and interests of a clearly defined community (the Sponsored TLD Community), which can benefit from the establishment of a TLD operating in a policy formulation environment in which the community would participate."
Whereas, on 19 March 2004, ICM Registry, LLC (ICM) submitted an application for the delegation of a .XXX sponsored TLD ("sTLD") (the "ICM Application") which was evaluated according to ICANN's designated sTLD processes.
Whereas, on 1 June 2005, the ICANN Board voted 6-3 with two abstentions to authorize the President and General Counsel to enter into negotiations with ICM relating to proposed commercial and technical terms for the .XXX sTLD.
Whereas, on 9 August 2005, ICANN posted a draft proposed .XXX sTLD registry agreement on the ICANN website.
Whereas, on 15 September 2005, the Board voted 11-0 with 3 abstentions expressing concerns regarding issues relating to compliance with the proposed .XXX sponsored TLD registry agreement (including possible proposals for codes of conduct and ongoing obligations regarding potential changes in ownership) and, noting that the Board had received extensive public comments, directed the ICANN President and General Counsel to discuss possible additional contractual provisions or modifications for inclusion in the .XXX registry agreement so as to ensure that there were effective provisions requiring development and implementation of policies consistent with the principles in the ICM application.
Whereas, on 18 April 2006, a revised draft proposed .XXX sTLD registry agreement was posted by ICANN on its site, and ICANN requested and received extensive public comment on this agreement.
Whereas, on 10 May 2006, at the specific request of the applicant the Board reviewed the revised draft proposed .XXX sTLD registry agreement and the motion to adopt the proposed agreement failed by a vote of 9 to 5.
Whereas, on 19 May 2006, the applicant submitted a request for reconsideration <http://www.icann.org/committees/reconsideration/icm-06-4/petition-20may06.pdf>. On 29 October 2006, ICM withdrew its reconsideration request and resumed negotiations in an attempt to agree to a new version of the proposed agreement for Board consideration.
Whereas, on 5 January 2007, ICM negotiated a further revised draft .XXX sTLD registry agreement ("Revised Agreement"), which was posted by ICANN and received extensive public comment on the Revised Agreement.
Whereas, the Board has received and analyzed unprecedented public comment, as well as advice from the GAC via communiqués issued in Wellington and in Lisbon, relating to ICM's Application and the Revised Agreement.
Therefore, the Board has determined that:
Accordingly, it is resolved (07.18) that the Proposed Agreement with ICM concerning the .XXX sTLD is rejected and the application request for a delegation of the .XXX sTLD is hereby denied.