ICANN Resolutions » Services Agreement between ICANN and PTI
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Whereas, completion of the Services Agreement [DOCX, 47 KB] fulfills a requirement from the package of proposals that the Board approved on 10 March 2016 to transition NTIA's stewardship of the IANA functions to the global multistakeholder community.
Whereas, the Services Agreement was drafted to meet the requirements of the IANA Stewardship Coordination Group's IANA Stewardship Transition Proposal and the obligations that ICANN has under the Naming Function Contract.
Whereas, ICANN consulted with the CWG-Stewardship, its outside counsel, the IETF, and the RIRs to address any concerns and finalize the Agreement.
Resolved (2016.09.15.08), the proposed Services Agreement is approved, and the President and CEO, or his designee(s) is authorized to take such actions as appropriate to finalize and execute the Agreement.
Why the Board is addressing the issue now?
The package of proposals that the Board approved on 10 March 2016 to transition NTIA's stewardship of the IANA functions to the global multistakeholder community requires that ICANN provides the necessary services and resources to PTI for it to perform the IANA functions. This requirement is included in the Naming Function Contract between ICANN and PTI.
ICANN has worked intensively with the CWG-Stewardship, its outside counsel, the IETF, and the RIRs to finalize the Services Agreement being presented to the Board today for consideration and approval.
What is the proposal being considered?
The Agreement commits ICANN to providing the necessary services and resources to PTI in order for it to perform the IANA functions.
Dedicated resources include the employees currently in ICANN's IANA department, who directly perform the IANA functions services. Shared resources include employees in other ICANN departments who perform or participate in processes directly related to the delivery of the IANA functions. Support services include services provided by ICANN's departments to support PTI's operations (e.g., Human Resources, Finance, Procurement, etc.).
All services and resources provided to PTI will be billed at cost by ICANN to PTI. PTI will also be fully and exclusively funded by ICANN. It is estimated that the scope of services will represent a cost of US$9 Million on an annual basis (using as a basis the FY17 Budget).
As it relates to the dedicated resources, the Agreement provides that the ICANN employees currently in the IANA department will be seconded to PTI. The Agreement further commits that within three (3) years of the effective date of the Agreement, PTI will have the necessary programs, processes, and policies to offer full-time employment to the seconded employees. In the event that PTI offers facilitate that change of employment.
Under the Agreement, ICANN will use reasonable efforts to provide services, such as accounting, communications and human resources, established by ICANN for its own operations. The Agreement allows ICANN to change, suspend or terminate the provision of a service provided that the change, suspension, or termination does not create any material risk to the security and stability of the domain name system. For example, if ICANN makes a change to its dental coverage offerings, the dental coverage offerings made available to those working with PTI will be made consistent with the changed coverage.
Which stakeholders or others were consulted?
As the Agreement is a detailed, operational commitment regarding particular services and resources needed to support PTI, it was not feasible to seek public comment on the document. However, ICANN consulted with the IETF, and the RIRs to address any concerns, and worked intensively with the CWG-Stewardship, its outside counsel to and finalize the Agreement.
What concerns or issues were raised by the community?
No major issues were raised by the community, as most of the issues were legal in nature about the appropriate reflection of terms.
What significant materials did the Board review?
As part of its deliberations, the Board reviewed various materials, including, but not limited to, the following materials and documents:
The proposed Services Agreement [DOCX, 47 KB].
The ICG IANA Stewardship Transition Proposal [PDF, 2.32 MB]
ICANN FY17 Operating Plan and Budget [PDF, 1.35 MB]
What factors has the Board found to be significant?
The Board considered that the requirements of the Agreement are consistent with ICANN's financial planning processes and that the Agreement provides PTI with the necessary resources to perform the IANA functions.
Are there positive or negative community impacts?
The Agreement ensures that PTI will have the necessary resources to perform the IANA functions for the names, numbers, and protocol parameters communities.
Are there fiscal impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?
The services will be billed at cost by ICANN to PTI which, in turn, is fully and exclusively funded by ICANN. It is estimated that the scope of services will represent a cost of US$9 Million on an annual basis (using as a basis the ICANN FY17 Budget that the Board approved <https://www.icann.org/resources/board-material/resolutions-2016-06-25-en - 2.c).
Are there any security, stability or resiliency issues relating to the DNS?
The Board's approval of the proposed Services Agreement would ensure that PTI has the necessary resources to continue operation of the IANA naming functions in a secure, stable, and reliable manner post transition.