Expression of Interests for new gTLDs Explained. Last Chance for Public Comments with ICANN
Posted January 26th, 2010
Most people would agree that in all areas of life, it is best to hope for the best but to be prepared for the worst. We keep fire extinguishers in our homes, earthquake kits in our cars and wear helmets when we ride our bicycles. We can anticipate problems that might arise and prepare for them. If this logic were subscribed to, it would then follow that prior to embarking on a large-scale business endeavor one would want to take every measure to prepare.
The road to the new gTLD rollout is pitted with disagreement regarding the anticipation of what the first round of applications will actually look like. Although the process of introducing new gTLDs is not untested, there has never before been the prospect of introducing a potentially unlimited amount into the DNS. Thus, applicants and administrators are fervently trying to discern the scope of resources needed to push the program forward and how those resources will be allocated. There are questions of how ICANN will adequately prepare for the rollout, how the revenue generated by application fees will be used, and what the staffing and legal needs will be. It is impossible to have an absolutely precise picture of what the rollout will look like without the aid of a time machine, but it is possible to remove some of the mystery from the process.
At the ICANN meeting in Seoul in October 2009 the idea of a pre-application Expression of Interest was floated. A Working Group comprised of members from several different constituencies and groups within ICANN then formed to work out the details and logistics of what an Expression of Interest period would look like. What they came up with is an interesting solution to the problem of how to prepare for a successful application round.
Essentially, the Expression of Interest or EOI is a pre-application round for those who intend to implement and operate a new gTLD. It is an opportunity for those who are planning to apply for a new gTLD in the first round to set the process in motion, get a clearer picture of how many applicants will participate in the first round, whether they will have competition (providing a pre-application opportunity to work out a situation with competitors) and allowing a pre-application round assessment of the scope of resources needed to operate as smooth and successful a process as possible.
The collection of data from potential applicants however is a sensitive issue. Some applicants may feel that providing information about their intentions in a pre-application round could hurt their business model. Others might not have a problem with transparency in this early stage and benefit from a full view of all entities engaging in round one participation. If an EOI period is implemented, it can either be a “soft” or “firm” execution. A soft execution would mean that it was a voluntary process where the amount of data required from an applicant would be flexible. A “firm” execution (recommended by ICANN) would require “accurate participant data and a deposit as a prerequisite to submission of an actual gTLD application”. It is also being proposed that only those who participate in the EOI will be eligible for the first round of new gTLDs.
Below is the Expressions of Interest Procedure as outlined by the Expressions of Interest Working Group. Click HERE for the full report.
As stated in the Working Group’s report “As long as the concerns and the numbers remain theoretical, they are difficult to solve.” The great thing about an Expression of Interest round is that we are going to get a solid idea not only of who is interested in applying and for what but also we can begin to form an idea of what this new Internet will look like. This could drastically cut down the problem of multiple parties expressing interest in the same TLD. In some cases, it may lead applicants to realize that this process is not for them, saving time and money. It’s going to let people who are on the fence about participating see the process in action.
ICANN will be able to asses what it will need to process the applications as well as potential root scaling issues. This could prevent a lot of anguish down the line if there resources are properly aligned right off the bat.
Trademark holders will benefit from a window into the scope of mark protection in the first round of new gTLD implementation, allowing time to strategize, adapt, bring on new staff to handle the burden of protection.
This is about as transparent as this process can be. Basically if anyone is left holding the bag, the bag will be a very small bag.
There is worry that the EOI will delay the ultimate goal of launching new gTLDS. There is also a concern that an EOI process will take place before the final version of the DAG (Draft Applicant Guidebook, the rule book for new gTLDs) has been published, however, the Working Group explains in their findings that any changes to the final version of the DAG will not be dramatic and have been anticipated. A refund is also being proposed to those who decide upon DAG changes that they are uninterested or ineligible from proceeding.
ICANN has also released Aspects of an Expressions of Interest and PreRegistration Model (which can be read HERE). Their proposal for the process is below.
The recommended sequences of events as outlined by ICANN if this process were to move forward are:
Work will continue in parallel on the issues of vertical integration and IDN string requirements, with solutions for these and other issues expected to be published in
draft v4 of the Applicant Guidebook Publication of draft v4 of the Guidebook is a
prerequisite to moving forward with the EOI process.
Upon approval of the EOI model by the Board, ICANN will execute a focused
communications campaign This campaign will continue for at least four months,
in line with GNSO advice.
Operational readiness for the new gTLD Program continues to move forward and will be leveraged to manage the EOI process.
ICANN’s draft model of this process:
Responses to the request for EOI are mandatory for eligibility to submit a gTLD
application in the first round. Subsequent application rounds are open to any
eligible applicant.
A deposit of US$55,000 is required for the EOI, as a credit against the evaluation fee.
The deposit is refundable if the new gTLD Program does not launch within a specific time period.
Participants are notified that that there will be subsequent changes
to the Applicant Guidebook, and that there are limited terms for refund
based on such changes. It is the intention to conclude many outstanding
issues (for example, discussions of issues concerning vertical integration
and the IDN_3 character issues) prior to initiation of the EOI process,
through the publication of draft version 4 of the guidebook.
A fully executed communications campaign, intended to intensify global
awareness of the program, will precede the opening of the EOI process.
A specific set of information concerning the participating entity
and the intended string is collected from EOI participants.
The participant and string information will be made public.
The comment period on this topic will be closing on January 27, 2010. This is an evolving process. Your comments will help shape the way an Expressions of Interest process will work. This is a fantastic opportunity to make the process work for you. To participate in the public comments, please click HERE.
Tags: EOI, ICANN, new gTLDs
Posted in ICANN, Know Your Domains, gTLDS by Kelly Hardy
