Icann published its Draft New gTLD Financial Assistance Handbook in December after the Joint Applicant Support (JAS) Working Group produced its final report. The public comment period closes today, leaving Icann two days to produce a final guide before the application period opens on January 12.
The draft handbook outlines the concessions for some applicants who, after scoring at least nine points across three criteria, will only pay $47,000 fees rather than the standard $185,000.
Applicants must demonstrate a service in the public interest, financial need and minimum financial capabilities. But trade mark owners, governments and geographic TLD applicants must not apply.
Anne Aikman-Scalese , a lawyer for Lewis and Roca, said the rules on trade marks were unfair for Native American tribes, some of who would be eligible for support but own trade marked terms to protect their wares and genuine tribal goods.
She said the changes would have a “chilling effect on the free speech of Native American tribes seeking to protect their language and culture”.
Aikman-Scalese points out that the final handbook differs from the working group’s September report – which said “applications for community names that may be subject to legal trademark protection are not necessarily disqualified from receiving support”.
She said Icann had addressed the changes in a “top down” system – not consistent with its multi-stakeholder, bottom-up consensus process – and Icann should revise the guidelines on trade marks.
Another comment, from Carolin Silbernagl who is chair of dotHIV, said the definition of the public interest was too narrow to be attained – especially for applicants serving in the public interest but operating in a developing economy.
Applicants can accumulate points in a number of sections under the public interest criteria, one of which is entitled “Operation in a developing economy”. Applicants must show how the gTLD will benefit the intended community. But the section then simply outlines the countries that will receive priority – such as least developed countries.
Silbernagl then lamented the rule that says some applicants not meeting criteria will lose their $47,000 fees. Icann has said that some registrants will qualify for support but will not receive discounts; these applicants can still pay the full $185,000 fees. But those “not meeting the minimum threshold criteria” will be completely disqualified, according to Icann.
Silbernagl said: “ We sincerely urge Icann not to reject applicants who do not meet all of the criteria. This puts needy applicants under an additional risk. We kindly ask for an option for those applicants who closely missed the threshold (e.g. 7 of 16 points) to pursue the regular gTLD process.”
And if Icann exhausts its $2 million budget for applicant support, a figure equating to 14 applicants based on reduced fees, it will choose candidates with the highest number of points. This means some applicants will miss out on support even if they technically qualify – Icann said they would be allowed to pay the full fees or apply for a full refund.
Avi Doria, who is chair of the At-Large new gtLD working group, posted a comment that raised concerns about the $2 million budget, pointing out that the JAS group asked Icann not to apply the $2 million to fee reductions. She said Icann had not found additional means to finance the programme, something that the JAS group had also asked for.
After the public comment period closes today, Icann will have two days to produce a final handbook. In April 2012 Icann will appoint the Support Applicant Review Panel (SARP), which will evaluate applicants’ eligibility.
Icann said the number of SARP panellists will depend on the number of applications, but should be between 13 and 31. Panellists will be picked from the GNSO, other supporting organisations and committees and the At-Large Advisory Committee. Independent specialists will also be chosen.
The SARP will tell all candidates in November 2012 whether they have scored the requisite nine points.
