[council] ICANN Board resolutions on DNSO NC & Constituency status

["Andrew McLaughlin" <mclaughlin@pobox.com>]

To the Names Council:

At its teleconference yesterday, the ICANN Board approved the following
resolutions granting final recognition to the DNSO Names Council and its
constituencies (with some conditions).  These will be posted on the ICANN
site later today.

You'll note that most of the constituencies must meet certain conditions,
mostly relating to geographic diversity. The Board granted geographic
diversity waivers to the ccTLD, registrar, and IPC constituencies, all of
which must bring their NC reps into compliance no later than January 15,
2000.  In addition, the Business & Commercial, ccTLD, ISP, NCDNHC, registrar
and IPC constituencies must clarify or amend their charters no later than
February 1, 2000 to ensure compliance with the ICANN Bylaws on geographic
diversity.  Finally, consistent with its application for recognition, the
NCDNHC is required to complete is charter revisions and NC elections by
February 1, 2000.

The Names Council was fully recognized and authorized to fulfill all of its
obligations and duties, including the selection of Directors.

Congratulations to all on your hard work in bringing the DNSO process to
this point.

--Andrew

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WHEREAS in Resolutions 99.31 and 99.34 the Board of Directors granted
provisional recognition to the seven initial constituency groups of the
Domain Name Supporting Organization and constituted the provisional Names
Council,

WHEREAS the seven constituency groups of the DNSO have submitted to the
ICANN Board of Directors their proposals for final recognition pursuant to
Resolutions 99.32 and 99.33, and

WHEREAS the Board has received requests from the ccTLD Registries
Constituency, the Registrars Constituency, and the Intellectual Property
Constituency to suspend application of the geographic diversity requirements
of Article VI-B, Section 3(c) of the ICANN Bylaws, it is now:

RESOLVED [99-__] that the Business and Commercial Entities Constituency of
the DNSO is recognized for all purposes under Article VI-B, Sec. 3(a) of the
ICANN Bylaws to operate in accordance with the Charter submitted to the
Secretary and ordered attached to these minutes as Exhibit C, provided that
the Constituency must clarify or amend the Charter to ensure compliance with
the geographic diversity requirements of Art. VI-B, Sec. 3(c) of the ICANN
Bylaws, as the Board finds that Art. II, Sec. 2(B)(1)(ii) of the Charter
does not currently ensure such compliance.

RESOLVED [99-__] that the ccTLD Registries Constituency of the DNSO is
recognized for all purposes under Article VI-B, Sec. 3(a) of the ICANN
Bylaws to operate in accordance with the Principles submitted to the
Secretary and ordered attached to these minutes as Exhibit D, provided that
the Constituency must amend the Principles to ensure that its voting
procedures for Names Council representatives comply with the geographic
diversity requirements of Art. VI-B, Sec. 3(c) of the ICANN Bylaws, as the
Board finds that the Principles do not currently ensure such compliance.

RESOLVED [99-__] that in recognizing the ccTLD Registries Constituency the
Board  shortens the term on the Names Council of Nigel Roberts to expire
January 15, 2000, and consents to suspend the geographic diversity
requirement of Article VI-B, Section 3(c)of the ICANN Bylaws as applied to
the ccTLD Registries Constituency, for the period of Nigel Roberts' term,
subject to the Board promptly receiving a written commitment from the ccTLD
Registries Constituency to comply with the geographic diversity requirement
as set forth in Art. VI-B, Sec. 3(c) of the ICANN Bylaws from and after that
date.

RESOLVED [99-__] that the gTLD Registries Constituency Group of the DNSO is
recognized for all purposes under Article VI-B, Sec. 3(a) of the ICANN
Bylaws to operate in accordance with the letter submitted to the Secretary
and ordered attached to these minutes as Exhibit E, provided that, within 30
days of a request of any other ICANN-recognized gTLD Registry that seeks to
join it, the Constituency must submit to the Board for its approval a formal
consensus proposal for continued recognition.

RESOLVED [99-__] that the ISPs and Connectivity Providers Constituency
("ISPCP") of the DNSO is recognized for all purposes under Article VI-B,
Sec. 3(a) of the ICANN Bylaws to operate in accordance with the Articles
submitted to the Secretary and ordered attached to these minutes as Exhibit
F, provided that the ISPCP must clarify or amend the Articles to ensure
compliance with the geographic diversity requirements of Art. VI-B, Sec.
3(c) of the ICANN Bylaws, as the Board finds that Section 7.1 of the
Articles does not currently ensure such compliance.
.
RESOLVED [99.__] that the Non-Commercial Domain Name Holders Constituency
("NCDNHC") of the DNSO is recognized for all purposes under Article VI-B,
Sec. 3(a) of the ICANN Bylaws to operate in accordance with the Initial
submitted to the Secretary and ordered attached to these minutes as Exhibit
G, provided that the NCDNHC must (i) amend Section II of its Initial Charter
to clarify that no member will be excluded from membership solely on the
basis of membership in another DNSO constituency group;  (ii) amend its
Initial Charter to ensure compliance with the geographic diversity
requirements of Art. VI-B, Sec. 3(c) of the ICANN Bylaws, a the Board finds
that Section IV(B) of the Initial Charter does not ensure such compliance
because it measures diversity by residency, not citizenship;  and (iii)
submit a revised, final Charter for Board approval no later than February 1,
2000.

RESOLVED [99.__] that in recognizing the NCDNHC the Board shortens the term
of all three NCDNHC representatives on the NC to expire February 1, 2000.

RESOLVED [99.__] that the Registrars Constituency of the DNSO is recognized
for all purposes under Article VI-B, Sec. 3(a) of the ICANN Bylaws to
operate in accordance with the Articles submitted to the Secretary and
ordered attached to these minutes as Exhibit H.

RESOLVED [99.__] that in recognizing the Registrars Constituency the Board
shortens the term on the Names Council of Richard Lindsay to expire January
15, 2000, and consents to suspend the geographic diversity requirement of
Article VI-B, Section 3(c) of the ICANN Bylaws as applied to the Registrars
Constituency, for the period of Richard Lindsay's term, subject to the Board
promptly receiving a written commitment from the Registrars Constituency to
comply with the geographic diversity requirement as set forth in Art. VI-B,
Sec. 3(c) of the ICANN Bylaws from and after that date.

RESOLVED [99.__] that the Trademark, Intellectual Property, and
Anti-Counterfeiting Interests Constituency ("IPC") of the DNSO is recognized
for all purposes under Article VI-B, Sec. 3(a) of the ICANN Bylaws to
operate in accordance with the London Document By-Laws submitted to the
Secretary and ordered attached to these minutes as Exhibit I.

RESOLVED [99.__] that in recognizing the IPC the Board shortens the term on
the NC of Jonathan Cohen, Carolyn Chicoine, and Ted Shapiro to expire
January 15, 2000, and  consents to suspend the geographic diversity
requirement of Article VI-B, Section 3(c)of the ICANN Bylaws as applied the
IPC, for that term, subject to the Board promptly receiving a written
commitment from the IPC to comply with the geographic diversity requirement
as set forth in Art. VI-B, Sec. 3(c) of the ICANN Bylaws from and after that
date.

RESOLVED [99.__] that the recognition of any Constituency as set forth above
is subject to revocation if the Board determines that such constituency is
not diligently working to satisfy the conditions and provisos set forth in
such recognition;  and in any event, those conditions and provisos must be
satisfied, and the Secretary of the Corporation so notified, no later than
February 1, 2000.

RESOLVED [99.__] that the Names Council is fully recognized and authorized
to fulfill all of its duties and exercise all its powers set forth in the
ICANN Bylaws, including the duty to select Directors.

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