[council] Reminder about DNSO constituency deadlines on geographic diversity

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

To the Names Council:

The following note is a friendly reminder about the deadlines set (and, in
the case of the NCDNHC, reiterated) by the ICANN Board on 18 October to
bring the constituencies into conformity with the geographic diversity
provisions of the ICANN Bylaws.  I would appreciate it if you would forward
this note to the relevant committees, leaders or mailing lists for your
respective committees.  Please don't hesitate to contact me if you have any
questions or trouble spots that I can help to resolve.

I have quoted below from the Board's resolutions of October 18 -- please see
<http://www.icann.org/minutes/prelim-report-18oct99.htm> for the full text
of the resolutions.  In the case of NCDNHC, the deadline for elections was
set by Board resolution last August, pursuant to the request of the
constituency organizers
<http://www.icann.org/santiago/santiago-resolutions.htm>.

The requirements set by the Board come in two categories:  charter revisions
and the election of one or more new NC representatives.  Since January 15,
2000, will see the expiration of a number of NC terms, it is particularly
important for the affected constituencies (for which the geographic
diversity requirements have been suspended) to organize election processes
consistent with their governing charters.

As you will see below, nearly every constituency has some work to do.
Though I know everyone's been busy, geographic diversity is an important
principle underlying the ICANN process, and the Board asked the
Constituencies to get to work on Charter revisions and new elections over
two months ago:

"RESOLVED [99.106] 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."

Best regards,

     --Andrew


=== BUSINESS AND COMMERCIAL ENTITIES ===

- Requirement:  Revisions to Charter
- Deadline for Charter revisions:  February 1, 2000
- Status:  Revised Bylaws received 26 October, 1999 and posted
<http://www.bcdnso.org/Charter.htm>

RESOLVED [99-95] 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.


=== ccTLD REGISTRIES ===

- Requirements:  Amendment of Principles; new NC representative to conform
with geographic diversity provisions;  written commitment to comply with
geographic diversity requirement
- Deadline for amendment of Principles:  February 1, 2000
- Status of amendment of Principles:  Pending
- Deadline for election of new NC representative:  January 15, 2000 (date on
which term of Nigel Roberts expires, as designated by ccTLD constituency)
- Status of election of new NC representative:  Pending
- Deadline for written commitment to comply with geographic diversity
requirement:  Not specified, but Board requested "prompt" written commitment
- Status of written commitment to comply with geographic diversity
requirement:  Pending

RESOLVED [99-96] 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 [99-97] 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.


=== gTLD REGISTRIES ===

- Requirements:  None, so long as no other gTLD Registries have been
recognized by ICANN

RESOLVED [99-98] 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.


=== ISPs AND CONNECTIVITY PROVIDERS ===

- Requirements:  Clarification or revision of Articles
- Deadline for clarification or revision of Articles:  February 1, 2000
- Status of clarification or revision of Articles:  Revised Articles adopted
and posted <http://www.dnso.org/constituency/ispcp/ISPCP.Articles.html>

RESOLVED [99-99] 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.


=== NON-COMMERCIAL DOMAIN NAME HOLDERS ===

- Requirements:  amendment of Initial Charter;  submission of Final Charter;
election of long-term NC representatives
- Deadline for submission of Final Charter:  February 1, 2000
- Status of submission of Final Charter:  Pending
- Deadline for election of long-term NC representatives:  February 1, 2000
(date on which terms of current representatives expires)
- Status of election of long-term NC representatives:  Pending

RESOLVED [99.100] 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 [99.101] that in recognizing the NCDNHC the Board shortens the term
of all three NCDNHC representatives on the NC to expire February 1, 2000.


=== REGISTRARS ===

- Requirements:  Election of new NC representative to conform with
geographic diversity provisions
- Deadline for election of new NC representative:  January 15, 2000 (date on
which term of Richard Lindsay expires, as designated by Registrar
constituency)
- Status of electino of new NC representative:  Pending

RESOLVED [99.102] 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 [99.103] 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.


=== INTELLECTUAL PROPERTY ===

- Requirements:  Election of new NC representatives in conformity with
geographic diversity provisions; written commitment to comply with
geographic diversity requirements
- Deadline for election of new NC representatives:  January 15, 2000 (date
on which terms of current representatives are set to expire)
- Status of election of new NC representatives:  Pending
- Deadline for written commitment to comply with geographic diversity
requirement:  Not specified, but Board requested "prompt" written commitment

RESOLVED [99.104] 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 [99.105] 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.


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