[council] Input to discussion on Registrar practices of TLD transfers

[Grant Forsyth <grant.forsyth@clear.co.nz>]

Ken I see from the agenda for tonight's NC audio that you are going to lead
the discussion on questionable practices of some registrars with regards to
TLD transfers.

I have the following contribution make to the discussion at this stage.

The BC has not had time to fully consult on the matter of discriminatory and
possibly anticompetitive practices of some registrars that are being brought
to the attention of the Names Council, but would like to offer the following
as input for the Names Council's consideration. This is done in the firm
belief that the matters need to be addressed with all haste.
 
The BC supports contestable provision of registrar services, being one of
ICANN's first achievements. While the BC understands that the majority of
registrars fulfil their requirements according to their commitments under
their accreditation, we are aware that the practice of some registrars falls
well short of that commitment, may well contravene contractual terms with
the registry and be anticompetitive. Some have suggested that in particular
areas of domain name registration there is a lack of clear policies, eg. in
the matter of expired registrations.
 
The BC considers that for the continued stability and smooth operation of
the Internet, ICANN has a responsibility to ensure that inappropriate
practices and any policy vacuums are resolved expeditiously. 
 
The BC proposes for consideration by the Names Council that:
The Names Council calls upon ICANN staff to:
1. review the practices of Registrars being complained about with the
objective to identify those that engage in practices that contravene their
Accreditation and/or contract terms with the Registry. 
2. publicise the name of those Registrars in contravention
3. seek immediate undertakings from the Registrars in question that they
will cease any contravening practices and put them on notice that further
evidence of similar contraventions will result in their accreditation being
revoked.
4. determine, through a review of practices, whether any further policy
guidelines and/or contract terms are required to ensure ongoing stability
and unfetted competition and refer these to the Names Council for immediate
resolution.

I look forward to the discussion and a speedy resolution to these practices.

Regards

Grant Forsyth
Manager Industry & Regulatory Affairs
CLEAR Communications Ltd
Private Bag 92143 Auckland
ph +64 9 912 5759
fx +64 9 912 4788
Mobile (021) 952 007
email grant.forsyth@clear.co.nz