New gTLD Progress Report; Are You Confused?

Don’t worry, you’re not alone.

I recently had a question from a new gTLD applicant who is facing no contention but feels that all the information being put out by ICANN only serves to confuse people more. I tried to summarize the best and worse case scenarios related to where their application stands. After going through that process, I realized that the message is generally applicable to many applicants today (who are not facing contention), so I’ve modified it a bit and am posting it here.

When Will Your Application Go Live?

That’s a reasonable question. I know how hard it can be to navigate ICANN. In a sentence or two… The best case scenario is that you’ll have your new gTLD live and working between May and August of 2013. The worse case scenario is that the process could be blocked by legal or government objections for several years. Here is a more detailed breakdown with benchmarks at a very basic level:

Objective/End Result:

1. A New gTLD Contract is executed between you and ICANN, and…
2. Your TLD is “delegated” to the root (of the Internet) meaning the gTLD goes live and is in your control.

Your Situation Now:

  1. ICANN has stated that no contracts will occur before the March 2013 ICANN meeting.
  2. You have passed the Administrative Checks
  3. You have passed the DNS Stability test (all apps have passed)
  4. You have received no Early Warnings from ICANN’s Government Advisory Committee (GAC)
  5. You have no obvious String Similarity Issues, subject to ICANN’s evaluation which should be released very soon (a recent progress report said November 2012)
  6. You have no obvious Geographic Name Similarities, subject to ICANN’s evaluation which should be released very soon (a recent progress report said November 2012)

Best Case Scenario Moving Forward

  1. On Dec 17, the priority drawing comes out in your favor (let’s say less than 500 or so)
  2. In Feb. or so, you pass the Background Screening
  3. In Feb. or so, you pass the Registry Services Screening
  4. You receive no Public Objections related to String Confusion, Legal Rights, Limited Public Interest, or Community You receive no negative GAC Advice
  5. Between March and August, you pass the Financial Evaluation
  6. Between March and August, you pass the Technical & Operational Evaluation
  7. Between March and August, you execute a contract with ICANN
  8. No lawsuits are filed that extend the process
  9. Between March and August, your gTLD is delegated to the root of the Internet and goes live.

Possible Worst Case Scenarios

Worst case scenarios include the opposites of what you see above, which can either stop the application or add 12 to 18 months to the process of getting your new gTLD working. Subject to the results of the drawing on the 17th, many applications could see something much closer to the Best Case Scenario and get their gTLD(s) working by the middle or end of 2013.

These are just my opinions. I’m sure I’ve missed some possibilities but my view is that things are going well so far for many applications. I hope this is helpful.

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ICANN Publicizes GAC Early Warnings

ICANN held true to its word today and made GAC (Government Advisory Council) Early Warnings public on its website.

If you applied for a new TLD and your application for a new gTLD has a GAC early warning, you can back out for an 80% refund. For those who need more information you can write to:
[email protected].

I’ve read through some of the early warnings and here are my thoughts:

Australia filed the most early warnings with a total of 129, followed by Germany with 20, and France with 19.

After reading through the Australian government’s objections, I’m happy to see that someone is on the ball. They targeted the applications by companies (especially Amazon) whose applications seek to gain monopoly rights to TLD strings in which they have no trademark rights. I wrote about this earlier this year. So did a few other prominent bloggers. For Amazon to own complete control over .book or .author should terrify publishers and writers across the English-speaking world. That’s too much power in one powerful company’s hands.

The Australian government should be applauded for catching this and calling the large corporations out on their intentions. Privately held gTLDs, controlled by one large interest is not in the spirit of ICANN’s charter and does not “promote competition”. Why is the U.S. Government so laissez faire on this? These are the exact kinds of things where governments need more involvement and here they ignore it. I’m surprised and disappointed, but I’ll end my political discussion right there.

There was an interesting advisory filed by the US Government about Radix Registry where their only warning was that the applications included a reference to an FBI email address. This had to simply be an oversight on the part of Radix and should be simple to correct.

There were a about 18 Early Warnings on .hotel. France made what seems to me to be a self-serving and over-reaching argument that .hotel should be limited to hotels with justification that their hospitality industry is very large and that their tourism agency, “About France” uses a tourism code, etc.

Germany suggests that various strings like .hotel/.hotels/.hoteis be treated together by ICANN’s evaluation process.

Australia rightfully hit the .hotel applications where the applicant was trying to keep it to themselves rather than allow the general Internet population to register them.

Several governments issued warnings about .health as a string. These contained some possibly valid concerns about the potential for fraud or abuse in the health sector, especially in certain countries where consumers are vulnerable.

Overall, this is an encouraging day in the life of new gTLDs. With few exceptions, governments acted ethically, responsibly, and with proper restraint. If you’d like a copy of the GAC Early Warnings in a spreadsheet, go here.

I did this just for my own understanding. It’s nice to be able to sort and categorize things.

Review the Early Warnings at ICANN Website… | Source: ICANN | Date posted: 11/21/2012

Other blogger’s comments about new TLD applicants keeping their TLDs all to themselves:

Read the story… | Source: CNET | Date posted: 11/21/2012

Read the story… | Source: Circle ID | Date posted: 11/21/2012

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Things Heating Up for New gTLDs

ICANN issued some great news today sharing progress on the new GTLDs.  Highlights of the “Information Paper” (see the actual document for full details; link is below):

  • As of November 13, 2012, there are 13 requests for withdrawal of applications.
  • There are no objections filed so far.
  • Applicants have submitted 169 application change requests.
  • 29 change requests have been reviewed and approved.
  • DNS stability review are completed. All strings have passed.
  • Geographic names review is close to completion. Geographic review panel will be releasing clarifying questions on November 26.
  • Registry services review is expected to be completed in January, 2013.
  • Financial and technical evaluations are expected to be complete in August, 2013 (an extension of the previously published date of June, 2013.
  • Initial background screenings reviews are complete and some applicants will receive requests for additional information soon.
  • The time to respond to clarifying questions has been extended to 4 weeks (from 2).  They will be issued in January 2013 (through TAS) to avoid the holidays.
  • First publication of initial results are expected to come out in March 2013, however, completion of initial evaluation will be pushed out to August, 2013.
  • After the Clarifying Question pilot, they’ve decided to modify the language of clarifying questions to be more specific and to increase the character limits to 7000 characters per question (plus attachments).
  • Advisories for Q25, Q30, Q48, and Q50 will be published this month to help applicants prepare in advance.  Applicants will not be allowed to interact with evaluation panels.
  • Geographic names clarifying questions will be issued on November 26, 2012 through the CSC portal and TAS will reopen on November 26, 2012 to allow applicants to respond to clarifying questions.
  • The comment period for the prioritization draw has closed, comments will be posted soon. Notifications of the draw will be sent to applicants on November 16, 2012 and the draw will take place on December 17, 2012 at the Hilton LAX in Los Angeles.
  • Ticket sales will take place December 12 through 16 and on the morning of December 17 (God willing, I know where I’m going to be on that day).

More Details Here: ICANN Update – November 14, 2012


More Details Here: ICANN Update – November 14, 2012

Posted in Domain Name News, New gTld Auctions, New Top Level Domains, Registries | Tagged , , | Comments Off on Things Heating Up for New gTLDs

RightOfTheDot.com Teams up With Escrow.com

Two Companies to Provide Neutral Auction & Mediation Resolution for gTLD String Contention

Domain Name consultants RightOfTheDot ,LLC, announce today their independent private auction resolution and mediation services for competing gTLD applicants.
Hot on the heels of ICANN’s welcome announcement of the drawing process, Right Of The Dot is launching a private auction and mediation service to accelerate the process of settling claims between applicants for the same new gTLD string, in turn reducing the time it takes for new gTLDs to go live. Right Of The Dot has been granted a special Auction License, which specifically allows them to conduct TLD Auction Services for new gTLDs.

To further support new gTLD applicants in their auction process, ROTD has secured an exclusive partnership with Escrow.com for the escrowing of funds for the deposits and distributions of funds for TLD auctions. With a consistent A+ rating with the BBB, Escrow.com has been voted the Best Domain Escrow Service for the past 5 years; is the only fully licensed online escrow provider in the United States and has processed over $1 Billion dollars in transactions. This unique partnership will enable
Right of the Dot to offer applicants many financial options such as interest bearing accounts, so their escrowed funds can earn interest over any given period. “Escrow.com is extremely proud to be working as a partner with Right Of The Dot, ” said Escrow.com President and Managing Director, Brandon Abbey. “We have known the principals for many years and admire their work. ROTD has clearly embraced innovation and we look forward to helping them succeed in this very exciting business venture.”

Right Of The Dot’s combined knowledge, experience and success over their 29 years in the industry, includes conducting tens of thousands of auctions and hundreds of millions of dollars in domain related transactions, both live and online. Utilizing their unique perspective and neutrality, they offer valuable success fee-based mediation and partnership brokering to contentious applicants as a first option in an effort to avoid auction altogether. When auction is the only solution, ROTD offer new gTLD applicants guidance on how to best mitigate risk vs. reward through the auction process.

Right Of The Dot auction fees are competitive, starting at 4% depending on the auction type, number of applicants for a particular extension, and the amount of the winning bid.

The Right Of The Dot auction model would see auction proceeds paid back to the auction participants rather than to ICANN. Resolving contention early will enable losing participants to withdraw their application from the ICANN evaluation process and receive a 70% application fee refund if their auction is held prior to the release of ICANN’s Initial Evaluation and 35% if held after. The auction will be conducted at the time of the applicant’s choice rather than when ICANN decides to hold them.
“A private auction or mediation resolution streamlines the process of winning or losing the TLD. It enables winners to begin planning for the operation of the extension and provides losing bidders closure so they can move on to other TLD opportunities,” says Monte Cahn, President of RightOfTheDot.com.
“Unlike other auction offerings, ROTD have several auction models we intend to use, depending on the choice of the applicants for a particular extension. We understand that we are dealing with entrepreneurs with a variety of opinions on business models and extension value, unlike a regulated commodity where you would normally see standard industry auction processes. ´”added Cahn.

ROTD will provide 3 main types of gTLD auction (although custom auctions can be arranged if requested):
Second-price sealed-bid auctions: Bidders submit simultaneous sealed bids to the auction house, the highest bidder wins the rights to the TLD and pays the second-highest bid. That bid is then divided either equally by the number of non-winning participants, or in proportion to the amount of each non-winning bidder’s sealed bid.
Ascending-bid auctions: These auctions are carried out interactively in real time, with bidders present either physically (live auction) or electronically (online auction). The seller gradually raises the price, bidders drop out until the final bidder remains, and the final party wins the TLD at this final price.
Live Oral auctions: Bidders shout out prices or submit them electronically. This form of auction will be appropriate when each of the applicants in a contention set agree on a specific time.

In most cases, auctions will take place after the ICANN’s Initial Evaluation is released, the Objection period ends and after GAC early warnings are issued. However, in some cases, it will be appropriate to conduct the auction prior to those dates if all parties agree.

Further details on the auctions and how they work can be found at RightOfTheDot or contact [email protected] directly.

About Right Of The Dot(TM)

The principals of Right Of The Dot have extensive experience in the domain industry. They are experts in Domain Auctions and have been instrumental in premium domain strategies and the launch of many TLDs including .Co, .Me, .XXX, .info, .biz, .me, .asia and .mobi, over the last 15 years. This unique experience of working with all of the major new TLD launches over the past 10 years allows Right Of The Dot to offer new gTLD applicants guidance on how to best mitigate risk vs. reward through the auction process.

About Escrow.com(TM)

Headquartered in Rancho Santa Margarita, CA, Escrow.com, a privately held company, has pioneered the process of online escrow services. The Company, founded in 1999 by Fidelity National Financial, has established itself as the leading provider of secure business and consumer transaction management on the Internet. All escrow services offered on the Website are provided independently and exclusively by Internet Escrow Services (SM) (IES), one of the operating subsidiaries of Escrow.com. IES is fully licensed and accredited as an escrow company and is subject to compliance with all applicable nationwide escrow regulations.

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