[NRO-IANAXFER] Updated 5th Draft SLA for the IANA Numbering Services - Call for Public Comments

Richard Hill rhill at hill-a.ch
Fri Mar 18 20:05:39 CET 2016


Thanks for this.

I note that 5.2 provides that the RIRs will pay ICANN $650'000 per year.  That's more than four full-time staff. Is it really that much work to allocate the top level blocks to the individual RIRs? Wouldn't it be cheaper for the NRO to take care of these functions itself?

I'm not sure that I understand 12.1.  Is it consistent with the general agreement that the IANA trademark and the <iana.org> domain name will be transferred to the IETF Trust?

13.1.2 states " If the Parties cannot agree on a mediator within twenty (20) calendar days of the Mediation Notice Date, the Parties will promptly select a mutually acceptable mediation provider entity," 

But what if the Parties cannot agree on a mediation provider entity?  I think that you need to add something like " If the Parties cannot agree on a mediation provider entity within twenty (20) calendar days of the Mediation Notice Date, the mediation provider entity shall be XXX." Since 13.2 refers to the ICC, I think that "XXX" could be ICC.

In 13.2.5, it would be better to start with "The seat of arbitration shall be", because the choice of seat has significant legal implications, whereas the actual arbitration hearings can take place anywhere, no matter where the seat it.

Best,
Richard

> -----Original Message-----
> From: ianaxfer-bounces at nro.net [mailto:ianaxfer-bounces at nro.net] On
> Behalf Of German Valdez
> Sent: Friday, March 18, 2016 16:57
> To: ianaxfer at nro.net
> Subject: [NRO-IANAXFER] Updated 5th Draft SLA for the IANA Numbering
> Services - Call for Public Comments
> 
> 
> Dear Colleagues
> 
> Please find below the last NRO announcement regarding the Fifth version
> of the draft SLA
> 
> https://www.nro.net/news/updated-5th-draft-sla-for-the-iana-numbering-
> services
> 
> Regards
> 
> German Valdez
> NRO
> 
> =====
> 
> 
> UPDATED FIFTH DRAFT SERVICE LEVEL AGREEMENT FOR THE IANA NUMBERING
> SERVICES (SLAv5) AND CALL FOR PUBLIC COMMENTS
> 
> 17 March 2016
> 
> Background
> 
> On 15 January 2015, the Consolidated RIR IANA Stewardship Proposal
> (CRISP) Team submitted the Internet Number Community Proposal to the
> request for proposals issued by the IANA Stewardship Coordination Group
> (ICG).
> 
> One of the key elements of the Internet Number Community proposal is to
> replace the current NTIA IANA agreement with a new contract, a Service
> Level Agreement (SLA), between the IANA Numbering Services Operator and
> the five RIRs.
> 
> A first draft of the SLA was published on 1 May 2015 and opened for
> public comments until 14 June 2015. The first draft of the SLA is
> available at:
> 
> https://www.nro.net/sla-v1
> 
> A second draft of the SLA was published on 6 August 2015 and opened for
> public comments until 31 August 2015. The second draft of the SLA is
> available at:
> 
> https://www.nro.net/sla-v2
> 
> A third draft of the SLA was published on 30 October 2015 and invited
> ICANN legal staff to provide comments by November 30th 2015. The third
> draft of the SLA is available at:
> 
> https://www.nro.net/sla-v3
> 
> A fourth draft of the SLA was published on 25 February and invited
> ICANN to move forward to signing the SLA. The fourth draft of the SLA
> is available at:
> 
> https://www.nro.net/sla-v4
> 
> Fifth Draft SLA
> 
> As a result of ICANN comments on the fourth draft and additional
> feedback received at meetings during ICANN 55 in Marrakech, a fifth
> draft of the SLA has been produced and is available at:
> 
> https://www.nro.net/sla
> 
> The SLAv5 is open for public comments. Comments can be sent to IANAXFER
> mailing list at https://www.nro.net/mailman/listinfo/ianaxfer. The
> deadline for comments is April 15th 2016.
> 
> For the sake of clarity, you can find a track changes version of SLAv5
> against the fourth draft at:
> 
> https://www.nro.net/sla-track-changes
> 
> Additionally, a document with the comments on SLAv5 and the legal team
> responses is available at:
> 
> https://www.nro.net/slav4-comments
> 
> In accordance with the transparency commitment to our the community, we
> share the exchange of a clear track of comments between ICANN and RIR
> staff working towards a final SLA document.
> 
> About the Fifth Draft SLA
> 
> The fifth draft of the SLA has been developed by a team consisting of
> individuals from different RIRs. It responds to the principles included
> in the Internet Number Community proposal and is based on the already
> existing provisions of the NTIA IANA agreement. The content of SLAv5 is
> the result of consideration of public comments received during the
> public comment period on the second draft SLA,informational meetings
> with ICANN staff regarding the operational provisions of the SLA, and
> ICANN’s written comments regarding the third and fourth draft SLA. It
> is written in such a way that it can be signed as part of the
> implementation of the IANA transition when this occurs or before,
> without pre-judging the outcome of the ICG coordinated proposal.
> 
> The SLA includes legally important provisions, such as those that
> regulate the five RIRs collective actions and responsibilities in its
> dealings with ICANN under the SLA. It also includes background and
> definitions.
> 
> The SLA also includes explanatory footnotes that reference the source
> of each article according to the Internet Number Community proposal
> principles or the NTIA IANA agreement.
> 
> Next Steps
> 
> The RIRs thank the community and ICANN staff for its thoughtful
> comments and now publish this SLAv5 in the interest of transparency and
> keeping the community apprised of progress being made on the SLA. We
> trust that all comments and concerns have been addressed and that the
> current draft, SLAv5, represents a mutually acceptable SLA that is
> consistent with the principles found within the Internet Number
> Community proposal. We invite public comments as we approach the final
> version, which will be signed with ICANN/IANA as part of the IANA
> Transition planning process and will take effect upon release of their
> existing agreement with NTIA.
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> ianaxfer mailing list
> ianaxfer at nro.net
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