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Community panel hands .radio to EBU because nobody objected

Kevin Murphy, September 11, 2014, Domain Registries

The European Broadcasting Union is likely to win the right to the .radio new gTLD, beating three portfolio applicants, after a favorable Community Priority Evaluation.

The main reason the EBU managed to score a passing 14 out of 16 points in the CPE is that there was no significant objection to the EBU’s bid on the public record.

The EBU managed to win, under ICANN’s complex scoring system, despite the fact that the CPE panel ruled that no one entity, not even the EBU, can claim to represent the “radio” community.

The win means that Donuts, Afilias and BRS Media, which all applied for open .radio gTLDs, will likely have to withdraw their bids and leave .radio in the hands of the EBU’s more restrictive policies.

The EBU’s bid envisages a post-registration enforcement regime, in which registrants’ web sites and Whois records are vetted to ensure they have a community “nexus” and are using their domains in the spirit of the community.

Registrants would have to provide a statement of their usage intent at the point of registration.

Domain investors are explicitly not welcome in the TLD, judging by the EBU’s application.

The EBU, as mentioned, scored 14 out of 16 points in the CPE. The threshold to pass is 14.

As I’ve been saying for years, passing a CPE should be very difficult because applicants can immediately lose two points if there’s any decent opposition to their applications.

The other three applicants for .radio could have easily beaten back the EBU had they managed to effectively organize just a single significant member of the radio community against the EBU’s bid.

However, they failed to do so.

The EBU scored the maximum of two points under the “Opposition” part of the CPE, because, in the words of the panel:

To receive the maximum score for Opposition, the application must not have received any opposition of relevance. To receive a partial score for Opposition, the application must have received opposition from, at most, one group of non-negligible size.

The application received letters of opposition, which were determined not to be relevant, as they were (1) from individuals or groups of negligible size, or (2) were not from communities either explicitly mentioned in the application nor from those with an implicit association to such communities.

Donuts, Afilias and BRS Media all submitted comments in opposition to the EBU application. As competing applicants, these submissions were (probably correctly) disregarded by the panel.

There were a small number of other objecting comments on the record that the CPE panel (again probably correctly) chose to disregard as coming from organizations of negligible size.

The was one comment, in Polish, from a Polish law firm. Another comment came from a something dodgy-looking calling itself the International Radio Emergency Support Coalition.

A third comment came from the Webcaster Alliance, a group that made a bit of a name for itself a decade ago but which today has a one-page web site that doesn’t even list its members (assuming it has any).

Attempts by BRS Media, which already runs .am and .fm, to orchestrate a campaign of opposition seem to have failed miserably.

In short, the panel’s decision that there was no relevant, on-the-record opposition seems to be on pretty safe ground.

What’s slightly disturbing about the CPE is that the panel seems to have decided that the EBU does not actually represent the radio community as described in its application.

It dropped one point on the “Community Establishment” criteria, and another on the “Nexus between Proposed String and Community” criteria.

Specifically, it lost a point because, as the panel stated:

Based on information provided in the application materials and the Panel’s research, there is no such entity that organizes the community defined in the application. Therefore, as there is no entity that is mainly dedicated to the community as defined in the .RADIO application, as the Panel has determined, there cannot be documented evidence of community activities.

In other words, there may be a “radio community”, but nobody, not even the EBU, is responsible for organizing it.

It also lost a point because while the string “radio” does “identify” the community, it does not “match” it.

The panel explained:

To receive the maximum score for Nexus, the applied-for string must “match” the name of the community or be a well-known short-form or abbreviation of the community name. To receive a partial score for Nexus, the applied-for string must “identify” the community. “Identify” means that the applied-for string should closely describe the community or the community members, without over-reaching substantially beyond the community.

Failing to get full marks on community and nexus would usually, in my view, indicate that an application would not succeed in its CPE bid.

However, the lack of any outcry from significant members of the community (either because there was no such opposition or the three rival applicants failed to muster it) seems set to allow .radio to be managed by the applicant with the most restrictive policies.

Straat-backed bidder beats Donuts and Afilias to .health

Kevin Murphy, August 21, 2014, Domain Registries

DotHealth has won the four-way contention set for the controversial new gTLD .health.

Afilias and Donuts both withdrew their competing applications this week. Famous Four withdrew its application over a month ago.

DotHealth is backed by Straat Investments, the investment vehicle chaired by .CO Internet’s Juan Calle.

The new gTLD will run on a Neustar (which now owns .CO) back-end.

.health is likely to be restricted, or at least policed, to ensure fake pharmacies are scrubbed from the zone.

DotHealth is supported by, among other health groups, the National Association of Boards of Pharmacy (NABP) which often targets registries and registrars in its campaigns against bogus online pharmacies in the US.

The company plans to use LegitScript to monitor its namespace.

.health will compete against the unrestricted .healthcare, which has been delegated to Donuts.

All four applicants for .health faced adverse Governmental Advisory Committee advice and unsuccessful public interest objections from the Independent Objector.

Afilias loses $600,000 auction for Chinese “.info”

The results of the first “auction of last resort” in the new gTLD program are in, and it’s a bit of a head-scratcher.

Afilias lost out to rival applicant Beijing Tele-info Network Technology in the ICANN-backed auction for .信息 which means “info” or “information” in Chinese.

The winning bid was $600,000, ICANN said.

That money goes into a special ICANN fund, which will be put to some kind of unspecified purpose (to be determined by the ICANN community) at a later date.

It seems like quite a low price. Given what little we know about new gTLD auctions conducted privately, over a million dollars seems to be pretty standard for a gTLD.

It also strikes me as odd that Afilias wasn’t willing to shell out over $600,000 for a gTLD that could take a localized version of its existing .info brand into the world’s largest market.

It’s the only contention set to be settled by ICANN auction so far. The next will take place July 9, and will see Minds + Machines take on Amazon for .coupon.

The third, which will see 22 strings hit the block, will take place August 6.

Afilias wins .poker gTLD

The .poker contention set has been settled, apparently at last week’s Applicant Auction auction, leaving Afilias the winner.

Rival applicants Donuts, Famous Four Media and Dot Poker have all withdrawn their applications.

The winning bid was, per usual, not disclosed. I’d be interested to know how much it went for, as I have a feeling there might be some pretty sweet premium sales to be had.

It also emerged today that Rightside won the auction for the altogether less exciting .rip — a gTLD for memorials — after withdrawals from Momentous and DotRIP.

The .restaurant gTLD appears to one of the two remaining auctions from last week’s batch for which we don’t yet know the result. Uniregistry and Famous Four have withdrawn, leaving Donuts and Minds + Machines with active applications.

Afilias wins .green auction

Afilias won the auction for the .green new gTLD, it emerged today.

Rightside withdrew its application for the string in the last few days, according to the ICANN web site, leaving Afilias the only remaining applicant in the four-way contention set.

Top Level Domain Holdings said last week that it had lost a private auction with Afilias and Rightside. The fourth applicant, Dot Green, withdrew last year citing the likely cost of an auction.

It’s not known how much Afilias paid in the auction, but it’s likely to have been in the millions.