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.phone will be restricted after Dish gTLD auction win

Kevin Murphy, December 21, 2015, Domain Registries

The new gTLD .phone is going to be tightly restricted, after Dish DBS won the contested string at auction.

The American satellite communications firm beat Donuts to the gTLD, judging by Donuts’ withdrawal from the two-horse on Friday.

This means that if you’re not a licensed telecoms or voice-over-IP service provider, you won’t be able to register a .phone domain, at least at first.

Dish originally applied for .phone as what became known as a “closed generic” — a non-trademark, dictionary word that would nevertheless be operated as a dot-brand, with a single eligible registrant.

Due to Governmental Advisory Committee advice against such business models, Dish changed its application this September to describe .phone instead as a “controlled” gTLD.

Its application states that only Dish, its affiliates and “Qualified Applicants” will at first be able to register .phone domains.

“Qualified Applicants” basically means any company licensed to run a telecommunications service anywhere in the world. The eligibility gate appears to be the “license”.

The application says Dish will reserve the right to open up the gTLD to further classes of registrants at a later date.

While it also says that Dish will not give itself or friendly registrars any “undue preference”, the telecoms industry is suspicious.

USTelecom, the industry body representing large and small US-based telecoms companies, wrote to ICANN in November to say Dish’s volte face was “unconvincing” and its proposals “simply fail to satisfy” ICANN’s rules banning closed generics.

It said in its letter (pdf):

While Dish purports in its amended application that the .phone gTLD will be operated as a “controlled gTLD,” it is in reality an exclusive generic TLD, prone to discriminatory and subjective determinations on which entities are “Qualified Applicants,” and a discretionary reservation “to open this TLD to additional classes of registrants in the future,” who “will not be considered members.”

USTelecom says it negotiated with Dish, in an attempt to resolve its earlier formal objection against the bid, to have Dish include some reassuring Public Interest Commitments in its application, but Dish refused.

ICANN, responding to USTelecom, said that any Registry Agreement Dish signs for .phone will include the clauses that prevent it operating as a closed generic.

Now that the contention set has been settled, Dish’s next step is to proceed to contract negotiations with ICANN.

.shop among four gTLDs heading to auction

Kevin Murphy, October 30, 2015, Domain Registries

The new gTLDs .shop, .shopping, .cam and .phone are all set to go to auction after their various delays and objections were cleared up.

It seems that .shop and .shopping contention sets remain merged, so only one string from one applicant will emerge victorious.

That’s due to a completely mad String Confusion Objection decision that ruled the two words are too confusingly similar to coexist in the DNS.

That SCO ruling was made by the same guy who held up both sets of applications when he ruled that .shop and .通販 (“.onlineshopping”) were also too confusingly similar.

The two rulings combined linked the contention sets for all three strings.

.通販 applicant Amazon appealed its SCO loss using a special process that ICANN created especially for the occasion, and won.

But .shop and .shopping applicants were not given the same right to appeal, meaning the auction will take place between nine .shop applicants and .shopping applicants Uniregistry and Donuts.

Donuts is an applicant for .shop and .shopping, meaning it will have to make its mind up which string it prefers, if it intends to win the auction.

If it’s a private auction, Donuts would presumably qualify for a share of its own winning bid. Weird.

(UPDATE: That was incorrect).

The other contention set held up by an inconsistent SCO decision was .cam, which was originally ruled too similar to .com.

Rightside won its appeal too, meaning it will be fought at auction between Famous Four, Rightside and AC Webconnecting.

.phone had been held up for different reasons.

It’s a two-way fight between Donuts and Dish DBS, a TV company that wanted to run .phone as a closed generic. Like almost all closed generic applicants, Dish has since changed its plans.