As many organizations are now aware, the application period for the new generic top-level domain (gTLD) program is set to open on January 12, 2012. This program, to be administered by the Internet Corporation for Assigned Names and Numbers (ICANN), will allow organizations to apply to secure and operate their own customized top-level domain extensions (i.e., .steptoe or .law). In anticipation of the opening of this application period, the ICANN Board of Directors held an informational call on January 5, 2012 to discuss some additional updates to the program. Please find below a summary of the key updates.
New Applicant Guidebook and Timeline
ICANN announced that it plans to release a new version of the Applicant Guidebook (AGB), the detailed manual containing all of the policies and procedures for new gTLD applicants, on January 11, 2012. The new AGB is intended to memorialize updates made to the program since the previous version of the AGB was issued on September 19, 2011, and should serve as the final version for applicants to reference during the application process.
In addition to the announcement regarding the AGB, ICANN released a new Operational Readiness timeline listing milestones for ICANN's preparation for the launch of the application process. The timeline shows that certain critical tasks relating to the submission of new gTLD application have already been completed (such as completing readiness for the TAS system and customer service), while for others, such as implementation of the batching system and the final selection of certain ICANN service providers (such as those for the Trademark Clearinghouse and URS), target dates in the coming weeks and months are provided.
Key Program Updates
ICANN also released noteworthy updates in several other areas. In a response to the GAC's request to potentially expand the GAC Early Warning period beyond the designated 60-day window to allow for adequate time to review all applications to determine whether they might be problematic for governments, ICANN urged the GAC to adhere to the existing window in order to allow the application process to proceed without delays. However, if a very large number of applications are received, or in the case of other extenuating circumstances, the GAC will have the opportunity to request an accommodation for extra time.
The implementation of the Trademark Clearinghouse and the progress of the Trademark Clearinghouse Implementation Advisory Group (IAG) continue to be a priority for ICANN. In one paper, ICANN stated that it expects the Clearinghouse will commence operations in October 2012, granting approximately three months to trademark owners to register their marks in the Clearinghouse prior to the launch of registry operations for new gTLDs (expected around January 2013). ICANN is currently in the process of selecting its Trademark Clearinghouse provider (which selection is to be made by February 29, 2012 according to the new timeline), and IAG is continuing to provide input on process and technical issues.
In response to questions regarding a subsequent round of new gTLD applications, ICANN released a paper discussing factors contributing to the time frame for another application opportunity. The paper emphasized ICANN's desire to make the announcement regarding the next round "as soon as practicable" following this round, while highlighting the need for ICANN to coordinate with brand owners, the GAC, and other stakeholders on optimal timing. In addition, ICANN listed a number of factors as unknown at this time, including the number of new gTLD applications in the current round, the timing for completion of evaluation of such applications due to batching, and whether the launch of a new round could overlap with the completion of the previous round. Thus, while the paper attempts to lend some transparency to ICANN's decision process, it does not provide a great deal of clarity regarding the potential timing of the next round.
Finally, ICANN published two other papers: a process document for the Support Applicant Review Panel (SARP), which will review applications submitted under the Applicant Support Program, a program allowing applicants meeting certain criteria to apply for a new gTLD for a reduced application fee of $47,000 (rather than the usual application fee of $185,000); and an Internationalized Domain Name (IDN) Variant management plan.
Recommended Next Steps in the New gTLD Planning Process
Despite some recent and objections and concerns voiced by various organizations regarding the new gTLD program, ICANN remains committed to launching the application process as scheduled on January 12, 2012. Thus, with the new gTLD application window opening in two (2) days, all potential applicants must move very quickly to ensure they are ready to navigate the complex application process; all parties interested in new gTLDs who have not yet decided whether they are applying should make their final decisions as soon as possible. As the emergence of new gTLDs will affect all Internet users in the coming months and years, even those who are not applying will need to begin developing sensible enforcement strategies to account for the changes in this evolving landscape.
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