18(c) What operating rules will you adopt to eliminate or minimize social costs?

Prototypical answer:

gTLDFull Legal NameDetail
.durbanUniForum SA (NPC) trading as ZA Central RegistryView

Rights Protection:
- Reserved Name Lists (Pre-Sunrise)
- Sunrise
- Post Delegation Dispute Resolution

The ZACR is committed to protecting the rights of governments, registrars, end users and the greater Internet community against fraudulent, deceptive and unfair business practices that may arise within the dotDurban TLD. Abusive practices will be minimized through the following initiatives:

(A) Pre-Sunrise:
A pre-sunrise process will take place prior to the full-scale implementation of the Sunrise and Land-rush Policy applicable to the dotDurban TLD. This is significant as it will provide South African government departments and government organisations, a window of opportunity to compile and submit a list of names that must be reserved or blocked from registration. These names may be of an offensive nature or relate to cultural sensitivities within the South African context.

The Pre-Sunrise process will be administered by ZADNA and be subject to all reservations prescribed by ICANN (included but not limited to reservations regarding the label ‘example’, two character labels, tagged domain names, prescribed registry operation names, country and territory names, etc.) as well as the GAC principles regarding new TLDS.

Names placed on the Reserve Lists will only be available to pre-defined Applicants who will be expected to apply for the names within a period of time prescribed by ZADNA.

(B) Sunrise:
A phase-based Sunrise procedure, with associated auction processes, will be implemented to allow established South African brands and trademark holders to register their corresponding domains within the dotDurban TLD. ZADNA must still approve a Sunrise Policy, which must cater for the following periods:
- Sunrise 1, which provides priority for eligible owners of trademarks registered in Africa to obtain corresponding domains names.
- Sunrise 2, which allows eligible owners of trademarks to obtain corresponding domains names.

The ZACR with guidance from ZADNA will appoint an independent entity or entities to provide certain rights protection services which may include inter alia verification, validation, and dispute resolution services related to the eligibility of trademarks. In this regard the ZACR will endeavour to engage the services the South African Institute of Intellectual Property Law (www.SAIIPL.org.za) concerning the establishment and implementation of alternate dispute resolution mechanisms in ZA.

The final Sunrise Policy will also provide further details and clarity on Sunrise Eligibility Requirements (SERs) and a dedicated dispute resolution policy and mechanism for this phase.

(C) Land Rush
Just as in the Sunrise period, Land Rush will be implemented over several phases and will be administered through the ZACR’s Registrar Web Portal. ZADNA must still draft and approve a Land Rush Policy, which caters for the 3 Land Rush Phases, namely:
- The first phase is the “Introductory Land Rush Period” and will see premium domain names made available for purchase for certain periods at time at a certain minimum prices which will decrease as the periods progress. Where there is more than one party interested in the same domain name, that domain name will be referred to auction.
- The second phase is the “Initiation Land Rush Period”. This period will last for an estimated 14 days and will also be administered through the Registrar Web Portal. A minimum fee (roughly R300 - R500) will apply to registrations during this period. Multiple applications for the same domain name during this period will also be resolved using an auction process. Undisputed applications will be allocated at the end of the period.
- Depending on the decision made by ZADNA, the ZACR may elect to implement a “Limited Availability Operational Phase”, following on from the Initiation Land Rush period. This mechanism, which will endure for a limited time (0-14 days) will be to place any newly requested domain name (application) in a reserved queue for a short period. If any additional applications for the same domain name are received during this period then the domain will enter a Land Rush auction for a maximum predetermined period. At the end of the period the bids will be collected and the winner determined. This process, or a process similar to this, may also be introduced by the ZACR on an adhoc basis to mitigate the effects of multiple applications for the same name following domain release as well as spontaneous applications due to international events or announcements

(D) All Rights Protection Mechanisms prescribed by ICANN will be implemented. In particular, the Uniform Rapid Suspension System (URS) will be adopted. Initially, Examiners accredited by ICANN appointed Dispute Resolution Service Providers (according to the Applicant Guidebook Module 3, paragraph 3.2.3) will be requested to make findings in URS applications, but the Registry hopes to arrange for the appointment of a board of suitably qualified Examiners particularly in Africa to make findings in these matters.

In the case where a Post Delegation Dispute Resolution Procedure (PDDRP) is initiated following allegations that the Registry profited from a bad faith registration, the Registry undertakes to participate in the procedure and be bound by the determination made. This will be specifically included in the agreement with prospective applicants for domain names in this TLD. Providers accredited by ICANN as Dispute Resolution Service Providers (according to the Applicant Guidebook Module 3, paragraph 3.2.3) will initially be requested to stand as Providers in PDDRP applications, but the Registry hopes to arrange for the appointment of a board of suitably qualified Examiners particularly in Africa to make findings in these matters.

Provision will also be made to file initial complaints that the Registry has not complied with registry restrictions through a Whois Data Problem Report System (WDPRS) through InterNIC.net at a nominal, non-refundable fee. If a complainant is not satisfied that the Registry has complied with its requirements, the matter may be escalated using the RRDRP.

In the case of Registry Restrictions Dispute Resolutions Procedures (RRDRP), the Registry undertakes to participate in the procedure and be bound by the determination made. This will be specifically included in the agreement with prospective applicants for domain names in this TLD. Providers accredited by ICANN as Dispute Resolution Service Providers (according to the Applicant Guidebook Module 3, paragraph 3.2.3) will initially be requested to stand as Providers in RRDRP applications, but the Registry hopes to arrange for the appointment of a board of suitably qualified Examiners particularly in Africa to make findings in these matters.

A dedicated online advisory complaints portal will be created and end-users will have access to email, telephone and fax contact details of an appointed Complaints Officer who will attend to complaints directly or escalate them to the relevant divisions within the registry for resolution. A comprehensive Complaints Handling Policy, that sets out inter alia the scope and ambit of complaints that will be dealt with; the process that must be followed to deal with domain related complaints; and the course of action that the registry may take to deal with complaints depending on their nature, will also be drafted in consultation with ZADNA.

(E) ZADNA, will play a determining role in defining policy and determining pricing mechanisms within the dotDurban TLD. The scope and mandate of ZADNA will include the review and authorisation of various pricing models, including multi-year (1 10 years) pricing, bulk discounts and prices changes. ZADNA will consider the input and comments of the Registry Operator, Registrars, the broader Internet community and other factors concerning the affordability and competitiveness of the TLD in determining policy, prices and⁄or or price changes.

ZADNA will, after due consideration and where circumstances reasonably allow, first publish a proposed policy or price update schedule for public comment on the Registry’s website and will also circulate this to the Registrar mailing lists. The proposed update schedule will also include a description of the implementation roadmap for these changes to come into effect and prescribe a deadline for further comments and objections to be submitted for consideration.

Upon final review, taking into account the input provided and objections raised during the public inspection period, ZADNA will provide a final policy to the Registry Operator for implementation in the manner prescribed. The Registry Provider will then publish the policy on its website and duly inform all accredited Registrars and ICANN of the policy change. The Registry Operator will then ensure that the policy is implemented as published.

Similar gTLD applications: (3)

gTLDFull Legal NameDetail
.capetownUniForum SA (NPC) trading as ZA Central RegistryView
.joburgUniForum SA (NPC) trading as ZA Central RegistryView
.africaUniForum SA (NPC) trading as Registry.AfricaView