from Abdulla N. Aripov to Stuart Lynn
Dr. M. Stuart Lynn
Dear Dr. Lynn:
I am writing to you on behalf of the Government of Uzbekistan concerning the «UZ» country code top level domain. In addition to reiterating that we designate Uzinfocom "as the appropriate entity to hold the delegation of authority by the ICANN for administrative authority of the «UZ» country code top level domain (ccTLD)," this letter is to provide ICANN with additional details regarding that designation.
The Government of Uzbekistan’s recognition of Uzinfocom is subject to it operating within the provisions of its organization Charter (please see attached) and to the fulfillment by Uzinfocom of the conditions outlined in Agreement between Communications and Information Agency and Uzinfocom on management of «UZ» country code top level domain (please see attached), which are summarized again here:
The Government of Uzbekistan through Communications and Information Agency of Uzbekistan commits to fulfill its role as envisioned in the "Principles for the Delegation and Administration of Country Code Top Level Domains" adopted by the ICANN Governmental Advisory Committee (GAC) on 23 February 2000. As you know, Mr. Izbasarov - Deputy Director General of Communications and Information Agency of Uzbekistan has been the Uzbekistan participant in the GAC. Communications and Information Agency of Uzbekistan supports the GAC as the appropriate vehicle for governments to participate in the ICANN process. In particular, the Government of Uzbekistan has endorsed GAC Principles as sound best practices for the delegation and administration of ccTLDs.
Under clause 8.1 of the GAC Principles, the Government of Uzbekistan designates Uzinfocom as the delegee of the «UZ» ccTLD and requests that ICANN enter into the three-way communication-based regime, as envisioned by the GAC Principles, to provide a framework of accountability for the management of the «UZ» ccTLD.
The designated point of contact within the Government of Uzbekistan is:
The point of contact for the delegee is:
In matters concerning the «UZ» top-level domain the Government of Uzbekistan, as noted above, will require that Uzinfocom manage the «UZ» top-level domain according to the interest of the Uzbekistan public and particularly its Internet community. Within this framework, the relevant communications between the Government of Uzbekistan and Uzinfocom consist of:
We believe that this agreement embodies the terms and conditions set out in clause 9 of the GAC Principles.
Clause 8.2 of the GAC Principles calls upon the relevant government or public authority to communicate to ICANN how it will require the delegee to abide by terms of the terms and conditions outlined in clause 9 of the Principles. The Government of Uzbekistan's ongoing endorsement is subject to Uzinfocom continuing to meet its obligations outlined in Agreement between Communications and Information Agency of Uzbekistan and Uzinfocom and this letter.
As contemplated by the GAC Principles, the Government of Uzbekistan and Uzinfocom wish to work cooperatively with ICANN to ensure that Uzinfocom fulfills its responsibilities, to both the Uzbekistan and global Internet communities, as delegee of the «UZ» ccTLD. As envisioned by clause 5.1 of the GAC Principles, the Government of Uzbekistan recognizes its role of ensuring that the «UZ» ccTLD is administered in Uzbekistan’s public interest, taking into consideration public policies, laws, and regulations. At the same time, Uzbekistan recognizes ICANN's function to establish, disseminate, and oversee implementation of the technical standards and practices that relate to the operation of the global domain-name system (GAC Principles clause 6.1.). The Government of Uzbekistan considers ICANN to be the appropriate international entity to oversee the technical coordination of the Internet in a manner that will preserve it as an effective and convenient mechanism for global communication and commerce.
In view of the dual responsibilities, from different perspectives, of the Government of Uzbekistan and ICANN for ensuring that Uzinfocom operates appropriately as delegee of the «UZ» ccTLD, we believe that it is vital that there be close governmental/ICANN coordination in connection with the delegation. In this regard, we suggest the following procedures be followed:
The GAC Principles recommend that ICANN should ensure, through an appropriate communication with the delegee, conformity to "ICANN developed policies concerning: interoperability of the ccTLD with other parts of the DNS and Internet; operational capabilities and performance of the ccTLD operator; and the obtaining and maintenance of, and public access to, accurate and up-to-date contact information for domain name registrants." (Clause 10.2.5.) There is the theoretical possibility that, in seeking to ensure that Uzinfocom operates the «UZ» top-level domain in the interest of the Uzbekistan community, the Government of Uzbekistan might give Uzinfocom directions that in some way conflict with ICANN policies. Such a conflict would be undesirable, and all parties should work together to minimize the possibility of such a conflict. In this regard, the Government of Uzbekistan would alert ICANN upon discovering a possibility of conflict and to seek to coordinate its supervision of Uzinfocom with that of ICANN through appropriate means, with the goal of avoiding any situation where the Uzinfocom faces conflicting governmental and ICANN requirements. We understand and appreciate that ICANN intends to do likewise.
The GAC Principles envision (clauses 7.1 and 7.3) that a delegee's status may be terminated in the event that it breaches the requirements of its communications with the relevant government and ICANN. To promote coordination in this area, ICANN and the Government of Uzbekistan should consult with one another concerning any contemplated termination due to breach of Uzinfocom responsibilities as delegee.
In particular, we note that Sponsorship Agreements ICANN has entered into provide ICANN the ability to terminate upon notification "by the Governmental Authority that the Sponsoring Organization has contravened the terms of the Governmental Communication, or the term of the Governmental Authority's designation of the Sponsoring Organization as manager of the Delegated ccTLD has expired." (Section 6.2.4 of JPRS -ICANN ccTLD Sponsorship Agreement and auDA-ICANN Sponsorship Agreement.) The Government of Uzbekistan believes provisions of this type will assist in appropriate coordination of actions in the event termination is appropriate, and expects ICANN to exercise its right of termination under a similar provision in a Uzinfocom-ICANN agreement upon notification by the Government of Uzbekistan. Likewise, we note that the Government of Uzbekistan commits to a similar type of coordination in the event of a breach (see GAC Principles clause 7.3.).
The GAC Principles recommend that, in the event that a delegation is terminated, a successor delegee should be designated by the relevant governmental authority, subject to that designated successor’s ability to meet the technical and other requirements embodied in an ICANN-delegee communication. (See GAC Principles clauses 3.5, 7.3, and 7.4.) Consistent with this recommendation, Section 6.3 of the recent ICANN-JPRS ccTLD Sponsorship Agreement provides that any reassignment of a ccTLD will be done "in coordination with the Governmental Authority." The Government of Uzbekistan believes this provision provides an appropriate mechanism for the designation of a successor manager of the «UZ» ccTLD.
If you wish to discuss any aspect of the above designation of Uzinfocom delegee of the «UZ» ccTLD, please to not hesitate to contact either me or Mr. Izbasarov (designated contact person within the Government of Uzbekistan)
Abdulla N. Aripov
1) Agreement between
Communications and Information Agency of Uzbekistan and Uzinfocom on management
of "UZ" ccTLD.
should be sent to email@example.com.