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

Prototypical answer:

INTRODUCTION

The introduction of the .dubai TLD is anticipated to result in the minimisation and, in some cases, the elimination of social costs and other negative consequences imposed upon consumers by the adoption of the following operating rules:
1. Method of resolving multiple applications for a domain name.
2. Cost benefits for registrants.
3. Contractual commitments to registrants regarding the magnitude of price escalations.
These operating rules will be described along with the manner in which they serve to eliminate or minimise social costs and negative consequences imposed upon consumers.

METHOD OF RESOLVING MULTIPLE APPLICATIONS

The method of resolving multiple applications for a domain name varies depending on the particular stage of the launch process – i.e., whether or not the domain name is being registered during the Sunrise, Landrush or General Availability period. The resolution method for each stage is provided below, along with a discussion of the manner in which the selected method serves to eliminate or minimise social costs.

Sunrise Period

A ʹsunrise period’ is a period of time for a defined category or categories of prospective domain name registrants to register domain names before registration opens to the general public. DEG will implement two Sunrise Periods aimed at different categories of registrants – one aimed at trademark holders and another aimed at government-affiliated entities. In accordance with the Registry Agreement, a sunrise period must be implemented in all new gTLDs for a minimum of 30 days during the pre-launch phase, to protect the legal rights of trademark holders. Multiple applications for a domain name will be resolved by auction during the Sunrise period aimed at trademark holders.

DEG will also implement a Sunrise Period during which only government-affiliated entities may apply for .dubai domain names over a 30-day period. Concomitantly, DEG may contact government affiliated entities to inform and to encourage them for application. Multiple applications for a particular domain name are not anticipated during this Sunrise Period, as government-affiliated entities are restricted to registering domain names that are closely related to their executive functions. In the event that multiple applications are received for a domain name during this period, the applicants will be required to participate in mediation to settle the contention. The DEG retains ultimate discretion regarding the allocation of .dubai domain names to government affiliated entities.

Utilisation of the auction method to resolve multiple applications in the .dubai TLD during the sunrise period for trademark holders is anticipated to minimise and possibly eliminate social costs and other negative consequences imposed upon consumers.

Similarly, resolving multiple applications for a .dubai domain name received during the sunrise period for government affiliated entities by participation in mediation ensures that the domain name is allocated to the entity that, as determined by DEG in its discretion (additionally through legal advice for contentious cases), is in the best position to provide authoritative content and promote the Emirate of Dubai. The subsequent increase in legitimate and accurate content online serves to promote consumer trust and minimises the amount of time and money wasted by consumers on illegitimate sites.

Landrush Period

A ‘landrush’ period is a period of time for all prospective registrants to register domain names before registration becomes available on a first-come⁄first-serve basis. In accordance with the Registry Agreement, a trademark claims service must be implemented during the first 60 days that registration is open for general registration. This will coincide with the landrush period for the .dubai TLD.

The auction method will be used to resolve multiple applications for a domain name during landrush, because the benefits of utilising auctions and burdens of using the first-come⁄first-serve method in sunrise, as described in the immediately preceding section of this answer, apply with equal force to the landrush period. Just as in the sunrise period, auction allocation during the landrush period provides an efficient, transparent, fair and objective method for resolving multiple applications for a domain name.

General Availability

General availability commences when domain names are made available for general registration. Upon commencement of general availability, domain names will be able to be registered at the standard registration fee and allocated on a first-come⁄first-serve basis. The lower cost and certainty associated with the first-come⁄first-serve method renders it a viable and sustainable method of resolving multiple applications on an ongoing basis.

COST BENEFITS TO REGISTRANTS

Although registrations in the .dubai TLD will not offer cost benefits when compared to existing TLD offerings, significant benefits will be obtained through the higher level of service, recognition and authority provided by the TLD.

CONTRACTUAL COMMITMENTS TO REGISTRANTS

Domain names in the .dubai TLD will be provided to and renewed by registrants at competitive markets rates. Although registrants will be provided with advance written notice of price increases as required under the Registry Agreement, no further contractual commitments will be made to registrants regarding the magnitude of price escalation as commitments of that kind may serve to restrict the registry operator’s ability to adapt to changes in the market place.

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