Does ICANN’s New Budget Harm Competition?
ICANN’s preliminary budget for 2004-2005 proposes to almost double
expenditures from the level was approved for 2003-2004. The text
accompanying the budget proposal stresses ICANN’s commitment to
carrying out the objectives contained in their Memorandum of Understanding
(MoU) with the Department of Commerce. ICANN goes so far as to use the MoU
as a justification for at least part of the planned budget expansion.
As the budget document explains, “A significant portion of the budget
will be dedicated toward achieving the objectives set forth by the MoU
between the Department of Commerce and ICANN.”
Despite the stated commitment to meeting their obligations to the government,
ICANN’s proposed budget may potentially breach the MoU. Specifically, the
MoU commits ICANN to “perform as an organization founded on the principles
of competition...” However, an alliance of at least 50 Registrars claims
that the new Registrar fee structure contained in the proposed budget would
significantly harm competition.
The ICANNBudget.org website states that the proposed budget would increase
“the yearly fee of Registrars from around $5000 to around $24000 ” and would
increase “the per domain name fee of every Registrar to around $0.25 per domain.”
One of the key concerns cited by the ICANNBudget.org, is that the proposed
fee increases and the planned changes in fee structure would have a
substantially disproportionate impact on mid-size and small Registrars.
According to the website, while the approximately $19,000 fee increase
would have a negligible effect on major Registrars, the increased cost per
domain would be 38 cents for a Registrar with 50,000 domains, $1.90 for a
Registrar with 10,000 domains with even higher per-domain costs for smaller
Registrar companies. It should be noted that the ICANN budget document
does state that “in certain cases” ICANN would provide a mechanism to
“forgive 2/3 of the” Variable Registrar Support fee and that they will
“publish a procedure for relief application and the criteria to be satisfied...”
The ICANNbudget alliance of Registrars claims that by creating the new
Registrar fee instead of maintaining the current pricing structure and
simply increasing the per domain fee, ICANN is shifting a disproportionate
share of costs from large to small registrars. According the website, this
“results in significant savings of money for the larger Registrars at the
cost of the smaller Registrars.”
The impact of the proposed budget, according to ICANNBudget.org, would be
“disastrous.” The website states that, if the budget the proposed fee increases
were to take effect, “A lot of Registrars will go out of business. A lot of
new applicants will get discouraged. In effect the number of ICANN Registrars
will reduce considerably to a small set of large monopolistic registrars,
entirely against the principles on which ICANN was originally founded - ie
to foster competition, globalization and growth.”
Should ICANNbudget.org’s analysis of the proposed new ICANN fee structure prove
correct it would raise serious questions regarding ICANN’s adherence to the
competition requirements of the MoU. NTIA has primary responsibility for
assessing ICANN’s compliance with the agreement. The Agency should fully
analyze the impact of the proposed budget on competition as part of their
“general oversight of activities conducted pursuant to this Agreement.”
See ICANNbudget.org
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