ASO Procedures for Empowered Community Powers
Definitions
Number Resource Organization (NRO) – The coordinating mechanism of the RIRs to act collectively on matters relating to the interests of the RIRs, as delegated to the NRO by the unanimous written agreement of the RIRs.
Number Resource Organization Executive Council (NRO EC) – The NRO Executive Council shall consist of one person selected by the Board of each RIR. The NRO Executive Council shall be the sole body empowered to represent the NRO, any of its component entities, and the RIR community in any interaction with any external organization, including any national, international or public sector entity as needed.
Number Resource Organization Number Council (NRO NC) – The NRO Number Council shall be responsible for the provision of advice to the NRO Executive Council concerning the ratification of proposed global IP number resource allocation policies.
NRO Secretariat – The NRO Secretariat handles operational responsibilities of the NRO.
Address Supporting Organization (ASO) – The entity acting within ICANN established by the Memorandum of Understanding between ICANN and the Number Resource Organization (ASO MOU). Under this agreement between ICANN and the Number Resource Organization (NRO), the NRO shall fulfill the role, responsibilities and functions of the ASO.
Address Supporting Organization Address Council (ASO AC) – Per the ASO MOU, the Address Supporting Organization Address Council consist of the members of the Number Resource Organization Number Council. The ASO MOU also specifies that the ASO AC shall define procedures for selection of individuals to serve on other ICANN bodies, in particular on the ICANN Board.
Empowered Community (EC) – The Empowered Community is the nonprofit association formed under the laws of the State of California consisting of the ASO, the ccNSO, the GNSO, the ALAC and the GAC.
Decisional Participant – Decisional Participants are the organizations (ASO, ccNSO, GNSO, ALAC, and GAC) comprising the Empowered Community.
Decisional Participant Representative – Decisional Participants act within the EC through their respective chair or another representative that they designate.
Empowered Community Administration (EC Administration) – The collection of all Decisional Participant Representatives are referred as the Empowered Community Administration.
Per the Empowered Community governing principles, Decisional Participant Representatives must act solely as directed by their Decisional Participant and in accordance with processes developed by their Decisional Participant for the use of the Empowered Community powers. Each Decisional Participant shall adopt procedures for exercising its rights including who can submit a petition to it and the process to be used, how the Decisional Participant determines whether to accept or reject a petition, how the Decisional Participant determines whether an issue subject to a petition has been resolved, how the Decisional Participant determines whether to support or object to actions supported by another Decisional Participant, and the process for the Decisional Participant to notify its community of relevant matters.
ASO Procedure for Empowered Community Approval Actions
This procedure applies to the EC’s exercise of its right to approve the following ICANN Board actions:
a. Fundamental Bylaw Amendments
b. Articles Amendments,
c. Asset Sales
These EC Approval Actions are initiated by ICANN, require that a Community Forum be held, and the respective Board action only proceeds if the Empowered Community provides its approval.
1. Upon receipt of an Approval Action Board Notice by EC Administration, the NRO Secretariat shall inform the NRO EC of the delivery of the Approval Action Board Notice.
2. The NRO Secretariat will announce the receipt of Approval Action Board Notice to the RIR communities.
3. Upon receiving information regarding participation in the Approval Action Community Forum, the NRO Secretariat will inform the RIR communities.
4. If there is publicly available conference call to discuss the Approval Action prior to the Approval Action Community Forum, the NRO Secretariat will inform the RIR communities of the conference call.
5. Upon completion of the Approval Action Community Forum, the NRO Secretariat will arrange for an NRO EC teleconference to be held at least 3 days prior to the relevant deadline by which the ASO must inform the EC Administration of its decision (21 days after the Approval Action Community Forum)
6. The NRO Secretariat will announce the completion of the Empowered Community Public Forum and upcoming ASO decision timeline on its response to the RIR communities.
7. During NRO EC teleconference, the NRO EC will determine whether to support or object the Approval Action by the Empowered Community or whether to abstain from the matter, if applicable.
8. The ASO EC Administration Representative will inform the EC Administration of the relevant decision prior to the relevant deadline.
9. The NRO Secretariat will announce the decision to the RIR communities.
ASO Procedure for Empowered Community Rejection Actions
This procedure applies to the EC’s exercise of its right to reject the following ICANN Board actions:
a) PTI Governance Actions
b) IFR Recommendation Decisions
c) Special IFR Recommendation Decisions
d) SCWG Creation Decisions
e) SCWG Recommendation Decisions
f) ICANN Budgets
g) IANA Budgets
h) Operating Plans
i) Strategic Plans
j) Standard Bylaw Amendments
These EC Rejection Actions are initiated by the community via petition to one of the Empowered Community Decisional Participants, will result in a Community Forum if supported by a second Decision Participant, and the respective Board action is void if the Empowered Community decides to approve the Rejection Action petition.
1. Upon receipt of a Rejection Action Board Notice, the NRO Secretariat shall inform the NRO EC of the delivery of the Rejection Action Board Notice.
2. The NRO Secretariat will announce the receipt of a Rejection Action Board Notice to the RIR communities, including the availability for 21 days of the petition process whereby any individual may submit a petition on the matter to the NRO Secretariat, seeking that the ASO exercise the power.
3. Upon receipt of a petition for the ASO to exercise its power, the NRO Secretariat will arrange a teleconference for the NRO EC on an appropriate date taking into account the relevant deadlines as set in ICANN bylaws.
4. The NRO Secretariat will inform RIR communities about the receipt of a petition for the ASO to exercise its power.
5. The NRO EC will hold a teleconference in order to decide the acceptance or rejection of the petition. The NRO EC has the authority to summarily dismiss petitions that do not meet the Empowered Community petition requirements, petitions which baseless or vexatious, or petitions which are similar to petitions already decided by the NRO EC. If they decide to accept the petition, the NRO EC must also decide (should the petition receive support by another Decisional Participant) whether they desire ICANN to organize a public conference call prior to the forum and whether they want the forum to take place during the following ICANN public meeting.
6. The ASO EC Administration Representative will inform the EC Administration and ICANN if accepts the Rejection Action Petition including the rationale for doing so.
7. The ASO EC Administration Representative will send a request for other Decisional Participants to support the petition.
8. The NRO Secretariat will announce the decision to accept the petition to the RIR communities.
9. If another Decisional Participant decides to support the petition within the timeframe as specified in the ICANN bylaws, the ASO EC Administration Representative must send a written notice to ICANN and the EC Administration in line with the procedures and deadlines as outlined in the ICANN bylaws.
10. Upon receipt of notice from another Decisional Participant requesting support for a Rejection Action Petition, the NRO Secretariat will arrange a teleconference for the NRO to determine whether or not to support the petition. The NRO EC will hold the teleconference and if the NRO EC decides to support the petition, then the ASO EC Administration Representative will inform the EC Administration and ICANN of the support, and the NRO Secretariat will announce the decision to the RIR communities.
11. Upon receiving information regarding participation in the Rejection Action Community Forum, the NRO Secretariat will inform the RIR communities.
12. If there is publicly available conference call to discuss the Rejection Action prior to the Rejection Action Community Forum, the NRO Secretariat will inform the RIR communities of the conference call.
13. Upon completion of the Rejection Action Community Forum, the NRO Secretariat will arrange for an NRO EC teleconference to be held at least 3 days prior to the relevant deadline by which the ASO must inform the EC Administration of its decision (21 days after the Rejection Action Community Forum)
14. The NRO Secretariat will announce the completion of the Empowered Community Public Forum and upcoming ASO decision timeline on its response to the RIR communities.
15. During NRO EC teleconference, the NRO EC will determine whether to support or object to the Rejection Action Petition by the Empowered Community or whether to abstain from the matter, if applicable.
16. The ASO EC Administration Representative will inform the EC Administration of the relevant decision prior to the relevant deadline.
17. The NRO Secretariat will announce the decision to the RIR communities.
ASO Procedure for Director Removal Actions
This procedure applies to the Empowered Community exercise of its right to remove one or more ICANN Directors:
a) NomCom Director Removal Process
b) SO/AC Director Removal Process
c) Board Recall Process
These Director Removal Actions are initiated by the community via petition to one of the Empowered Community Decisional Participants, will result in a Community Forum if supported by a second Decision Participant, and will result in the respective Board Directors removal if Empowered Community decides to approve the Director Removal petition.
1. Upon receipt of a petition for the ASO to exercise its Director removal power, the NRO Secretariat will arrange a teleconference for the NRO EC on an appropriate date taking into account the relevant deadlines as set in ICANN bylaws.
2. The NRO Secretariat will inform RIR communities about the receipt of a petition for the ASO to exercise its power.
3. If any Director to be removed by the petition was originally nominated by the ASO AC and where procedures from the ASO AC exist, the NRO Secretariat must inform the ASO AC and arrange a teleconference for the ASO AC three days prior the NRO EC teleconference. On the ASO AC teleconference, the ASO AC will consider the petition and may make a recommendation to the NRO EC regarding how the petition should be handled.
4. The NRO EC will hold a teleconference in order to decide the acceptance or rejection of the petition. The NRO EC has the authority to summarily dismiss petitions that do not meet the Empowered Community petition requirements, petitions which baseless or vexatious, or petitions which are similar to petitions already decided by the NRO EC. If they decide to accept the petition, the NRO EC must also decide (should the petition receive support by another Decisional Participant) whether they desire ICANN to organize a public conference call prior to the forum and whether they want the forum to take place during the following ICANN public meeting.
5. The ASO EC Administration Representative will inform the EC Administration and ICANN if accepts the Petition calling for Director Removal including the rationale for doing so.
6. The ASO EC Administration Representative will send a request for other Decisional Participants to support the petition for Director Removal.
7. The NRO Secretariat will announce the decision to accept the petition to the RIR communities.
8. If another Decisional Participant decides to support the petition within the timeframe as specified in the ICANN bylaws, the ASO EC Administration Representative must send a written notice to ICANN and the EC Administration in line with the procedures and deadlines as outlined in the ICANN bylaws.
9. Upon receipt of notice from another Decisional Participant requesting support for any Petition calling for Director Removal, the NRO Secretariat will arrange a teleconference for the NRO to determine whether or not to support the petition.
10. If any Director to be removed by the other Decisional Participant petition was originally nominated by the ASO AC and where procedures from the ASO AC exist, the NRO Secretariat must inform the ASO AC and arrange a teleconference for the ASO AC three days prior the NRO EC teleconference. On the ASO AC teleconference, the ASO AC will consider the petition and may make a recommendation to the NRO EC regarding how the petition should be handled.
11. The NRO EC will hold the teleconference and if the NRO EC decides to support the petition, then the ASO EC Administration Representative will inform the EC Administration and ICANN of the support, and the NRO Secretariat will announce the decision to the RIR communities.
12. Upon receiving information regarding participation in the Community Forum for director removal, the NRO Secretariat will inform the RIR communities.
13. If there is publicly available conference call to discuss the Director Removal action prior to the Community Forum for director removal, the NRO Secretariat will inform the RIR communities of the conference call.
14. Upon completion of the Community Forum for director removal, the NRO Secretariat will arrange for an NRO EC teleconference to be held at least 3 days prior to the relevant deadline by which the ASO must inform the EC Administration of its decision (21 days after the Community Forum for director removal)
15. The NRO Secretariat will announce the completion of the Empowered Community Public Forum and upcoming ASO decision timeline on its response to the RIR communities.
16. If any Director to be removed by the petition was originally nominated by the ASO AC and where procedures from the ASO AC exist, the NRO Secretariat must inform the ASO AC and arrange a teleconference for the ASO AC three days prior the NRO EC teleconference. On the ASO AC teleconference, the ASO AC will consider the petition and may make a recommendation to the NRO EC regarding how the petition should be handled.
17. During NRO EC teleconference, the NRO EC will determine whether to support or object to the Petition calling for Director Removal by the Empowered Community or whether to abstain from the matter, if applicable.
18. The ASO EC Administration Representative will inform the EC Administration of the relevant decision prior to the relevant deadline.
19. The NRO Secretariat will announce the decision to the RIR communities.
ASO Standard Practices for Empowered Community Activities
Communication to the RIR communities
- Communication about ASO Empowered Community activities to the RIR communities will occur in a timely manner using reasonable efforts.
- Communication will be done principally by distribution via each RIR to its respective community
ASO Designated Representative in Empowered Community Administration
- The ASO designates the NRO Secretary as its Designated Representative in the Empowered Community Administration, and will inform the Empowered Community administration of any changes to that role.
- As required by the Empowered Community governing principles, the ASO Participant Representative shall act solely as directed by NRO-EC (as the decisional body of the ASO) and these procedures, but that shall not preclude the ASO Participant Representative from acting on behalf of the ASO on routine matters of Empowered Community Administration, such as scheduling of EC Administration meetings and sending of routine EC Administration notices – the ASO specifically authorizes and directs its ASO EC Representative to act in these and similar matters.
Last modified on 03/03/2020