[ppml] Policy Proposal 2007-8 - Last Call

[Member Services]

Policy Proposal 2007-8
Transfer Policy Clarifications

The ARIN Advisory Council (AC), acting under the provisions of the ARIN
Internet Resource Policy Evaluation Process (IRPEP), determined that
there is community consensus in favor of the proposal and moved it to
last call. The AC made this determination at their meeting at the
conclusion of the ARIN Public Policy meeting on 24 April 2007. The Chair
of the AC reported the results of the AC meeting during the Members
Meeting. The AC Chair's report can be found at:
http://www.arin.net/meetings/minutes/ARIN_XIX/mem.html

The AC edited one instance of "address space" to "number resources."

The policy proposal text is provided below and is also available at:
http://www.arin.net/policy/proposals/2007_8.html

Comments are encouraged. All comments should be provided to
ppml at arin.net. This last call will expire at 23:59, Eastern Time, 9 May
2007.

The ARIN Internet Resource Policy Evaluation Process can be found at:
http://www.arin.net/policy/irpep.html

Regards,

Member Services
American Registry for Internet Numbers (ARIN)


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Policy Proposal 2007-8
Transfer Policy Clarifications

Proposal type: Modify

Policy term: Permanent

Policy statement:

That Section 8 of the NRPM is replaced as follows:

8. Transfers

     8.1. Transfers

     Number resources are non-transferable and are not assignable to any
other organization unless ARIN has expressly and in writing approved a
request for transfer. ARIN is tasked with making prudent decisions on
whether to approve the transfer of number resources.

     It should be understood that number resources are not "sold" under
ARIN administration. Rather, number resources are assigned to an
organization for its exclusive use for the purpose stated in the
request, provided the terms of the Registration Services Agreement
continue to be met and the stated purpose for the number resources
remains the same. Number resources are administered and assigned
according to ARIN's published policies.

     Number resources are issued, based on justified need, to
organizations, not to individuals representing those organizations.
Thus, if a company goes out of business, regardless of the reason, the
point of contact (POC) listed for the number resource does not have the
authority to sell, transfer, assign, or give the number resource to any
other person or organization. The POC must notify ARIN if a business
fails so the assigned number resources can be returned to the available
pool of number resources if a transfer is not requested and justified.
     8.2. Transfer Requirements

     ARIN will consider requests for the transfer of number resources
only upon receipt of evidence that the new entity has acquired the
assets which had, as of the date of the acquisition or proposed
reorganization, justified the current entity's use of the number
resource. Examples of assets that justify use of the number resource
include, but are not limited to:

         * Existing customer base
         * Qualified hardware inventory
         * Specific software requirements.

     8.3. Documentation Requirements

     In evaluating a request for transfer, ARIN may require the
requesting organization to provide any of the following documents, as
applicable, plus any other documents deemed appropriate:

         * An authenticated copy of the instrument(s) effecting the
transfer of assets, e.g., bill of sale, certificate of merger, contract,
deed, or court decree
         * A detailed inventory of all assets utilized by the requesting
party in maintaining and using the number resource
         * A list of the requesting party's customers using the number
resources

     If further justification is required, the requesting party may be
asked to provide any of the following, or other supporting
documentation, as applicable:

         * A general listing of the assets or components acquired
         * A specific description of acquisitions, including:
               o Type and quantity of equipment
               o Customer base
         * A description of how number resources are being utilized
         * Network engineering plans, including:
               o Host counts
               o Subnet masking
               o Network diagrams
               o Reassignments to customers

Policy Rationale

Staff analysis and community comments have a problem with the
inconsistent use of the terms "ASN" and "IP Address" in this section
which leads to confusion on which resources can be transferred. The
entire section now utilizes the term "number resources" to clarify what
would appear to be the original intent.

A section regarding the handling of customer networks outside ARIN's
geographic region has been removed to reflect the actual current
procedure utilized that was developed in conjunction with the ERX
transfer project.

The last section of old text has been removed as it does not appear to
be so much policy as guidance.

Timetable for implementation: Immediate