[arin-ppml] Advisory Council Meeting Results - July 2011

[ARIN]

In accordance with the ARIN Policy Development Process, the ARIN 
Advisory Council (AC) held a meeting on 21 July 2011 and made decisions 
about several proposals.

The AC selected the following proposal as a draft policy for adoption
discussion online and at the ARIN XXVIII Public Policy Meeting in
Philadelphia in October. The draft policy will be posted shortly to the
PPML.

   ARIN-prop-141 Combined M&A and Specified Transfers

The following proposals have been added to the AC's docket for
development and evaluation:

   ARIN-prop-155 IPv4 Number Resources for Use Within Region

The AC abandoned the following proposals:

   ARIN-prop-140 Business Failure Clarification
   ARIN-prop-154 Shared Space for IPv4 Address Extension (w/ IETF 
considerations)

Regarding proposal 140: Having reviewed the proposal - and underlying 
policy that is the subject of the proposal - the AC agrees with the 
staff assessment [included below] that existing policy does not require 
clarification. Existing policy is well-understood and utilized by the 
ARIN community. Furthermore, the proposal text is confusing to many and 
would not have resulted in clearer policy. If there is in fact a problem 
to be remedied, the AC encourages further conversation to bring it to 
light, so that the community can address it more directly.

The ARIN AC voted to abandon Proposal 154 because it considered the 
policy to be redundant considering the Board of Trustees has this same 
recommendation still on its table from policy 2011-5. The AC will 
continue to monitor events related to this policy concept as they 
develop from the Board of Trustees, the IAB, and the IETF.

The AC thanks the authors and the community for their continuing effort
and contributions to these and all other policy considerations.

The AC abandoned proposals 140 and 154. Anyone dissatisfied with these 
decisions may initiate a petition. The petition to advance these 
proposals would be the "Discussion Petition." The deadline to begin a 
petition will be five business days after the AC's draft meeting minutes 
are published. For more information on starting and participating in 
petitions, see PDP Petitions at:
https://www.arin.net/policy/pdp_petitions.html

Draft Policy and Proposal texts are available at:
https://www.arin.net/policy/proposals/index.html

The ARIN Policy Development Process can be found at:
https://www.arin.net/policy/pdp.html

Regards,

Communications and Member Services
American Registry for Internet Numbers (ARIN)


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Staff Assessment

Proposal 140
Business Failure Clarification

Date of Assessment:  13 July 2011

1. Proposal Summary (Staff Understanding)

This proposal changes existing NRPM section 8.1 (Transfer) Principles to 
state that any business that ceases to exist should notify ARIN as soon 
as possible so that the number resources can be returned to ARIN.

2. Comments

A. ARIN Staff Comments

Current implementation of this policy is that when an organization goes 
out of business or ceases to exist, the registered POC cannot “sell, 
transfer, assign, or give the number resource to any other person or 
organization” and must notify ARIN of the business dissolution.

  · Based on staff experience, the existing policy language has been 
well understood and utilized by the ARIN community since it was first 
implemented.
  · Therefore, this proposal may be unnecessary since it appears to 
address a non-existent problem.


B. ARIN General Counsel
      Pending

3. Resource Impact

This policy would have minimal resource impact from an implementation 
aspect.  It is estimated that implementation would occur within 3 months 
after ratification by the ARIN  Board of Trustees.
The following would be needed in order to implement:

  · Updated guidelines
  · Staff training


4. Proposal Text

Policy statement:

Modify Section 8.1. Strike "Thus, if a company goes out of business" and 
replace with "If an organization ceases to exist". Replace "must notify 
ARIN if a business fails" with "should notify ARIN that the oganization 
has ceased to exist".

the resultant text:

"Number resources are issued, based on justified need, to organizations, 
not to individuals representing those organizations. If an organization 
ceases to exist, 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. If a transfer is not promptly requested and justified, the 
POC should notify ARIN that the organization has ceased to exist so the 
assigned number resources can be returned to the available pool of 
number resources."

Rationale: Potential confusion exists over the requirement to return 
address space from a bankrupt entity. This is a needed clarification to 
the policy manual.

This text removes any mention of special treatment of bankrupt entities 
that was mentioned in version 1 and which may not comply with law.
"must notify" is replaced with "should notify" in order to reflect that 
the POC may not have the authority or permission to make the notification.