[arin-ppml] Draft Policy 2011-8 Combined M&A and Specified Transfers

[ARIN]

Draft Policy ARIN-2011-8
Combined M&A and Specified Transfers

On 21 July 2011 the ARIN Advisory Council (AC) selected "Combined M&A 
and Specified Transfers" as a  draft policy for adoption discussion on 
the PPML and at the Public Policy Meeting in Philadelphia in October.

The draft was developed by the AC from policy proposal "ARIN-prop-141 
Combined M&A and Specified Transfers." Per the Policy Development 
Process the AC submitted text to ARIN for a staff and legal assessment 
prior to its selection as a draft policy. Below the draft policy is the 
ARIN staff and legal assessment, followed by the text that was submitted 
by the AC.

Draft Policy ARIN-2011-8 is below and can be found at:
https://www.arin.net/policy/proposals/2011_8.html

You are encouraged to discuss Draft Policy 2011-8 on the PPML prior to
the October Public Policy Meeting. Both the discussion on the list and
at the meeting will be used by the ARIN Advisory Council to determine
the community consensus for adopting this as policy.

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

Draft Policies and Proposals under discussion can be found at:
https://www.arin.net/policy/proposals/index.html

Regards,

Member Services
American Registry for Internet Numbers (ARIN)


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Draft Policy ARIN-2011-8
Combined M&A and Specified Transfers

Date/version: 26 July 2011

Policy statement:

To section 8.2 change "... ARIN will work with the resource holder(s) to 
return, aggregate, or reclaim resources as appropriate via the processes 
outlined in current ARIN policy (for example, sections 4.6, 4.7, or 12 
of the NRPM)." to "...ARIN will work with the resource holder(s) to 
return, aggregate, transfer, or reclaim resources as needed to restore 
compliance via the processes outlined in current ARIN policy."

Rationale:

Given that both M&A transfers and specified transfers are possible, it 
should be possible to execute a combined transfer in which unneeded 
resources are transferred via 8.3 (rather than returning unneeded 
resources to the free pool) and the rest are transferred via 8.2. Doing 
this in the wrong order (i.e., attempting to execute the 8.2 transfer 
first) should not penalize the transferring entity... especially as 
ARIN's opinion as to what is "no longer justified under ARIN policy" is 
best known by ARIN and may not be completely knowable by the 
transferring entity. Note that as there is no ARIN policy permitting 
IPv6 specified transfers, this policy would only affect IPv4 resources 
at this time.

Timetable for implementation: immediate


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STAFF ASSESSMENT

Proposal:  “Combined M&A and Specified Transfers”
Date of Assessment:  12 July 2011

1. Proposal Summary (Staff Understanding)

This policy offers a second option to 8.2 transfers where the IP 
addresses being transferred are underutilized. The new text would allow 
the transferor to request an 8.3 transfer of the unused portions, in 
lieu of the addresses being reclaimed and put into the free pool.

2. Comments

  A. ARIN Staff Comments

   This proposal would fill a gap in the existing policy and would 
likely benefit the community.

  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:

To section 8.2 change "... ARIN will work with the resource holder(s) to 
return, aggregate, or reclaim resources as appropriate via the processes 
outlined in current ARIN policy (for example, sections 4.6, 4.7, or 12 
of the NRPM)." to "...ARIN will work with the resource holder(s) to 
return, aggregate, transfer, or reclaim resources as needed to restore 
compliance via the processes outlined in current ARIN policy."

Rationale:

Given that both M&A transfers and specified transfers are possible, it 
should be possible to execute a combined transfer in which unneeded 
resources are transferred via 8.3 (rather than returning unneeded 
resources to the free pool) and the rest are transferred via 8.2. Doing 
this in the  wrong order (i.e., attempting to execute the 8.2 transfer 
first) should not penalize the transferring entity... especially as 
ARIN's opinion as to what is "no longer justified under ARIN policy" is 
best known by ARIN and may not be completely knowable by the 
transferring entity. Note that as there is no ARIN policy permitting 
IPv6 specified transfers, this policy would only affect IPv4 resources 
at this time.

New text removes references to other NRPM sections by number, shortens 
text by inlining the transfer option.