[arin-ppml] LAST CALL: Recommended Draft Policy ARIN-2014-9: Resolve Conflict Between RSA and 8.2 Utilization Requirements

[ARIN]

The ARIN Advisory Council (AC) met on 10 October 2014 and decided to
send the following to last call:

   Recommended Draft Policy ARIN-2014-9: Resolve Conflict Between RSA 
and 8.2 Utilization Requirements

Feedback is encouraged during the last call period. All comments should
be provided to the Public Policy Mailing List. This last call will
expire on 29 October 2014. After last call the AC will conduct their
last call review.

The draft policy text is below and available at:
https://www.arin.net/policy/proposals/

The ARIN Policy Development Process is available at:
https://www.arin.net/policy/pdp.html

Regards,

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


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Recommended Draft Policy ARIN-2014-9
Resolve Conflict Between RSA and 8.2 Utilization Requirements

Date: 23 July 2014

AC's assessment of conformance with the Principles of Internet Number 
Resource Policy:

"This proposal enables fair and impartial number resource administration 
by eliminating conflicting language in the NRPM with the RSA. This 
proposal is technically sound. The NRPM should not contain language that 
conflicts with the RSA. This proposal is supported by the community. 
This proposal reflects current practice."

Problem Statement:

8.2 transfer policy has utilization requirements at the time of the 
review of the transfer request.

The RSA section 6 expressly forbids ARIN from de-registering blocks (in 
whole or in part) due to under-utilization or no-justification during 
transfer requests.

This is a direct conflict.

Policy statement:

Remove the words "aggregate" and "reclaim" from 8.2, so it reads:

"In the event that number resources of the combined organizations are no 
longer justified under ARIN policy at the time ARIN becomes aware of the 
transaction, through a transfer request or otherwise, ARIN will work 
with the resource holder(s) to return or transfer resources as needed to 
restore compliance via the processes outlined in current ARIN policy."

Comments:

a.Timetable for implementation: Immediate

b.Anything else:

#####

Recommended Draft Policy ARIN-2014-9
Resolve Conflict Between RSA and 8.2 Utilization Requirements

Staff Assessment

Date of Assessment: 01 July 2014

1. Summary (Staff Understanding)

This proposal would revise NRPM 8.2 “Mergers and Acquisitions” 
by removing aggregation and reclamation of resources as a method to 
restore compliance with current policy.

2. Comments

A. ARIN Staff Comments

Removing the aggregation terminology from the policy is appropriate 
given the retirement of the aggregation policy language elsewhere in the 
NRPM.

Removing the reclamation terminology from the policy may encourage more 
people to complete 8.2 transfers because the reclamation aspect is no 
longer part of the policy.

Staff frequently sees cases where organizations are transferring 
resources that are not being utilized and lack a clear plan to utilize 
or transfer them in the future. This is a dilemma that exists today and 
will continue to exist with the revised policy. Staff will encourage 
such organizations to make use of their resources, work with staff to 
voluntarily return unused resources to ARIN, or transfer them to parties 
who need them.

The problem statement does not specify which version and date of the RSA 
[section 6]. This is a reconciliation issue between policy and RSA and 
therefore staff interprets this proposal as pertaining to current RSA 
version 11.0 (2012-04-20) [section 6].

B. ARIN General Counsel - Legal Assessment

This proposal does not appear to pose any material legal issues.

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 and internal procedures
· Staff training

4. Proposal/Draft Policy Text Assessed

Draft Policy ARIN-2014-9 Resolve Conflict Between RSA and 8.2 
Utilization Requirements
Revised: 16 May 2014

Problem Statement:
8.2 transfer policy has utilization requirements at the time of the 
review of the transfer request.
The RSA section 6 expressly forbids ARIN from de-registering blocks (in 
whole or in part) due to under-utilization or no-justification during 
transfer requests.
This is a direct conflict.

Policy statement:
Remove the words "aggregate" and "reclaim" from 8.2, so it reads:
"In the event that number resources of the combined organizations are no 
longer justified under ARIN policy at the time ARIN becomes aware of the 
transaction, through a transfer request or otherwise, ARIN will work 
with the resource holder(s) to return or transfer resources as needed to 
restore compliance via the processes outlined in current ARIN policy."