[arin-ppml] Draft Policy 2009-1: Transfer Policy (Using the Emergency PDP)

[Heather Schiller]

The addition of the definition of "Organization" to 2009-1 has the 
potential to significantly change current practices. The word 
"Organization" is used 106 times throughout the current NRPM.  There may 
be areas of the NRPM where the word "Organization" is used but a 
definition different from the one in the 2009-1 proposal is intended.

We are concerned that the ramifications of this change on the rest of 
the NRPM have not been fully evaluated and do not have enough time to be 
reviewed in the constrained time line given with the board's emergency 
policy action.  We would prefer to see the definition of "Organization" 
be submitted as a separate policy proposal using the regular PDP cycle 
with greater consideration given to how it affects the rest of the NRPM.

If that is not possible, I would suggest that the definition of 
organization as written in 2009-1 be removed from section 2 and 
constrained to the transfer section only.

  In the meantime we would appreciate hearing from the board further 
clarification on the full intention of this definition and whether the 
intent is to apply this definition to every instance of the word 
"Organization" in the NRPM.  Was consideration given to the 
ramifications on the rest of the NRPM?  We would also expect ARIN 
staff's "Clarity and Understanding" statement to include information 
about how they interpret this change and how they see it affecting other 
policies.


--Heather Schiller
      (on behalf of Verizon)

====================================================
  Heather Schiller	Verizon Business
  Customer Security	1.800.900.0241
  IP Address Management	help4u at verizonbusiness.com
=====================================================

Member Services wrote:
> Draft Policy 2009-1
> Transfer Policy
> 
> The ARIN Board of Trustees has declared a policy emergency and is making
> use of the Emergency PDP provision in the ARIN Policy Development
> Process to revise policy.
> 
> At their meeting on 6 February 2009 the ARIN Board of Trustees, based on
> the recommendation of the ARIN Advisory Council and noting that the
> Policy Development Process had been followed, adopted Draft Policy
> 2008-6: Emergency Transfer Policy for IPv4 Addresses.
> 
> Then at their meeting on 8 March 2009, the Board noted there is a gap in
> the transfer policy that limits the availability of IPv4 address space
> at a time when otherwise available IPv4 address space will become
> scarce, and declared this gap an emergency. The Board initiated the
> Emergency PDP of the Policy Development Process in order to revise the
> transfer policy (both the existing transfer policy and the policy just
> adopted).
> 
> Per the Emergency PDP, the draft policy below is being posted to the
> Public Policy Mailing List for 10 business days of discussion and review
> by the community. The emergency discussion period ends 7 April 2009.
> Within 5 business days of the end of discussion the Advisory Council
> will, having reviewed the comments on the list, review the draft policy
> and make a recommendation to the Board of Trustees. The Board may adopt
> or reject the draft policy. If the Board adopts the policy, it will be
> presented at the next public policy meeting for reconsideration.
> 
> We encourage you to discuss Draft Policy 2009-1 on the PPML. The
> discussion on the list will be used by the AC to determine the community
> consensus regarding adopting this as policy.
> 
> Draft Policy 2009-1: Transfer Policy is available below and at:
> https://www.arin.net/policy/proposals/2009_1.html
> 
> The ARIN Policy Development Process can be found at:
> https://www.arin.net/policy/pdp.html
> 
> Policy 2008-6: Emergency Transfer Policy for IPv4 Addresses can be found at:
> https://www.arin.net/policy/proposals/2008_6.html
> 
> Regards,
> 
> Member Services
> American Registry for Internet Numbers (ARIN)
> 
> 
> ## * ##
> 
> 
> Draft Policy 2009-1
> Transfer Policy
> 
> Originator: ARIN Board of Trustees (using the Emergency PDP provision in
> the ARIN Policy Development Process)
> 
> Date: 24 March 2009
> 
> Policy statement:
> 
> Insert into the ARIN Number Resource Policy Manual as follows:
> 
> Add Section 2.8:
> 
> “Organization. An Organization is one or more legal entities under
> common control or ownership.”
> 
> Replace Section 8 as follows:
> 
> 8. Transfers
> 
> 8.1. Principles
> 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. Mergers and Acquisitions
> ARIN will consider requests for the transfer of number resources in the
> case of mergers and acquisitions 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.
> 
> 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) affecting 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 resource.
> 
> 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
> 
> 8.3 Transfers to Specified Recipients
> Number resources may be released, in whole or in part, to ARIN for
> transfer to another specified organizational recipient, by any
> authorized resource holder within the ARIN region. Such transferred
> number resources may only be received by organizations that are within
> the ARIN region and can demonstrate the need for such resources in the
> exact amount which they can justify under current ARIN policies.
> 
> #####
> 
> Notes:
> 
> Most of the existing Section 8 is left unchanged. List of changes:
> 
> 2.8 New.
> 8.1 Changes from “Transfers” to “Principles.”
> 8.2 Changes from “Transfer Requirements” to “Mergers and Acquisitions.”
> 8.2 The word “only” is removed.
> 8.3 Merged up into 8.2.
> 8.3 Edited version of the adopted 2008-6.
> 
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