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

[Ted Mittelstaedt]

As for the policy itself, my question to the board is this,
we have been having mergers and acquisitions of ISP's for years.
What were you doing previously when ISP A with numbering bought
ISP B with numbering, and came to you wanting to use the
numbers of ISP B?  Why can't you just keep doing that?  What
is it during a period of IPv4 scarcity that you think you can't do
with these mergers that you have been doing now, during a period
of non-scarcity?

Ted

> -----Original Message-----
> From: arin-ppml-bounces at arin.net 
> [mailto:arin-ppml-bounces at arin.net] On Behalf Of Member Services
> Sent: Tuesday, March 24, 2009 10:00 AM
> To: arin-ppml at arin.net
> Subject: [arin-ppml] Draft Policy 2009-1: Transfer Policy 
> (Using theEmergency PDP)
> 
> 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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