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

Ted Mittelstaedt tedm at ipinc.net
Tue Mar 24 15:38:27 EDT 2009

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?


> -----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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