[arin-ppml] 2009-1 comment

[John Curran]

On May 26, 2009, at 5:17 PM, Kevin Kargel wrote:
>
> Being that 2009-1 is listed as under discussion on ppml on
> https://www.arin.net/policy/proposals/index.html, I want to make  
> another
> comment.  Section 8-2 is make completely superfluous as any  
> transfers for
> the purpose of mergers and acquisitions could just as easily be  
> handled
> under the sell it to anyone you want clauses in section 8-3.

One nuance that I'd like to bring out for clarity's sake:

Transfers as a result of mergers and acquisitions go through a
confirmation step to insure that the actual operational resources
(i.e. equipment, routers, hosts) are moving along to the new entity.
This is to insure that we don't have the number resources go one
direction and the actual network go another.  However, this is
not, per se, a completion justification of all of the transferred
number resources and their need.  As long as substantially all
of the assets are transferred, then transfer of associated number
resources is allowed. One can imagine various multi-billion dollar
firms acquiring one another another; a complete rejustification of
all number resource usage would be very prohibitive, much like
asking the firm to reapply for all of its building permits,
operating licenses, etc. on the day of close.

As such, a transfer due to NRPM 8.2 is significantly different
that that proposed under 8.3 (where the acquiring entity must
fully qualify for the resources to be received, just as any
other application for additional resources).

I provide this information to help the community in its discussion,
and not to suggest what the appropriate outcome should be.  We can
obviously have both 8.2 and 8.3, or harmonize them to one approach
or other if the community so desires.

/John

John Curran
Acting President and CEO
ARIN