[arin-ppml] ARIN-prop-148 LRSA resources must not be transferred to LRSA

[Owen DeLong]

On May 11, 2011, at 9:39 AM, Martin Millnert wrote:

> Jimmy,
> 
> On Tue, May 10, 2011 at 9:01 PM, Jimmy Hess <mysidia at gmail.com> wrote:
>> I suggest  something more like:
>> 
>> The recipient of transferred number resources must sign a standard
>> Registration Services
>> Agreement made public by ARIN,  that ensures ARIN retains the right to
>> charge fees
>> and revoke resources as needed, to enforce number resource policies, or reclaim
>> underutilized resources.
> 
> I'm admittedly not very experienced in ARIN procedures, so if you
> would please help me out here:
> How does this motivate sellers of legacy space to involve ARIN in
> their transactions?
> 
It doesn't really affect the sellers.

This is a requirement incumbent on the recipients of the space, not
the providers (sellers).

> My understanding of the term "legacy space" is that it was assigned to
> users prior to ARIN's (or others) existence, and that you can't assume
> there is contracts in place where the legacy space holder in effect
> converts their space to ARIN managed space (which in practical terms
> means the space isn't "legacy space" per my definition).
> 
Whether the space is legacy or not, it is ARIN managed.

Legacy space was issued prior to ARIN's existence, but, even then,
it was issued to a particular party for a particular purpose with the
expectation that it should be returned when that purpose was no
longer valid. The key difference is that utilization density requirements
have changed over time and so long as legacy space remains
with its original recipient (or their successors in interest), it is subject
to the terms under which it was issued, just as space issued under
older forms of the RSA remains subject to those terms.

Legacy space is not inherently transferable, and even an 8.3
transfer requires that the space first be returned to ARIN and
then be reissued as agreed between the original holder and
the designated recipient. Since the designated recipient
would be receiving a new allocation/assignment from ARIN,
it should be subject to the standard RSA.

There is no such thing, really, as "legacy space". What there is are
legacy resource holders and the space they hold is treated under
legacy terms so long as they hold it.

Owen