[arin-ppml] ARIN-prop-140 Business Failure Clarification - version 2

[ARIN]

The proposal originator revised the proposal.

Regards,

Communications and Member Services
American Registry for Internet Numbers (ARIN)


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ARIN-prop-140 Business Failure Clarification
Proposal Originator: Matthew Kaufman
Proposal Version: 2
Date: 17 May 2011
Proposal type: new
Policy term: permanent
Policy statement:

Modify Section 8.1. Strike "This, if a company goes out of business" and
replace with "If an organization ceases to exist". Replace "must notify
ARIN if a business fails" with "should notify ARIN that the organization
has ceased to exist".

the resultant text:

"Number resources are issued, based on justified need, to organizations,
not to individuals representing those organizations. If an organization
ceases to exist, 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. If a transfer is not promptly requested and justified, the
POC should notify ARIN that the organization has ceased to exist so the
assigned number resources can be returned to the available pool of
number resources."

Rationale:

Potential confusion exists over the requirement to return address space
from a bankrupt entity. This is a needed clarification to the policy manual.

This text removes any mention of special treatment of bankrupt entities
that was mentioned in version 1 and which may not comply with law.

"must notify" is replaced with "should notify" in order to reflect that
the POC may not have the authority or permission to make the notification.


Timetable for implementation: immediate

ARIN wrote:
> ARIN-prop-140 Business Failure Clarification
>
> ARIN received the following policy proposal and is posting it to the
> Public Policy Mailing List (PPML) in accordance with the Policy
> Development Process.
>
> The ARIN Advisory Council (AC) will review the proposal at their next
> regularly scheduled meeting (if the period before the next regularly
> scheduled meeting is less than 10 days, then the period may be extended
> to the subsequent regularly scheduled meeting). The AC will decide how
> to utilize the proposal and announce the decision to the PPML.
>
> The AC invites everyone to comment on the proposal on the PPML,
> particularly their support or non-support and the reasoning
> behind their opinion. Such participation contributes to a thorough
> vetting and provides important guidance to the AC in their deliberations.
>
> Draft Policies and Proposals under discussion can be found at:
> https://www.arin.net/policy/proposals/index.html
>
> The ARIN Policy Development Process can be found at:
> https://www.arin.net/policy/pdp.html
>
> Mailing list subscription information can be found
> at: https://www.arin.net/mailing_lists/
>
> Regards,
>
> Communications and Member Services
> American Registry for Internet Numbers (ARIN)
>
>
> ## * ##
>
>
> ARIN-prop-140 Business Failure Clarification
>
> Proposal Originator: Matthew Kaufman
>
> Proposal Version: 1
>
> Date: 2 May 2011
>
> Proposal type: new
>
> Policy term: permanent
>
> Policy statement:
>
> Add to end of Section 8.1: "Note that an entity which is reorganizing
> under any section of the US bankruptcy code (or foreign equivalent) is
> not 'out of business' for the purpose of interpreting this section"
>
> Rationale:
>
> Potential confusion exists over the requirement to return address space
> from a bankrupt entity. This is a needed clarification to the policy 
> manual.
>
> Timetable for implementation: immediate
>
>
>
>
>
>
>