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

William Herrin bill at herrin.us
Mon May 2 14:43:27 EDT 2011

On Mon, May 2, 2011 at 1:58 PM, ARIN <info at arin.net> wrote:
> ARIN-prop-140 Business Failure Clarification
> 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.

Hi Matthew,

If I understand properly, the language you object to in section 8.1 is:

"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."

The main point of that paragraph is that if your company's network is
terminated (as part of a general company shutdown) you, as the POC,
don't get to keep the addresses as some kind of severance pay. Your
suggested text frankly just muddies the waters further.

I would suggest replacing "goes out of business" with "ceases
operations" and just strike the last sentence entirely.

Bill Herrin

William D. Herrin ................ herrin at dirtside.com  bill at herrin.us
3005 Crane Dr. ...................... Web: <http://bill.herrin.us/>
Falls Church, VA 22042-3004

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