[arin-ppml] ARIN-prop-172 Additional definition for NRPM Section 2 - Legacy Resources

[John Curran]

On Jun 16, 2012, at 1:50 PM, Jimmy Hess wrote:
> 
> There is an advantage to having a "Resources will not be reclaimed
> solely for lack of use"
> clause in the LRS;  the advantages are enjoyed by the party when ARIN
> agrees to place resources under an LRSA,  at the expense of the
> community's policymaking ability.     It constrains the community.
> With such a clause, the community cannot start creating policies to
> forcibly reclaim resources that were properly obtained solely for lack
> of use, because ARIN has a contract saying they won't do that for LRSA
> signees,   and this gives LRSA signees a sense of "security" in
> acceding to the LRSA,   that they are not shooting themselves in the
> foot or totally writing themselves off to the immediate
> mercy/uncertainty of the community by signing a LRSA.
> 
> The community can still make and ARIN can still enforce policies to
> reclaim resources that were obtained fraudulently or in a manner
> inconsistent with policies.
> 
> And ARIN giving up the right to reclaim resources solely for lack of
> use may be a reasonable concession  if it is what ARIN has to do in
> order to persuade Legacy resource holders to sign a LRSA.

Jimmy - 
 
  As it turns out, that language already exists in the most recent 
  versions of both the RSA [1] (in Section 6) and in the LRSA [2]
  (in section 7).   These are now quite similar agreements at this 
  point (aside from a fee schedule reference); we have tried to make 
  working with ARIN as easy as possible while also treating all
  resource holders as equitably as possible.

  ARIN seeks utilization details when an address holder requests space 
  to be issued from ARIN's free pool, or be the recipient of a transfer.
  In either case, ARIN will not take revocation action due to lack of 
  utilization by the address holder.  To due so when there is clear value 
  for the rights and a functional (if limited) market transfer mechanism 
  would be highly imprudent on ARIN's part.

FYI,
/John

John Curran
President and CEO
ARIN

[1] RSA: https://www.arin.net/resources/agreements/rsa.pdf
[2] LRSA: https://www.arin.net/resources/agreements/legacy_rsa.pdf