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

[Scott Leibrand]

John,

We recently added "or transfer" to the list of ways to cure a underutilization situation. Does that still apply under this RSA language? Will ARIN require an org to transfer space it's not using?

Thanks,
Scott

On Jun 16, 2012, at 5:33 PM, John Curran <jcurran at arin.net> wrote:

> 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
> 
> _______________________________________________
> PPML
> You are receiving this message because you are subscribed to
> the ARIN Public Policy Mailing List (ARIN-PPML at arin.net).
> Unsubscribe or manage your mailing list subscription at:
> http://lists.arin.net/mailman/listinfo/arin-ppml
> Please contact info at arin.net if you experience any issues.