[arin-ppml] ARIN-prop-170 Transfer of Number Resources in case of Bankruptcy

[Kevin Kargel]

I like this idea also.  It should be possible to revoke/suspend/quarantine
the resources and place them in a holding pen for a time to allow the
acquisitor (?) time to request/defend the acquisition.  

The problem I see is that the resource may need to stay in operation during
the acquisition process to retain value.  For example if a local cable
company were to go in to bankruptcy and be acquired by one of their debtors
who wanted to assume operation of the cable system, it would be harmful to
have the number resources inoperable during the process.  

I would suggest a quarantine option, where the resources continued to be
advertised without a listed operator, or with ARIN as the listed operator
until transfer was effected or the q time expired and the resources were
returned to the common pool.  

I would further suggest that this q time be unreasonably short (3 months?)
with the facility for the court or acquisitor to request extension.  

The trick to all this is that it needs a trigger.  I rather doubt that any
operation is going to jump up and notify ARIN when they start a bankruptcy,
rather they will start conversations with ARIN when numbers actually need
attention.  

Bankruptcy courts are not going to preemptively notify ARIN of the start of
proceedings without legislation requiring it.

While it is a very good idea, I do not see how it would work in reality.

Kevin


 

> -----Original Message-----
> From: arin-ppml-bounces at arin.net [mailto:arin-ppml-bounces at arin.net] On
> Behalf Of Owen DeLong
> Sent: Thursday, May 10, 2012 6:53 PM
> To: Astrodog
> Cc: arin-ppml at arin.net
> Subject: Re: [arin-ppml] ARIN-prop-170 Transfer of Number Resources in
> case of Bankruptcy
> 
> Personally, I like the idea, but, I'm not sure whether it would meet the
> legal requirements.
> 
> Owen
> 
> On May 10, 2012, at 4:27 PM, Astrodog wrote:
> 
> > After reading through quite a few of the posts to the list on this
> > topic, an alternate proposal comes to mind:
> >
> > Namely, that an organization that is being liquidated through bankruptcy
> > no longer meets the needs-based requirements for an allocation or AS.
> > What about simply revoking the resource when an entity enters
> > liquidation, and perhaps give the purchasing entity a "fast track" way
> > to be approved if they plan to continue to operate the network, with
> > ARIN attempting to allocate the same number resource the old entity used
> > to avoid renumbering pain where possible. Simply purchasing a pile of
> > routers or other network infrastructure from a bankrupt entity does not
> > in any way indicate that the purchaser meets the needs based
> > requirements, before or after the sale. As it stands, this simply
> > provides a way to work around the 8.3 requirements for a directed
> transfer.
> >
> > If the community consensus is that number resources are not an asset,
> > revoking the allocation when an entity enters liquidation seems like the
> > best way to handle these circumstances, as the entity being liquidated
> > obviously no longer meets the needs based requirements, and the status
> > of a purchaser is completely unknown.
> >
> > --- Harrison
> >
> >
> >
> >
> >
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