[arin-ppml] Draft Policy ARIN-2014-9: Resolve Conflict Between RSA and 8.2 Utilization Requirements

[xiaofan yang]

*Hi John, *


*We would like to do a 8.2transfer because of our restructure. *

*However,  the transferred ips are underutilized.  based on your comments
in the list, it seems that if those ips are lack of utilisation, ARIN will
ask us to return those ips or  ARIN will not approve our transfer ?*


*I have asked ARIN HM to explain and Shawn said if we can provide the
appropriate documents,  no matter if those ips are lack of utilisation,
Arin will approve the transfer and furthermore, we are free to transfer
those ips to others in basis of 8.3 transfer.   I am quite confused here.
it seems that John' comment conflicts with Arin HM's comments.   Which one
should my company follow?      Please see ARIN HM's comments below. *


*Please note that a transfer of resources is one of the options that is
listed in NRPM to restore compliance for underutilized resources.
Specifically, "ARIN will work with the resource holder(s) to return,
aggregate, transfer, or reclaim resources as needed to restore compliance
via the processes outlined in current ARIN policy." *


*- If the resources that Company A currently holds are underutilized, and
Company B provides legal evidence that they have acquired the assets that
use those resources, a transfer can be approved. In reference to
utilization, Company B may convey to ARIN that upon completion of the 8.2,
the resources will be transferred to a specified recipient via an 8.3
transfer. *


*- It is then incumbent on the Specified Recipient of the 8.3 to qualify
for the resources under ARIN policy for the 8.3 transfer to be approved. *





*John curran's comments*

Parties who have their resources under an RSA or LRSA cannot have their
resources

revoked for lack of utilization, although ARIN does ask about their
utilization

during NRPM 8.2 transfer; in cases of significant lack of utilization we
will also

note the option of voluntary return as well as the ability to transfer via
NRPM

8.3/8.4 i.e. the other options under NRPM 8.2 language, specifically -



"ARIN will work with the resource holder(s) to return, aggregate, transfer,

or reclaim resources as needed to restore compliance via the processes

outlined in current ARIN policy."


I do not know if asking parties (that are undergoing NRPM 8.2 transfer) to
know

their number resource utilization serves a useful purpose to the community,
but

that is the primary role of NRPM 8.2. Note that it may also serve as a
deterrent

(although hard to prove) in some cases to M & A transactions purely for
purposes

of obtaining IP space, since ARIN will seek to understand the utilization
of the

combined entity and may not agree to allow the transfer per community policy

(and parties that endeavor to work around such requirements via fraudulent

representations to ARIN can have the number resources reclaimed per NRPM 12)




The intent of NRPM 8.2, however, is quite clear - parties merging with other

parties will have a discussion with ARIN about the number resources
utilization

of the combined entity.





Regards,

Niki
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