[arin-ppml] Recommended Draft Policy ARIN-2015-4: Modify 8.2 section to better reflect how ARIN handles reorganizations

Tue Oct 6 10:09:06 EDT 2015

Hi Marla,

I'm the policy author.  I wrote the policy in reaction to Richard Jimmerson's staff experience report published at:
https://www.arin.net/participate/meetings/reports/ARIN_35/PDF/monday/jimmerson_policy.pdf
On pages 7 and 8, Richard asked for specific changes, including:
- fixing the title to include reorganizations
- fixing the language:

" the recipient entity must provide evidence that they have acquired assets that use the resources to be transferred from the current registrant. ARIN will maintain an up-to-date list of acceptable types of documentation."

... to make it clear it does NOT apply to reorganizations.

So I fixed the title of 8.2 (I added the word re-organizations) and I CHANGED the order of the bullet points to read more clearly to the lay reader.  No text was changed except the last bullet point where I prefaced the text with "For mergers and acquisition transfer".

2015-4 is a very minor change, was requested by staff, and makes 8.2 more readable for the lay reader.

The AC considered this as an editorial change, but for reasons I don’t remember, we decided to put it through PDP.  It was a close call, I think.

Hope that helps :)

David

David R Huberman
Principal, Global IP Addressing
Microsoft Corporation

> -----Original Message-----
> From: arin-ppml-bounces at arin.net [mailto:arin-ppml-bounces at arin.net] On
> Behalf Of Andrew Dul
> Sent: Tuesday, October 6, 2015 6:56 AM
> To: Azinger, Marla <Marla.Azinger at FTR.com>
> Cc: arin-ppml at arin.net
> Subject: Re: [arin-ppml] Recommended Draft Policy ARIN-2015-4: Modify 8.2
> section to better reflect how ARIN handles reorganizations
> 
> The intent here is to clarify that a reorganization is not required to go through
> the larger process of showing that assets were acquired and the other needs
> testing that is currently done on mergers & acquisitions.
> 
> Andrew
> 
> > On Oct 5, 2015, at 3:26 PM, Azinger, Marla <Marla.Azinger at FTR.com>
> wrote:
> >
> > It looks like all that was changed was they added the word “re-
> organization”.  Am I missing some other text change?
> >
> > Regards
> > Marla Azinger
> >
> > -----Original Message-----
> > From: arin-ppml-bounces at arin.net [mailto:arin-ppml-bounces at arin.net]
> > On Behalf Of ARIN
> > Sent: Tuesday, July 21, 2015 10:33 AM
> > To: arin-ppml at arin.net
> > Subject: [arin-ppml] Recommended Draft Policy ARIN-2015-4: Modify 8.2
> > section to better reflect how ARIN handles reorganizations
> >
> > Recommended Draft Policy ARIN-2015-4
> > Modify 8.2 section to better reflect how ARIN handles reorganizations
> >
> > On 16 July 2015 the ARIN Advisory Council (AC) recommended
> > ARIN-2015-4 for adoption, making it a Recommended Draft Policy.
> >
> > ARIN-2015-4 is below and can be found at:
> >
> https://na01.safelinks.protection.outlook.com/?url=https%3a%2f%2fwww.a
> >
> rin.net%2fpolicy%2fproposals%2f2015_4.html&data=01%7c01%7cdavid.hube
> rm
> >
> an%40microsoft.com%7c4ff87465e393490ca8b208d2ce55ea5a%7c72f988bf86
> f141
> >
> af91ab2d7cd011db47%7c1&sdata=S%2bCm4qFN%2fqWIWPqajQOBcYhnEtdr
> zDaAl5MzW
> > G4jd2s%3d
> >
> > You are encouraged to discuss Draft Policy 2015-4 on the PPML prior to the
> ARIN Public Policy Consultation at ARIN 36 in Montreal in October 2015. Both
> the discussion on the list and at the meeting will be used by the ARIN
> Advisory Council to determine the community consensus for adopting this as
> policy.
> >
> > The ARIN Policy Development Process can be found at:
> >
> https://na01.safelinks.protection.outlook.com/?url=https%3a%2f%2fwww.a
> >
> rin.net%2fpolicy%2fpdp.html&data=01%7c01%7cdavid.huberman%40micros
> oft.
> >
> com%7c4ff87465e393490ca8b208d2ce55ea5a%7c72f988bf86f141af91ab2d7cd
> 011d
> > b47%7c1&sdata=zsfZBQTnd7KE8YVEOz6Lote4HhEJjd4VsBKNKj3o5pQ%3d
> >
> > Draft Policies and Proposals under discussion can be found at:
> >
> https://na01.safelinks.protection.outlook.com/?url=https%3a%2f%2fwww.a
> >
> rin.net%2fpolicy%2fproposals%2findex.html&data=01%7c01%7cdavid.huber
> ma
> >
> n%40microsoft.com%7c4ff87465e393490ca8b208d2ce55ea5a%7c72f988bf86f
> 141a
> >
> f91ab2d7cd011db47%7c1&sdata=PPDRFP%2bdKCH1b4WrdOzy4%2b2pERfXM
> Mpy7U6Yi6
> > IRx4g%3d
> >
> > Regards,
> >
> > Communications and Member Services
> > American Registry for Internet Numbers (ARIN)
> >
> >
> > ## * ##
> >
> >
> > Recommended Draft Policy ARIN-2015-4
> > Modify 8.2 section to better reflect how ARIN handles reorganizations
> >
> > Date: 21 July 2015
> >
> > AC's assessment of conformance with the Principles of Internet Number
> Resource Policy:
> >
> > 2015-4 is largely editorial in nature and does not change policy
> implementation, but clarifies existing use of policy. The proposal is fair in that
> it provides a consistent interface for transfers and clarifies the transfer policy.
> It is technically sound in that it is already effectively implemented. The
> proposal has received support on the mailing list and we expect it to be
> generally supported by the community as it is the direct result of community
> feed back on the existing policy.
> >
> > Problem Statement:
> >
> > ARIN staff indicated that NRPM 8.2 does not clearly indicate how ARIN
> procedures handle reorganizations. ARIN staff indicated that the first policy
> bullet point does not apply to reorganizations.
> >
> > Policy statement:
> >
> > Replacement text for entire 8.2 section:
> >
> > 8.2. Mergers, Acquisitions, and Reorganizations
> >
> > ARIN will consider requests for the transfer of number resources in
> > the case of mergers, acquisitions, and reorganizations under the
> > following
> > conditions:
> >
> > -The current registrant must not be involved in any dispute as to the status
> of the resources to be transferred.
> >
> > -The new entity must sign an RSA covering all resources to be transferred.
> >
> > -The resources to be transferred will be subject to ARIN policies.
> >
> > -The minimum transfer size is the smaller of the original allocation size or
> the applicable minimum allocation size in current policy.
> >
> > -For mergers and acquisition transfers, the recipient entity must provide
> evidence that they have acquired assets that use the resources to be
> transferred from the current registrant. ARIN will maintain an up-to-date list
> of acceptable types of documentation.
> >
> > In the event that number resources of the combined organizations are no
> longer justified under ARIN policy at the time ARIN becomes aware of the
> transaction, through a transfer request or otherwise, ARIN will work with the
> resource holder(s) to return or transfer resources as needed to restore
> compliance via the processes outlined in current ARIN policy.
> >
> > Comments:
> >
> > The problem statement is addressed by:
> >
> > -re-title 8.2
> >
> > -clarify the documentation bullet point
> >
> > -rearrange the documentation bullet to the end of the list since it only
> applies to some requestors, while the other bullet points apply to all
> requestors.
> >
> > a.Timetable for implementation: Immediate
> >
> > b.Anything else
> >
> > #####
> >
> > ARIN STAFF & LEGAL ASSESSMENT
> > Draft Policy ARIN-2015-4
> > Modify 8.2 section to better reflect how ARIN handles reorganizations
> >
> https://na01.safelinks.protection.outlook.com/?url=https%3a%2f%2fwww.a
> >
> rin.net%2fpolicy%2fproposals%2f2015_4.html&data=01%7c01%7cdavid.hube
> rm
> >
> an%40microsoft.com%7c4ff87465e393490ca8b208d2ce55ea5a%7c72f988bf86
> f141
> >
> af91ab2d7cd011db47%7c1&sdata=S%2bCm4qFN%2fqWIWPqajQOBcYhnEtdr
> zDaAl5MzW
> > G4jd2s%3d
> >
> > Date of Assessment: July 14, 2015
> >
> > ___
> > 1. Summary (Staff Understanding)
> > This proposal would provide clarification to the 8.2 transfer policy for
> reorganizations. It does this by adding "reorganizations" to the title, and
> clarifies that evidence of acquired assets is only required for merger and
> acquisition transfers; not reorganizations.
> >
> > ___
> > 2. Comments
> > A. ARIN Staff Comments
> > This proposal can be implemented as written. Minimal staff training and
> preparation would be needed to implement this if it were to become policy.
> The proposal clarifies a point about reorganizations that has been confusing
> to customers in the past. We see no negative impacts.
> >
> > B. ARIN General Counsel – Legal Assessment Counsel sees no material legal
> issues in this policy.
> >
> > ___
> > 3. Resource Impact
> > This policy would require minimal staff training and preparation. We see no
> negative impacts.
> >
> > ___
> > 4. Proposal / Draft Policy Text Assessed
> >
> > Draft Policy ARIN-2015-4
> >
> > Modify 8.2 section to better reflect how ARIN handles reorganizations
> >
> > Problem Statement:
> >
> > ARIN staff indicated that NRPM 8.2 does not clearly indicate how ARIN
> procedures handle reorganizations. ARIN staff indicated that the first policy
> bullet point does not apply to reorganizations.
> >
> > Policy statement:
> >
> > Replacement text for entire 8.2 section:
> >
> > 8.2. Mergers, Acquisitions, and Reorganizations
> >
> > ARIN will consider requests for the transfer of number resources in
> > the case of mergers, acquisitions, and reorganizations under the
> > following
> > conditions:
> >
> > -The current registrant must not be involved in any dispute as to the status
> of the resources to be transferred.
> > -The new entity must sign an RSA covering all resources to be transferred.
> > -The resources to be transferred will be subject to ARIN policies.
> > -The minimum transfer size is the smaller of the original allocation size or
> the applicable minimum allocation size in current policy.
> > -For mergers and acquisition transfers, the recipient entity must provide
> evidence that they have acquired assets that use the resources to be
> transferred from the current registrant. ARIN will maintain an up-to-date list
> of acceptable types of documentation.
> >
> > In the event that number resources of the combined organizations are no
> longer justified under ARIN policy at the time ARIN becomes aware of the
> transaction, through a transfer request or otherwise, ARIN will work with the
> resource holder(s) to return or transfer resources as needed to restore
> compliance via the processes outlined in current ARIN policy.
> >
> > Comments:
> >
> > The problem statement is addressed by:
> >
> > -re-title 8.2
> > -clarify the documentation bullet point -rearrange the documentation
> > bullet to the end of the list since it only applies to some requestors, while
> the other bullet points apply to all requestors.
> >
> > a.Timetable for implementation: Immediate
> >
> > b.Anything else
> > _______________________________________________
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