[arin-ppml] ARIN-PPML 2015-2

[Rudolph Daniel]

Question: how often does Arin staff encounter this anomaly if I can call it
that?

RD
On Apr 11, 2016 12:00 PM, <arin-ppml-request at arin.net> wrote:

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>    1. Revision to Text of Draft Policy ARIN-2015-2 (Christian Tacit)
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> ----------------------------------------------------------------------
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> Message: 1
> Date: Mon, 11 Apr 2016 14:50:32 +0000
> From: Christian Tacit <ctacit at tacitlaw.com>
> To: "arin-ppml at arin.net" <arin-ppml at arin.net>
> Subject: [arin-ppml] Revision to Text of Draft Policy ARIN-2015-2
> Message-ID: <9851d5ee8a334febaf54742028e5bb1b at S05-MBX03-12.S05.local>
> Content-Type: text/plain; charset="us-ascii"
>
> Dear Community Members:
> I am writing to advise of additional changes made today to the text of
> Draft Policy ARIN-2015-2.
> In the Staff and Legal analysis obtained, General Counsel expressed
> concerns about the proposed definitions of "affiliated" and "control". In
> light of these concerns and other efforts to simplify the text further, I
> have amended the text once again. The new amendments achieve the same
> intent as the previous language using much simpler and more concise
> language. The revised draft proposal is:
>
> "Problem Statement:
>
> Organizations that obtain a 24 month supply of IP addresses via the
> transfer market and then have an unexpected change in business plan are
> unable to move IP addresses to the proper RIR within the first 12 months of
> receipt.
>
> Policy statement:
> Replace 8.4, bullet 4, to read:
> "Source entities within the ARIN region must not have received a transfer,
> allocation, or assignment of IPv4 number resources from ARIN for the 12
> months prior to the approval of a transfer request, unless either the
> source and recipient entities own or control each other or are under common
> ownership or control. This restriction does not include M&A transfers."
> Comments: Organizations that obtain a 24 month supply of IP addresses via
> the transfer market and then have an unexpected change in business plan are
> unable to move IP addresses to the proper RIR within the first 12 months of
> receipt. The need to move the resources does not flow from ARIN policy, but
> rather from the requirement of certain registries outside the ARIN region
> to have the resources moved in order to be used there.
> The intention of this change is to allow organizations to perform
> inter-RIR transfers of space received via an 8.3 transfer regardless of the
> date transferred to ARIN. A common example is that an organization acquires
> a block located in the ARIN region, transfers it to ARIN, then 3 months
> later, the organization announces that it wants to launch new services out
> of region. Under current policy, the organization is prohibited from moving
> some or all of those addresses to that region's Whois if there is a need to
> move them to satisfy the rules of the other region requiring the movement
> of the resources to that region in order for them to be used there.
> Instead, the numbers are locked in ARIN's Whois. It's important to note
> that 8.3 transfers are approved for a 24 month supply, and it would not be
> unheard of for a business model to change within the first 12 months after
> approval. The proposal also introduces a requirement for an affiliation
> relationship between the source and r
>  ecipient entity, based on established corporate law principles, so as to
> make it reasonably likely that eliminating the 12 month anti-flip period in
> that situation will meet the needs of organizations that operate networks
> in more than one region without encouraging abuse.
> a. Timetable for implementation: Immediate
> b. Anything else: N/A"
> Chris Tacit
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> End of ARIN-PPML Digest, Vol 130, Issue 18
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