[arin-ppml] ARIN Draft policy 2019-1 Clarify Section 4 IPv4 Request Requirements - Update Dec 2019

[Scott Leibrand]

Does this open up the possibility that an organization performs its 8.2
transfer to a wholly-owned subsidiary, and then sells that subsidiary to a
third party, to bypass the limitation on applying for more IPv4 space?  Do
we need to change "was a subsidiary" to "was, and remains, a subsidiary" or
similar?

-Scott

On Fri, Dec 13, 2019 at 8:34 AM Kat Hunter <takokat81 at gmail.com> wrote:

> Happy Friday Everyone;
> Draft Policy ARIN-2019-1 is below and can be found at:
> https://www.arin.net/participate/policy/drafts/2019_1/
>
> During the Austin meeting there was concern for some of the wording of
> 2019-1. It was suggested that the word "Repeated" was too vague and that
> companies that performed M&A transfer that was a subsidiary, parent
> company, or an organization under common ownership of the same parent
> company as the applicant organization should not be removed or kept from
> the waitlist because of a consolidation of resources. We've updated the
> wording on 2019-1 and would appreciate discussion on the updates. Thanks so
> much in advance.
> -------
> Problem Statement:
>
> Per a recent ARIN Policy Experience Report and resulting AC discussion, it
> was noted that the language of Section 4.1.8 is imprecise in that it can be
> interpreted as specifying a waiting period for any allocation activity, as
> opposed to being intended to limit only the frequency of IPv4 allocations
> under Section 4.
>
> The same Policy Experience Report also noted that ARIN staff has observed
> a pattern where an organization transfers space under NRPM Section 8.2 to a
> specified recipient, and then immediately applies for space under Section
> 4. This activity appears to be speculative in nature and not consistent
> with sound address management policy.
>
> The updated language in this proposal addresses the two issues above, as
> both concerns can be addressed via modifications to the same section and
> sentence thereof of the NRPM:
>
> Clarifies the waiting period to only prohibit requests for IPv4
> allocations under Section 4 of the NRPM
> Disallows organizations that have transferred space to other parties
> within the past 36 months from applying for additional IPv4 space under
> NRPM Section 4.
> Policy Statement:
>
> Current language found in NRPM Section 4.1.8 - Unmet Requests:
>
> Repeated requests, in a manner that would circumvent 4.1.6, are not
> allowed: an organization currently on the waitlist must wait 90 days after
> receiving a distribution from the waitlist before applying for additional
> space. ARIN, at its sole discretion, may waive this requirement if the
> requester can document a change in circumstances since their last request
> that could not have been reasonably foreseen at the time of the original
> request, and which now justifies additional space. Qualified requesters
> will also be advised of the availability of the transfer mechanism in
> section 8.3 as an alternative mechanism to obtain IPv4 addresses.
>
> Proposed new language:
>
> Multiple requests are not allowed: an organization may not apply for IPv4
> address resources under this section if they have received an allocation,
> assignment, or transfer of IPv4 resources through a specified transfer
> under sections 8.3 or 8.4 or waitlist allocation less than three months
> prior, or if the organization has transferred IPv4 address resources to
> another party under Section 8 less than 36 months prior to its application
> under this section. However, an organization may apply for IPv4 address
> resources under this section if they have transferred IPv4 address
> resources under section 8.2 during the previous 36 months if the recipient
> organization was a subsidiary, parent company, or an organization under
> common ownership of the same parent company as the applicant organization.
> ARIN may at its sole discretion, waive this restriction if the requester
> can document a change in circumstances since their last request that could
> not have been reasonably foreseen at the time of the original request, and
> which now justifies additional space. Qualified requesters will also be
> advised of the availability of the transfer mechanism in section 8.3 as an
> alternative mechanism to obtain IPv4 addresses.
>
> -Kat Hunter
>
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