[arin-ppml] LAST CALL - Recommended Draft Policy ARIN-2019-1: Clarify Section 4 IPv4 Request Requirements

[ARIN]

The ARIN Advisory Council (AC) met on 18 June 2020 and decided to send 
the following Recommended Draft Policy to Last Call:

ARIN-2019-1: Clarify Section 4 IPv4 Request Requirements

Feedback is encouraged during the Last Call period. All comments should 
be provided to the Public Policy Mailing List. Last Call will expire on 
8 July 2020 (accounting for one United States federal holiday).

The Recommended Draft Policy text is below and available at:
https://www.arin.net/participate/policy/drafts/

The ARIN Policy Development Process is available at:
https://www.arin.net/participate/policy/pdp/

Regards,

Sean Hopkins
Policy Analyst
American Registry for Internet Numbers (ARIN)



Recommended ARIN-2019-1: Clarify Section 4 IPv4 Request Requirements

AC Assessment of Conformance with the Principles of Internet Number 
Resource Policy:

This Draft Policy is is fair, impartial, and technically sound. This 
draft policy is an attempt to clarify the waiting period to only 
prohibit requests for IPv4 allocations under Section 4 of the NRPM. 
Additionally, it disallows organizations that have transferred space to 
other parties within the past 36 months from applying for additional 
IPv4 space under NRPM Section 4.

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 4.1.8:

Multiple requests are not allowed: an organization currently on the 
waitlist must wait 90 days after receiving a distribution from the 
waitlist or IPv4 number resources as a recipient of any transfer 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.

Restrictions apply for entities who have conducted recent resource 
transfers. These restrictions are specified in Section 8 for each 
relevant transfer category.

Add the following under 8.2. Mergers, Acquisitions, and Reorganizations:

An organization which serves as the source of an 8.2 IPv4 transfer will 
not be allowed to apply for IPv4 address space under section 4.1.8 ARIN 
Waitlist for a period of 36 months following said transfer unless the 
recipient organization remains a subsidiary, parent company, or under 
common ownership with the source organization.

Add the following under 8.3. Transfers Between Specified Recipients 
Within the ARIN Region and under the Conditions on the source of the 
transfer:

The source entity will not be allowed to apply for IPv4 address space 
under Section 4.1.8. ARIN Waitlist for a period of 36 months following 
the transfer of IPv4 address resources to another party.

Under conditions on the recipient:

If applicable the recipient will be removed from the ARIN Waitlist and 
will not be allowed to reapply under section 4.1.8. ARIN Waitlist for a 
period of 90 days.

Add the following under 8.4. Transfers Between Specified Recipients 
Within the ARIN Region and under the Conditions on the source of the 
transfer:

The source entity will not be allowed to apply for IPv4 address space 
under Section 4.1.8. ARIN Waitlist for a period of 36 months following 
the transfer of IPv4 address resources to another party.

Under conditions on the recipient:

If applicable the recipient will be removed from the ARIN Waitlist and 
will not be allowed to reapply under section 4.1.8. ARIN Waitlist for a 
period of 90 days.

Add:

8.6 Wait List Restrictions

Any organization which is on the wait list and submits a request to be 
the source of a transfer under any provision in section 8 will be 
removed from the wait list.

Timetable for Implementation: Immediate

Comments:

This proposal incorporates two related policy goals, combined for 
convenience in one proposal as both can addressed via modification of 
the same section and sentence of the NRPM. During ARIN 43 it was 
proposed to the community that the two policy statements were severable, 
however, there was sufficient community support behind keeping both.

There have been updates to section 4 since the beginning of the work on 
this policy. Text has been updated to reflect current NRPM.

There was significant community support to change the word “repeated” as 
it was vague. Additionally, there was concerned that a company may 
perform an M&A transfer to itself/parent company and the original 
proposed language would exclude those companies from being able to apply 
to the waitlist. After the addition of the new merger and acquisition 
language, staff and legal recommended that the restrictions for applying 
to the waitlist for participants of the transfer market be added to the 
appropriate section in the Section 8 of the NRPM. Organizations should 
be informed of how their activities in the transfer market will impact 
them in reference to applying to the waitlist. These changes were to 
make it easier for staff and the community to understand these requirements.