[arin-ppml] Revised - Draft Policy ARIN-2020-8: Clarify and Update 4.2.1.2 Annual Renewal Fee

[Fernando Frediani]

Exactly John, that's why the Board of Trustees or equivalent body has to 
approve policies that advances from this forum, to make sure they are in 
line with the applicable law, operational impacts, etc. But the Board 
has not power to make policies or define rules for allocation of revocation.

More important to highlight is that any policies regarding allocation of 
revocation come exclusively from this forum. If this forum defines lack 
of payment is one of that reasons for revocation of resources and Board 
approves it according to the PDP, then the Board is free to adjust the 
RSA and whatever procedures necessary to make it happen.

What I am saying with is that it is in its prerogatives for this forum 
to keep in the policy text that lack of payment is a reason for 
revocation. There is not reason to remove what is in there, it will not 
cause any harm or conflict to whatever the Board decides the RSA will be.

Regards
Fernando

On 16/01/2021 16:59, John Curran wrote:
> On 16 Jan 2021, at 10:35 AM, Fernando Frediani <fhfrediani at gmail.com 
> <mailto:fhfrediani at gmail.com>> wrote:
>>
>> Hello Owen
>>
>> *Any* revocation must always be governed by this forum which is the 
>> only body who has power to define allocation policies and therefore 
>> revocation. RIRs don't have power for that, except on exceptional 
>> situations (section 10.1) which have to be confirmed by this forum.
>> The RIR, based on RSA may stop providing services to organizations 
>> that are not up to their payments, but a policy that states loud and 
>> clear that organizations that fail to pay their fees are also subject 
>> to revocation, reason why I see no harm to leave the text as it is.
>>
>> Yes, the Board is free to modify the RSA at will, but they need to 
>> make it coherent to the whatever the policies say, where it applies 
>> of course (ex: Policy say that undue payments leads to resources 
>> revocation. RSA may outline the details how the services will stop 
>> being provided until the resources are revoked in line with this 
>> forum has the sole prerogative to define.)
>>
>> Just as a comparison and knowing that each RIR PDP may have its 
>> differences, the essence of ICP-2 is the same, the LACNIC policy 
>> manual clearly states in section 7 that lack payment (among other 
>> reasons) is a reason for revocation. Beyond that which is 
>> specifically stated in the manual it also says that "violations on 
>> contractual obligations with LACNIC" may be a reason for revocation. 
>> In resume, that is defined by the Policy Forum for the RIR to execute.
>>
> Fernando -
>
> Your assertion is incorrect with respect to ARIN, in that the text in 
> the RSA is controlling in this regard (as Owen noted earlier.)
>
> Each RIR has to conform with its own agreements and applicable law, 
> and such may have operational impacts on the management of number 
> resources in the region absent any corresoonding policy.
>
> As RIRs are member-based organizations,  members in the region elect a 
> governing board that hold overall responsibility for the business of 
> the RIR.   This is no different in ARIN region – the membership of 
> ARIN elects a Board which has authority for the organization and this 
> includes establising more operational matters such as budget, 
> services, fees, and agreements.
>
> Thanks,
> /John
>
> John Curran
> President and CEO
> American Registry for Internet Numbers
>
>
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