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<p>Hi David</p>
<p>I am not against it has, but it does because the authority given
to them for that come from this forum (for the revocation part not
the fee structure).<br>
4.2.1.2 makes it very clear and doesn't go into any operational
details and this proposal is willing to remove it.</p>
<p>Fernando<br>
</p>
<div class="moz-cite-prefix">On 16/01/2021 20:42, David Farmer
wrote:<br>
</div>
<blockquote type="cite"
cite="mid:CAN-Dau1c895HSxXFqVvvkxNT0_SNLyuM10hz4-XErrx5L0DKmA@mail.gmail.com">
<meta http-equiv="content-type" content="text/html; charset=UTF-8">
<div dir="ltr">The Board has the power to set fees, which includes
at least the power to revoke resources for nonpayment. If it did
not, the power to set fees would be meaningless.
<div><br>
</div>
<div>Thanks</div>
</div>
<br>
<div class="gmail_quote">
<div dir="ltr" class="gmail_attr">On Sat, Jan 16, 2021 at 5:29
PM Fernando Frediani <<a href="mailto:fhfrediani@gmail.com"
moz-do-not-send="true">fhfrediani@gmail.com</a>> wrote:<br>
</div>
<blockquote class="gmail_quote" style="margin:0px 0px 0px
0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">
<div>
<p>John, let's make it simple: The Board has no power to
*make and adopt policies* concerning resources allocation
without passing in this forum. Look: make policies not
just adopt them !<br>
</p>
<p>Yes we all understand it has the ultimate authority to
adopt all ARIN's policies, but it *cannot make and adopt
any policies by itself*. That is a sole prerogative from
this forum to initiate, discuss and agree on it to *then*
pass it to them for approval.<br>
Therefore Board has no power to determine the conditions
for resources to be allocated or revoked. This forum does
and why I am of that the current text is fine to remain as
it is as it is not causing any trouble and doesn't go into
any operational details.<br>
</p>
<p>The text in the proposal doesn't refer to how fees are
structured, but only mentions that lack of payment is a
reason for revocation (again a sole prerogative of this
forum to define not the Board). In other words the
authority for ARIN to revoke resources always comes from
this forum.<br>
As a suggestion to this proposal why not make more clear
and something similar to what LACNIC has which mentions
that violations to the contract leads to revocation ?<br>
</p>
<p>Fernando<br>
</p>
<div>On 16/01/2021 19:30, John Curran wrote:<br>
</div>
<blockquote type="cite"> On 16 Jan 2021, at 3:39 PM,
Fernando Frediani <<a
href="mailto:fhfrediani@gmail.com" target="_blank"
moz-do-not-send="true">fhfrediani@gmail.com</a>>
wrote:<br>
<div>
<blockquote type="cite">
<div>
<div>
<p>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.</p>
</div>
</div>
</blockquote>
Fernando - </div>
<div><br>
</div>
<div>That is also incorrect in the ARIN region (“But the
Board has not power to make policies or define rules for
allocation of revocation.”) The ARIN Board of Trustees
has the full authority of the organization, having been
elected by the membership - this includes the ultimate
authority to adopt all of ARIN’s number resource
policies. In its deep wisdom, the ARIN Board of
Trustees adopted a Policy Development Process that
delegates and constrains its role in the normal course
of policy development, but that does not change the
underlying authority to define the policies by which
ARIN operates. </div>
<div>
<blockquote type="cite">
<div>
<div>
<p>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.<br>
</p>
</div>
</div>
</blockquote>
<div>Again, that is not the case in the ARIN region, and
it might be best if you refrain from make assertions
regarding the functioning of authority in the ARIN
region without further research. Note - I am also
available at any time if you wish to discuss specifics
of ARIN authority and operation - feel free to reach
out to me to arrange if needed. </div>
<blockquote type="cite">
<div>
<div>
<p>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.</p>
</div>
</div>
</blockquote>
<div>
<div>The policy writeup notes "The AC’s understanding
is that community policy should not include
language referring to fees, as such language is
already present in the Registration
Services Agreement (RSA)” – this statement is
accurate, which suggests that the proposed change to
policy text is well-considered.</div>
</div>
<div><br>
</div>
<div>Thanks,</div>
<div>/John</div>
<div><br>
</div>
<div>
<div>John Curran</div>
<div>President and CEO</div>
<div>American Registry for Internet Numbers</div>
<div><br>
</div>
<div><br>
</div>
</div>
<div><br>
</div>
</div>
</blockquote>
</div>
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-- <br>
<div dir="ltr" class="gmail_signature">===============================================<br>
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moz-do-not-send="true">Email:farmer@umn.edu</a><br>
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