When we developed the new SLD process we issued a request for comments and some background information.  The background information is shown below: 

Introduction

In August 2000, Nominet introduced an original Policy and Procedure  for the creation of new .uk Second Level Domains (SLDs), following extensive work by Nominet's Policy Advisory Board (PAB).  During the course of 2001, there were 4 full applications made under this Policy and Procedure. In December 2001, in the light of experience gained considering and processing the applications, the PAB agreed that both the Policy and Procedure should be reviewed.   In May 2002, Nominet suspended the original SLD Policy and Procedure pending this review.

Office of Fair Trading

In January 2002 and September 2002, Nominet was notified that complaints had been made to the Office of Fair Trading (OFT) in respect of two applications by third parties which had been rejected under the original SLD application process.  The OFT dismissed the first of those complaints in March 2002, but launched a formal investigation into the second complaint in November 2002.  On 15 April 2003, having examined an outline proposal, the OFT informed Nominet that it had closed its investigation, on the assumption that the proposal in its current form will be adopted in due course.  Since that time, Nominet has been finalising the full drafts of the proposed SLD Policy and the proposed Procedure.

The OFT made no adverse finding against Nominet as a result of its investigation in relation to Nominet's handling of the selection process, nor did it reach any firm conclusions on Nominet's market position.  However, it did raise a number of concerns with regard to the original SLD Policy and Procedure which may have become relevant had the investigation proceeded further.  In particular, the OFT indicated that, as drafted, the original SLD Policy and Procedure, may have had the potential to discriminate against third party applicants, in particular rules 9 and 11 of the original SLD Policy.  As part of its review, Nominet developed detailed proposals for a revised process, on which it consulted with the OFT.  The OFT has reviewed the draft documents and has indicated that it is broadly happy with the current proposals.  However, the OFT has expressly reserved its right to review the operation of any resulting process and re-open its investigation at any time if it believes that Nominet has failed to introduce proposals which address the OFT's concerns within a reasonable time period.

Request for Comments

Under usual circumstances, Nominet would conduct a full, open consultation, not only involving the PAB, but also the wider internet community, and in the past we have adopted major changes to policy as a result of responses from the Internet Community (for example, changes to the WHOIS in 2002).  However, on this occasion, it should be recognised that while Nominet would like to receive feedback, there may be legal reasons why it may not be possible to change certain elements of the proposals and still resolve the OFT's concerns. Nominet strongly maintains that its handling of all applications under the original process was fair and non-discriminatory, and in any event does not believe that it holds a dominant market position.    

Nominet's Council of Management did not therefore consider itself under any legal obligation to conduct a review of its SLD process, but it chose to work with the OFT for two reasons.  First, any protracted investigation would have been expensive and would have involved delay and uncertainty, which would have been against the overriding interests of the whole UK Internet community.  Second, Nominet was in any event already conducting its own review independently of the OFT and decided that it made sense to do so together with the OFT.

Nominet's Council of Management recommends these proposals, subject to considering the results of this Request for Comments.  The Council of Management recognises that these proposals constitute a major change in the process for the creation of SLDs, but after considerable deliberation, has concluded that any disadvantages thereof are outweighed by the advantages of bringing the recent investigation to a close.  The Council of Management supports the reasoning behind the proposed changes, and believes that they represent a fair, objective, measurable and achievable process for the creation of new namespace within the .uk Top Level Domain.

At the same time, we are keen to know your views and will take account of these where possible, in particular your comments are sought on the proposed procedure and a number of specific questions in the request for comments.  We will be sharing a summary of the feedback that we receive as a result of this Request for Comments with the OFT.