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Hi,<br>
<br>
<div class="moz-cite-prefix">On 25-Apr-15 10:52, David Post wrote:<br>
<br>
<blockquote type="cite">But this arrangement worries me, because
in the ordinary sense, a
wholly-owned subsidiary is most definitely <i>not </i>independent
of its
parent - in fact, the very opposite is usually true - and I'm
just not
aware of a lot of models where something like this actually
works to
counter that inherent dependence. Maybe there are such things
out
there and I'm just not aware of them, and maybe the right
combination of
ICANN and PTI by-law provisions, and contract language, and
procedures
for selecting the PTI Board can be devised to give the PTI Board
real
independence, and I just haven't seen them yet. <br>
</blockquote>
<br>
While the parent non-for-profit of the affiliate (the legal
structure for 'subsidiaries' in CA, I am told) retains a degree of
control, especially for budget and the like, a large degree of
independence can be guaranteed in the foundational documents of
the Affiliate (again speaking as a non lawyer, based on what I
understand we have been told).<br>
<br>
While the Contract Co, model would have given greater certainty of
an RFP, that was not an acceptable solution to much of the
community. This hybrid method affords the community the abilty
to call for an RFP, and the legal separation makes it possible to
actually replace the IANA Function Operators (IFO) while leaving
the rest of ICANN, i.e. policy, contracting and compliance,
activities unaffected.<br>
<br>
</div>
<blockquote cite="mid:553ce5e9.8521370a.325e.ffffc88a@mx.google.com"
type="cite">But without
independence from the ICANN Board, the possibility that it would
ever
actually exercise the "<font color="#330033">option of creating a
RFP (request for proposal) and possibly finding a new IANA
function
operator</font>" (even though its parent corporation and sole
Member
(i.e. ICANN) does <i>not </i>want it to do that) strikes me as
pretty
slim, and without the ability to do that its not really
independent at
all. <br>
</blockquote>
<br>
As an earlier reply indicated, the PTI Board focusing on the
responsiblities of the PTI itself. It is the ICANN community
serving on the IANA Function Review (IFR) that recommends the RFP.
And yes, that involves the Board's acquiescence.<br>
<br>
This is one of the reasons that the CWG IANA solution is dependent
on the accountability changes.<br>
<br>
The goal of some of those CCWG Accountability changes is to allow
the ICANN Community a greater say on Board decisions.<br>
<br>
In this case, the review that would produce the recommendation for
the RFP, is one of the AOC-like reviews whose recommendation are
being redefined as 'required' on the Board. While this requirement
will not be absolute, it is then subject to the other mechanisms
being currently worked on in the CCWG-Accountabity, including non
confidence mechanisms for removing the entire Board (which are still
tbd in the CCWG but under active discussion).<br>
<br>
Depending on how the structure of the CCWG Accountability works
out, i.e whether the SOAC based member model is recommended and
accepted, it <u>may </u>also be possible to subject a decision of
the Board against an AOC-like review recommendation to a overriding
vote by the SOAC based members. I am not sure of this, and will
write a note to the CCWG Accountability right after this to check
and see if that is possible. If we have that capability, then there
is a goood chance that an RFP decsions would be honoroed as long as
the community really wanted. Certainly it would be a difficult time
in any case.<br>
<br>
avri<br>
<br /><br />
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