Something we missed?
Here are the answers to some questions we’re frequently asked. If you’re wondering about something we didn’t cover, or didn’t cover well enough, please don’t hesitate to contact us.
Questions
Q: Who can start a city top level domain?
Q: What do you need to obtain a city top level domain?
Q: What is a letter of non-objection? What is a letter of support?
Q: Who decides if there is more than one application for a city top level domain?
Q: Who runs and controls the top level domain?
Q: Who receives the profits from a city’s domain name sales?
Q: Can a city keep names for its own use (e.g., tourism.city, cityservices.city, police.city)?
Q: What if a city does not turn in an “Expression of Interest” to ICANN by the application due date?
Q: How does a city make money from having a top level domain? Where does that money go?
Q: How does the public benefit from having a city top level domain?
Answers
1. Who can start a city top level domain?
Only companies, organizations, or governments can apply for a top-level domain. Individuals may not apply.
Section 1.2.1 of the 3rd Draft Applicant Guidebook (http://icann.org/en/topics/new-gtlds/draft-rfp-clean-04oct09-en.pdf) also notes that the application may be denied if any director, officer, partner or manager of the applying entity has been:
- in the last 10 years, convicted of a felony or fraud or breach of fiduciary duty
- in the last 10 years, disciplined by any government or industry body for dishonesty of misuse of ot hers’ funds
- is currently involved in any judicial or regulatory proceeding that could result in a conviction or disciplinary action of the type specified in the previous two points
- is currently disqualified by ICANN
- fails to provide ICANN with information sufficient to establish applicant’s identity
In addition, applicants will have provide proof of legal establishment, proof good standing, and audited or certified financial statements.
2. What do you need to obtain a city top level domain?
Any qualified applicant can apply for a city top-level domain, but in addition to the other requirements of the Guidebook, applicants for any geographical terms (including cities) need approval of the relevant governmental authorities, as specified in Section 2.1.1.4 of the Guidebook:
“The documentation of support or non-objection should include a signed letter from the relevant government or public authority…. The letter must clearly express the government’s or public authority’s support for or non-objection to the applicant’s application and demonstrate the government’s or public authority’s understanding of the string being requested and intended use. The letter should also demonstrate the government’s or public authority’s understanding that the string is being sought through the gTLD application process and the applicant is willing to accept the conditions under which the string will be available, i.e., entry into a registry agreement with ICANN requiring compliance with consensus policies and payment of fees.”
3. What is a letter of non-objection? What is a letter of support?
ICANN, the organization that will approve applications and allocate the new .city TLD to the winning applicant for domain registry operations, has published in the Applicant Guidebook some rules that limit who may apply for geographical TLDs.
Applicants seeking a city name TLD must have a letter of support or non-objection from the governing authority. This rule prevents anyone from applying for your .city name without your knowledge and permission, thereby protecting your “rights” to use of that name. The specifics are still open for modification. Following is an abridged version of the current rules in regards to applying for a .city TLD:
“If an applicant has applied for a gTLD string that is a geographical name, the applicant is required to submit a statement of support for or non-objection to its application from the relevant governments or public authorities”
So what is a geographical name? Is your city name subject to these rules? ICANN defines city geographical names as:
- An application for any string that is a representation, in any language, of the capital city name of any country or territory listed in the ISO 3166-1 standard.
- An application for a city name, where the applicant declares that it intends to use the gTLD for purposes associated with the city name.
Still not sure if your city falls under these rules?
“In the event of any doubt, it is in the applicant’s interest to consult with relevant governments and public authorities and enlist their support or non-objection prior to submission of the application, in order to preclude possible objections and pre-address any ambiguities concerning the string and applicable requirements.
In the event that there is more than one relevant government or public authority for the applied-for gTLD string, the applicant must provide documentation of support or non-objection from all the relevant governments or public authorities. It is the applicant’s responsibility to:
- identify whether its applied-for gTLD string falls into any of the above categories; and
- determine the relevant governments or public authorities; and
- identify which level of government support is required. “
So you’ve determined that you must either possess or provide a letter of authority. What does that letter look like?
ICANN provides specific guidelines about the format and content of the letter in the current Draft Applicant Guidebook, under 2.1.1.4.2 Documentation Requirements:
“The documentation of support or non-objection should include a signed letter from the relevant government or public authority. …the letter could be signed by the minister with the portfolio responsible for domain name administration, ICT, foreign affairs or the Office of the Prime Minister or President of the relevant jurisdiction; or a senior representative of the agency or department responsible for domain name administration, ICT, foreign affairs, or the Office of the Prime Minister.…
The letter must clearly express the governments or public authority’s support for or non-objection to the applicant’s application and demonstrate the governments or public authority’s understanding of the string being requested and intended use.
The letter should also demonstrate the governments or public authority’s understanding that the string is being sought through the gTLD application process and the applicant is willing to accept the conditions under which the string will be available, i.e., entry into a registry agreement with ICANN requiring compliance with consensus policies and payment of fees. (See Module 5 for a discussion of the obligations of a gTLD registry operator.) It is important to note that a government or public authority is under no obligation to provide documentation of support or non-objection in response to a request by an applicant.
Here is a sample letter based on ICANN’s guidelines, where the city entity is “The City” and the applicant is “Dot City TLD Ltd.”
(On CITY LETTERHEAD)
Dear ICANN,
The City supports the Dot City TLD Ltd’s application to ICANN for the allocation of the .ctiy TLD from ICANN under a 10 year contract. The City understand the allocation of the .city TLD will result in a domain registry operation, where Dot City TLD LTD sells the .city domain names for profit.
The City understands that the .city TLD string is being sought through the ICANN gTLD application process and the applicant is willing to accept the conditions under which the string will be available. The .city operator will enter into a registry agreement with ICANN requiring compliance with consensus policies and payment of fees and all additional requirements described in the Applicant Guidebook for registry operators. The City understands it is under no obligation to provide documentation of support or non-objection in response to a request by an applicant and The City freely offers this letter of support to Dot City TLD ltd.
Mayor or Chief Information Officer
4. Who decides if there is more than one application for a city top level domain?
In the event that two or more governmental entities apply for the same character string (or non-government applicants with the support or non-objection of the relevant government authorities), Section 2.1.1.4.3 of the Guidebook says:
“If there is more than one application for a string representing a certain geographical name as described in this section, and the applications are considered complete (i.e., have requisite government approvals), the applications will be suspended pending resolution by the applicants.”
As an example, if both San Jose (Costa Rica) and San Jose (California) were to apply for .sanjose, ICANN would process neither application until the two parties came to an agreement.
The Guidebook is at this point unclear what happens if one city objects to the application of another city with the same name, but the presumption is that priority would go to the applying city.
5. Who runs and controls the top level domain?
The applying entity is responsible for paying fees and following ICANN’s policies. As long as it stays within ICANN’s rules, the successful applicant will have free reign to decide policies, fees, and other rules. If a non-city applicant (with the city’s permission) applies, then the city would need to enter into a contract with the applicant specifying any provisions that the city wants the applicant to adhere to.
6. Who receives the profits from a city’s domain name sales?
This is not determined by ICANN. This is decided by the city. If the city is not the applicant, then the revenue share is subject to the agreement reached between the city and the applicant.
7. Can a city keep names for its own use (e.g., tourism.city, cityservices.city, police.city)?
A city may reserve names for municipal use.
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8. What if a city does not turn in an “Expression of Interest” to ICANN by the application due date?
The “Expression of Interest” procedure has not been finalized by ICANN’s Board of Directors. If it is approved in its present form (see http://www.icann.org/en/announcements/announcement-2-18dec09-en.htm), then cities (or applicants with a city’s support of non-objection) must submit an Expression of Interest in order to be able to apply for a top-level domain.
9. How does a city make money from having a top level domain? Where does that money go?
Revenue from its top-level domain will flow to the city from two major sources: First, from the annually recurring revenue generated from the sale of second-level domain names to the public; and second, from the auction of certain valuable names, for instance hotels.city, restaurants.city, flowers.city.
10. How does the public benefit from having a city top level domain?
The city benefits by from funds generated by names sales which can be directed to public services and charities. A city top-level domain presents a great opportunity for businesses and individuals to get good, relevant domain names that are currently in other top-level domains.
The public benefits in the following ways:
- increased revenue to the city benefits its citizens
- newly available domain names are a boon to local businesses
- the city can provide services over the Internet with site names using its TLD, signaling that they are “official”
- the city can establish domain name allocation policies that favor its residents
