I am sure we are talking about the same thing David.

The authority to establish the rules in which resources are allocated and revoked is a prerogative from this forum (which includes members and non-members), as in any other RIR. The PDP guarantees the Board the ultimate authority to adopt a new policies in order to make sure it is in line with all legal and operational aspects of the RIR system. The authority to establish fee structure, operational procedures, etc is a prerogative from the Board and Staff.

Fernando

On 16/01/2021 22:15, David Farmer wrote:
No it doesn’t, that authority comes from the membership, not this policy forum. Yes, there is significant overlap between the two, but they are distinct groups.

On Sat, Jan 16, 2021 at 18:23 Fernando Frediani <fhfredi...@gmail.com <mailto:fhfredi...@gmail.com>> wrote:

    Hi David

    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).
    4.2.1.2 makes it very clear and doesn't go into any operational
    details and this proposal is willing to remove it.

    Fernando

    On 16/01/2021 20:42, David Farmer wrote:
    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.

    Thanks

    On Sat, Jan 16, 2021 at 5:29 PM Fernando Frediani
    <fhfredi...@gmail.com <mailto:fhfredi...@gmail.com>> wrote:

        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 !

        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.
        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.

        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.
        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 ?

        Fernando

        On 16/01/2021 19:30, John Curran wrote:
        On 16 Jan 2021, at 3:39 PM, Fernando Frediani
        <fhfredi...@gmail.com <mailto:fhfredi...@gmail.com>> wrote:

        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.

        Fernando -

        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.

        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.

        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.

        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.

        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.

        Thanks,
        /John

        John Curran
        President and CEO
        American Registry for Internet Numbers



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