.RADIO - A Look at the Four Contenders for Control of the TLD

As ICANN processes applications for new top level domains, four applicants are in the running for the .RADIO TLD.

We recently reported that the Internet Corporation for Assigned Names and Numbers (ICANN) received 1,930 applications for new top level domains (TLDs) – including dozens of applications for broadcast- and media-related applications including .MEDIA, .MUSIC and .VIDEO.

But the four applicants for .RADIO caught our eye. They seek to offer services to radio broadcasters around the world, and may well change the way radio broadcasters operate, both on the Internet and offline. Their applications merited a closer look.  

Before diving in, we need to define a number of terms that are central to the TLD system.

First, “Registry”. In ICANN parlance, a registry is an entity which, under contract to ICANN, provides the authoritative master database of a single TLD and manages all “second-level” domain names registered within that TLD. Example: “.COM” is a TLD, and “FHHLAW.COM” is a second-level domain name registered with the “.COM” TLD.  Verisign is the Registry for .COM. Registries may not generally sell directly to the public. Each of the four .RADIO applicants is seeking to be the registry of .RADIO.

Next, “Registrar”. A registrar is an entity accredited by ICANN and under contract to a Registry.  The registrar adds, deletes, updates and transfers second-level domain names. Registrars are the “salesmen” of domain names. GoDaddy is the largest registrar in the world.

When it comes to new TLD applications, there are two types:

A “community-based designation” application, in which the applicant promises to operate its proposed new TLD for the benefit of a “clearly designated community”; and

 A standard application. Successful “standard” applicants may use the new TLD in any manner consistent with general requirements and criteria, but are not otherwise constrained in the way that successful “community-based designation” registries will be.

The four applicants seeking to be registries of .RADIO are BRS Media (BRS), Affilias Limited (Afilias) and Tin Dale, LLC (Tin Dale) – each of which submitted “standard” applications –  and Eurovision Broadcasting Union (EBU) – which seeks special status as a “community-based designation.”  Let’s take a look at each.

BRS, a “media e-commerce company”, based in San Francisco,  is owned and operated by George Bundy. In 1998, when the Internet was young, Bundy and BRS embarked on an innovative plan to affiliate with two country codes, the Federated States of Micronesia (assigned .FM as its country code) and Armenia (assigned .AM). With permission of those countries, BRS began offering .AM and .FM domain names and email addresses to broadcasters. Now BRS wants to add .RADIO to its portfolio. Inc. magazine website lists BRS as one of the “5,000 fastest-growing private companies” in the U.S.

Afilias is a well-known TLD operator and service provider in the Internet Community. Incorporated in Dublin, it runs a large office in Philadelphia and has operations in Toronto and New Delhi. Afilias is the registry of the .INFO and .MOBI top level domains. It also provides “back-end services” to enable the technical operations of other TLDs (.ORG, .ASIA, .AERO (for airline and aviation)) and some country codes (e.g., .MN (Mongolia), .AG (Antigua and Barbuda) and .BZ (Belize)). Directly or through affiliates, Afilias has applied for 31 new top level domains, including .BLOG, .WEB and .POKER, along with .RADIO.

Tin Dale is an affiliate of Donuts, Inc., and named for one of the company’s founders, Richard Tindal. Donuts, a 2010 Delaware corporation, lists its offices as Bellevue, Washington, and was founded by leaders of the Registrar community (entities, such as eNom, which sell domain names). Donuts raised $100 million in venture capital and applied for a whopping 307 TLDs, including .SHOP, .COMPUTER AND .FILM, in addition to .RADIO.

European Broadcasting Union (EBU) describes itself as a “well-known professional association of national broadcasters that negotiates and advocates for interests of public broadcasters in Europe.” Created in 1950 and based in Switzerland, it is chartered as a not-for-profit association and an international non-governmental organization. It is also one of 700+ “sector members” of the International Telecommunications Union, which advise the ITU on technical standards.

In its application, each applicant is required to describe the mission and purpose of the proposed TLD as envisioned by the applicant.  On that point the various applicants’ respective proposed uses of .RADIO have a similar ring:

BRS would “provide all those interested, worldwide, in disseminating or seeking information, whether non-commercial or commercial, issues, news, culture, lifestyle, entertainment, sports or any other topic with a convenient & recognizable domain name that associate them and/or their information with On Air & Online (net) Radio.”

 Afilias proposes “an Internet space which will become the easily recognizable gathering place for existing and planned radio stations and podcasters to create trusted and easily accessible online content, and ease of access for people searching for specific topics or radio formats.”

According to Tin Dale, the .RADIO TLD would be “attractive and useful to end-users as it better facilitates search, self-expression, information sharing and the provision of legitimate goods and services. . . . This TLD is a generic term and its second level names will be attractive to a variety of Internet users.”

EBU would operate .RADIO “on behalf of the global Radio community, in order to provide it with a trusted and secure name space to facilitate its transformation into the next generation radio industry.”

Despite any similarities, though, the offering of the domain names – a process ICANN calls the “roll-out” –  would be quite different, depending on which of the four applicants prevails. Afilias, Tin Dale, and BRS all propose “open registrations” which would allow any company, organization or individual to register its second-level domains within .RADIO, for a fee. The EBU application, by contrast, promises a much more restrictive registration policy. Its initial registration period would be limited to existing broadcasters, trademark owners and others already engaged in “radio”-related activities. Specifically, EBU will consider the “radio community” to be:

1. Broadcasters’ Unions

2. Licensed Radio Broadcasters

             2.1 International Broadcasters

             2.2 National Broadcasters

             2.3 Regional Broadcasters

             2.4 Local Broadcasters

             2.5 Community Broadcasters

3. Trademarks

3.1 Trademarks used for radio related activities for example companies providing specific services, equipment, radio programmes, etc.

3.2 Defensive registrations by non-eligible applicants

4. Internet radio

5. Licensed amateur radios and clubs

6. Radio professionals

7. Above categories for expanded name selection when not protected by trademarks.

Who will ICANN award the .RADIO TLD to?  

In most TLD contests, ICANN’s policies provide for an auction. However, the .RADIO situation is different. As noted, EBU opted for a “community-based designation” to represent and serve the worldwide community of radio broadcasters. This choice exposes EBU’s application to close scrutiny by ICANN’s special evaluation panel, but offers potentially high rewards. If EBU’s application survives that scrutiny, its community application will take priority over other competing applications. No auction – .RADIO will be awarded to EBU.

But while EBU will allow US broadcasters to register in the .RADIO top level domain, is the EBU -- and the governance it will be bring to .RADIO domain names and policies -- truly serving, and representative of, the worldwide broadcasting community? According to ICANN’s Applicant Guidebook, a community-based applicant must “substantiate its status as representative of the community it names in the application by submission of written endorsements in support of the application”. All of EBU’s members submitted letters of support, as did the Association for International Broadcasting and other international groups. But interestingly, the National Association of Broadcasters did not send a letter of endorsement and is not listed as supporting the application.

This absence raises questions. Is EBU the best representative of the U.S. broadcasting community? Will EBU serve U.S. and world broadcasters fairly and equally? These are key questions for U.S. broadcasters to be asking as soon as possible – and sharing their answers promptly with ICANN.

New Broadcast-Related Top Level Domains Proposed to ICANN

Coming Internet addresses will end in familiar media terms and trademarks, if ICANN approves.

As our readers know, the Internet space is changing. Earlier this year ICANN (the Internet Corporation for Assigned Names and Numbers) accepted applications for “new generic top level domains” or “new gTLDs.” We reported last June that ICANN had received 1,930 applications, and we promised back then to share with you the new gTLDs applied for by broadcasters and for broadcast-related services.  The full list of new gTLDs (and their applicants) is available on the ICANN website. Applicants include a number of well-known entities, both in the U.S. and overseas:

American Broadcasting Corporation, Inc., applying for .ABC

British Broadcasting Corporation, applying for .BBC

BRS MEDIA, Inc. applying for .RADIO

The Christian Broadcasting Network, Inc., applying for .CBN

Comcast IP Holdings, LLC, applying for .COMCAST

Dish DBS Corporation, applying for .BLOCKBUSTER, .DATA, .DIRECT, .DISH, .DOT, .DTV, .LATINO, .LOCKER, .MOBILE, .MOVIE, .OLLO, .OTT and even .PHONE

European Broadcasting Union, applying for .EUROVISION and .RADIO

Frontier Communications Corporation, applying for .FRONTIER and .FTR

Lifestyle Domain Holdings, Inc., and its application for .FOODNETWORK

HBO Registry Services, Inc., applying for .HBO

Lifestyle Domain Holdings, Inc., applying for .HGTV

Dish DBS Corporation applying for .LATINO

Japan Broadcasting Corporation applying for .NHK

Limited Telefonica applying for .TELEFONICA

QVC Inc. applying for .QVC

Qatar Telecom (QTel) applied for .Qatar in two variations of Arabic, taking advantage of recent Internet changes that allow top level domains to be in a range of languages and scripts.

In addition, companies both broadcasting and non-broadcasting, applied for a range of general terms often associated with broadcasting. For example:

gTLD’s
Applied For                  Applicants

.AUDIO                              Holly Castle
                                              Uniregistry

.MEDIA                              Grand Glen
                                              Tucows TLDs
                                              Uniregistry

.MUSIC                              Entertainment Names
                                              Charleston Road Registry (Google)
                                              Victor Cross
                                              Amazon EU
                                              dot Music Limited
                                              DotMusic/CGR E-Commerce Ltd
                                              DotMusic Inc.
                                              .music LLC

.NEWS                                Hidden Bloom
                                              Amazon EU
                                              dot News Limited
                                              DotNews Inc.
                                              PRIMER NIVEL
                                              Merchant Law Group
                                              Uniregistry

.RADIO                              Tin Dale, LLC
                                              European Broadcasting Union
                                              BRS MEDIA
                                              Afilias Limited

.VIDEO                               Lone Tigers
                                              Amazon EU
                                              Top Level Domain Holdings Limited
                                              Uniregistry.

ICANN has numerous Evaluation Panels reviewing applications now. The review process is complex. It includes a wide range of technical and other factors, such as whether an applicant can handle the technical and financial requirements of running an Internet registry.  (An Internet registry is the database for a gTLD, a critical part of the Internet infrastructure.) How complex is the review process?  Very. By way of illustration, the following is a page from ICANN’s 338-page gTLD Applicant Guidebook:

Applicants who survive that initial review process may also face objections filed by governments and third parties. Such objections can be based (among other grounds) on the assertion of “legal rights” claimed by companies holding trademark interests in certain terms.  One proposed gTLD to watch on that score is “.BET”. Four companies have applied for .BET to run registries serving the gambling industry. Whether Black Entertainment Television will file a “legal rights objection” is anyone’s guess.

In future posts we’ll be taking a closer look at some of the applications (and applicants) for the more general gTLDs (like .RADIO). Check back here for more information.

ICANN Publishes List of Requested New Top Level Domain Names

The 1,930 “strings” include brand names, famous place names, and generic words.

ICANN (Internet Corporation for Assigned Names and Numbers) has published the list of 1,930 “strings” people around the world have requested for new top level domain names. On “Reveal Day,” June 13, the Internet Community paused for a moment from its busy activities to stop and look at the nearly 2,000 new words and letters submitted by companies and organizations as possible additions to the Internet’s global nomenclature. None have yet been accepted, but the formal process of evaluation and objection has begun.

At 8:15 a.m. ET, ICANN sponsored a press and public event in London with its CEO Rod Beckstrom and Senior VP Kurt Pritz, featuring a big-screen scroll through the requested names, followed by questions from the press. The list has brand names, including .DELOITTE and .NOKIA, famous place names, including .ISTANBUL, .PARIS, .OSAKA and .LONDON, and generic words, including .RUGBY, .VIP and .KETCHUP.

I’ve been intimately involved in helping to negotiate the rules of new generic top level domain names for four years. What I will remember most about this event is the non-English new gTLDs that jumped off the screen, written in Chinese, Arabic, Japanese, and Cyrillic.  These foreign script new gTLDs represent a range of companies, geographic regions, and generic uses – such as BAZAAR.  Although they are only 116 of the 1,930 new applications, they represent a huge step forward, because they open the previously English-oriented Internet domain name system to a range of languages and to a majority of the world -- a key reason many of us worked so hard on this process.

The formal objections – based on legal rights, public interest, and possible confusion – will soon fly.  Some will involve fights among those who spent money in applying for the same new gTLDs, including seven applicants for .WEB, five for .FREE, and four for .RADIO. 

But before that happens, it’s good to take a moment to pause and celebrate. ICANN issued an invitation to the world to apply for new gTLDs. They were expensive, and the application process was difficult. Frankly, we weren’t sure who would show up. But the world responded. Just as many of us suspected, there is a global need for growth and innovation in domain names.

To celebrate Reveal Day, I’ll share some of the strangest new gTLDs that I found. The rest are posted on the ICANN website:

.FOO      .BOO     .GOO

.VIVA    .BABY    .LOVE

.PLAY     .POKER .FISH

.AND     .ARE       .OOO

.PARTY .FUN      .ONE

ICANN Slams Door on Applications for New Internet Top-Level Domains

List of applicants to be disclosed on June 13.

The universe of Internet addresses will soon be expanding. On June 13, the Internet Corporation for Assigned Names and Numbers (ICANN), the organization formed in the late 1990s to oversee the global domain name system, will unveil the 2000+ applications for a host of new “Generic Top Level Domains” (gTLDs). Once in place, these will change how all of us use the Internet.

First things first. A top level domain (TLD) is the term that appears “to the right of the dot” in Internet addresses. It comes in two flavors: a “country-code” top level domain, or ccTLD (e.g., “.US”, “.FR”, “.UK”) and a “generic” top level domain (or gTLD), including most of the ones we use every day, such as “.COM”, “.ORG”, and “.GOV”.

Since ICANN took over domain name management in 1999, it has added a few gTLDs, but there are only 21 now available for the world to use. Each gTLD is entrusted to a Registry which is responsible for the TLD’s technical management, including proper operation of the registry zone servers and dissemination of the TLD zone files. Registries play a role key in the technical management of Internet infrastructure and in stability and security of the Net.

Registries do not sell domain names to the public. That task is reserved for “Registrars,” who handle the retail side of the domain name operation. They register “second level domain names” to the left of the dot, e.g., “fhhlaw” in fhhlaw.com. GTLD Registrars, like gTLD Registries, are under contract to ICANN, which encourages competition among them. GoDaddy, famous for its Super Bowl commercials, is the largest of these.

ICANN is now introducing competition to the top level as well.

Since January, ICANN has accepted applications from companies and organizations that want to be new gTLDs Registries. The new gTLDs can be not only in English, the traditional language of the Net, but for the first time also in Chinese, Cyrillic, and other language scripts. It’s an exciting event for the non-English-speaking world.

Over 2,000 applications have been filed by more than 1,200 applicants. On May 30, ICANN’s TLD Application System (TAS) slams shut and the first round of applications closes. On June 13, ICANN will reveal to the world who applied and what gTLDs they asked for. But the new gTLDs won’t go on the Net quite yet.

First, let the objections fly! ICANN, under the terms of its “New gTLD Applicant Guidebook,” will accept objections from legal rights holders, such as trademark owners. Check back here for updated information as the time for objections approaches.

In the meantime, the expanding ICANN world waits with bated breath. Although we don’t know all the new gTLDs requested, some hopeful registries have announced their plans. They include “brand” gTLDs, such as .DELOITTE, “geographic” gTLDs such as .NYC and .PARIS, and “interest/advocacy” gTLDs such as .GREEN and .ECO.  We’ll share some of the others as they become known.

[Blogmeister’s Note: Kathy Kleiman helped to write, edit, argue, and re-edit numerous sections of ICANN’s “New gTLD Applicant Guidebook.” She knows the content and rules well. When ICANN opens the applications to objections, Kathy will lead a team here at Fletcher Heald to slice and dice the list in search of the bad (e.g., possible conflicts with client-owned trademarks), and the good (e.g., possible business and other opportunities based on client interests and locations). But time will be short. If you want our help with either problems or opportunities in the new gTLD list, it’s best to let us know soon.]