Posted: Fri, 05 Sep 2008
Today ARIN is happy to announce Version 2.0 of the Legacy Registration Services Agreement ("LRSA"). In October 2007, ARIN announced the availability of the LRSA, designed to be a "light" contract that would provide Legacy address holders clear authority to demonstrate their right to use number resources provided to them prior to ARIN's existence. From February 2008 through April 2008, ARIN sent letters to Class A and B holders of Legacy space, inviting attention to the LRSA. To date, over 300 entities have either signed LRSAs or have submitted applications that are working through the normal administrative process. ARIN expects the pace and number of signed LSRAs to increase repeatedly as we send letters to Class C holders and others who currently hold Legacy space, and as experience grows with the LRSA.
Version 2.0 contains a series of changes designed to address community input and the operational experience obtained from the first few months of working with the LRSA. Below you will see an extended description of each change. The first three revisions listed below represent major changes to the LRSA, and the rest are minor but consistent changes. In summary, ARIN has modified the LRSA to ensure that Legacy holders have confidence that the likelihood of any series of events occurring, which could lead to the revocation of Legacy number resources, is extraordinarily limited and remote.
Modifications to the LRSA as reflected in Version 2.0 include the following:
- In Paragraph 14(a), concerning Term and Termination, we have removed ARIN's right to terminate the LRSA for convenience; however, the Legacy address holder still has the privilege to terminate the LRSA for convenience after providing written notice. This specific revision addresses many concerns expressed by Legacy address holders, who felt that Paragraph 14(a) provided ARIN with the right to terminate, unfairly, for convenience and, in doing so, to revoke the Included Number Resources, as provided in Paragraph 14(e).
- Paragraph 6(b) now includes another option to address nonpayment, providing ARIN the option to stop the provision of services in lieu of revocation and/or termination of the Legacy Agreement. The addition of this flexibility is in favor of the Legacy address holders, and it provides ARIN with an option short of revocation of the Included Number Resources to address nonpayment while retaining the revocation option. Because either of these options has implications to the Internet community, the appropriate response in such situations may change over time based on community feedback and direction. ARIN has reserved both courses of action as a necessary precaution.
- For the same reasoning as described with regard to Paragraph 6(b) above, Paragraph 15(k) now provides that ARIN's termination under this provision (force majeure) cannot result in a revocation of the Included Number Resources. Instead, the paragraph now provides that if, pursuant to the force majeure paragraph, ARIN terminates the Legacy RSA, then the Included Number Resources will resume the status they had prior to the executed LRSA. The outcome is the same as the one in Paragraph 14(c) concerning the Legacy Applicant's successful termination for cause. Paragraph 14(e) reflects this revision.
- ARIN revised references to its "sole and exclusive" discretion so that these references now read "sole, exclusive, and reasonable discretion." Examples can be found in paragraphs 3 and 4(b). This revision serves as a limitation on ARIN's discretion while advocating the Legacy address holder.
- In Paragraph 4(d), the revisions clarify the nature of relevant legal violations as well as further noting the necessity of a definitive or final ruling of violation. Additionally, unnecessary language was removed.
- Paragraph 5(c) now includes "and/or employees with Authority." This was a conforming change, making the paragraph consistent with Paragraph 5(a).
- Paragraph 12 includes clarifications regarding bankruptcy. In Paragraph 12, a new specific reference to Paragraph 9 highlights ARIN's key concern should the Legacy address holder file bankruptcy. Unnecessary language was also removed.
- Paragraph 15(a) includes several revisions. First, the different assignment clauses were broken out into separate paragraphs for clarity. What is now 15(a)(ii) has been revised so that it reads in conjunction with Paragraph 14 concerning bankruptcy with regards to executory contracts. What is now 15(a)(iii) was modified so that it reads as follows: "[t]he event of any transaction (whether a merger, acquisition, or sale) in which Legacy Applicant's controlling managerial and/or voting interest changes during the term of this Legacy Agreement shall be considered an assignment, so long as the Legacy Applicant provides ARIN with written notification within thirty (30) days of such assignment." Prior to this revision, such assignments required ARIN's written affirmative consent. This revision addresses the needs of corporations and other large applicant entities that require this type of flexibility and assurance.
To view the LRSA Version 2.0 or the FAQ, please see:
Organizations that have signed the LRSA have the option to retain their existing version or sign Version 2.0 superseding their prior version.
Anyone needing information about Legacy space in general or the LRSA can call the Registration Services Help Desk at +1-703-227-0660 or send an email to firstname.lastname@example.org.