From: Erhan Karabardak 
Sent: Monday, 15 October 2012 5:16 PM 
To: paul.szyndler@auda.org.au 
Subject: Submissions

Dear Paul

I would like to make the following submission in response to the Industry Advisory Panel 
September Discussion Paper on behalf of Cooper Mills Lawyers.

Our response is focused on Recommendation 1A:

Recommendation 1A

The Panel recommends that:  
a) the competitive registry model should be retained 
b) auDA should initiate renegotiations with AusRegistry to extend contractual  
arrangements for 2, 3 or 4 years 
c) if renegotiations with AusRegistry fail, auDA should proceed to conduct a formal  
RFT process; and 
d) the auDA Board should publicly commit to undertaking a formal RFT process once  
the renegotiated registry agreement expires.

Following consultations with Registrars, Resellers and internet users we found that there was 
unanimous praise for the performance of Ausregistry in the provision of .au registry services. 
There was strong support for retaining Ausregistry as the incumbent registry provider.

In response to specific recommendations in paragraphs (a) to (d) our position is:

(a) We support the retention of the competitive registry model;

(b) We believe that auDA should initiate a renegotiation for a further 4 year period. This year 
saw the opening of the new GTLD application phase, this process has seen a large number of 
new GTLD applications which will require the services of registry operators, as a consequence 
there has been an emergence of more competition in the registry provider market. The 
emergence of new registry operators (within Australia) is still in its infancy, and is likely to 
mature over the next 2 to 3 years. We believe that upon commencement of new GTLD 
operations these new players will gain experience, and will develop into experienced operators. 
As a consequence we believe that if auDA renegotiates a 4 year extension, this will give new 
registry operators a sufficient period of time to establish operations in Australia, and provide a 
credible and experienced alternative to Ausregistry by the time of the next RFT takes place. If 
new registry operators were not given an opportunity to commence operations and planning 
for an RFT at the end of the 4 year extension, Ausregistry would have an unfair advantage, 
which would compromise auDA's negotiating power, and would not provide the best outcome 
for the Australian Internet Community.

(c) We agree with the recommendation;

(d) We agree with the recommendation;


Regards, 
 
Erhan Karabardak | Director | Cooper Mills Lawyers