Dear Assistant Secretary Rohde:

We are writing with respect to the process utilized by the Internet corporation for Assigned Names and Numbers (ICANN) for adding new top level domains (TLDs). We write to you as the Administrator of the National Telecommunications and Information Administration (NTIA), "the President's principal adviser on telecommunications policies pertaining to the Nation's economic and technological advancement" (47 U.S.C. Sec 902(b)(2)(D)), to underscore our concern with the current process for issuing new TLDs and the effect imminent ICANN decisions may have on competition and diversity in the marketplace.

As you are aware, ICANN is poised to make a decision soon to issue additional Top Level Domains (TLDs). As you are also aware, Network Solutions, Inc. (NSI) already enjoys an overwhelming dominance in the domain name market and effectively controls the three top level domain names, (i.e., .com, .org, .net).

Any ICANN decision that simply reinforces the hegemony of existing domain name participants fails to foster sufficient competition and diversity. In addition, such a decision would appear to be at odds with the fundamental rationale for which the Commerce Department granted ICANN authority over these matters, namely, that ICANN would move the Internet domain name system away from its monopolistic antecedents and would effectively implement the goal of ensuring competition in the domain name marketplace.

As a matter of Congressional policy, NTIA shall seek to promote "the benefits of technological development in the United states for all users of telecommunications and information facilities" (47 U.S.C. Sec. 901(c)(1)). Given that charge, we hope you concur with our desire to see the Internet policy of the United States further the democratization of access to the tools of Internet commerce and conversation. Decision made in the next few weeks may put these important policy objectives at risk.

As you know, concern has been raised in many quarters of the Internet community about the lack of accountability and transparency in the ICANN process. As we understand it, newly elected members of the ICANN Board -- the only elected Board members -- are not participating in this important decision on new TLDs. In addition, ICANN's own independent expert analysis of the potential new TLDs was not made available for timely public review and comment. Such a closed process leads to public frustration, speculation about motives, and allegations that ICANN's decisions are arbitrary or will stifle any serious competition to NSI.

For instance, it has been reported that ICANN is considering awarding the potentially highly competitive ".web" registry to a newly formed consortium, which includes NSI as a member. ICANN is apparently considering this action in spite of the fact that another entrepreneurial company has been successfully operating the .web registry for nearly five years and has applied for the .web name.

In light of these concerns, we urge you to seek to delay implementation of the recommendations the Department of Commerce receives from ICANN on additional TLDs until the Department and the public have adequate opportunity to thoroughly review the ICANN process. It is imperative that all decisions in this area are made properly, achieve articulated policy objectives, and are based upon sound criteria.

We look forward to hearing your views on this matter and thank you in advance for your time and attention in reviewing this important issue. If you have any questions bout this letter please feel free to call us or have your staff contact Colin Crowell in Mr. Markey's office or Randolph Harrison in Mrs. Capps' office.

Sincerely,

Edward J. Markey				Lois Capps
Member of Congress				Member of Congress



cc:  Norman Y. Mineta, Secretary of Congress