Application Comment Details


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Sameer Asher

GSMA

Dish DBS Corporation

MOBILE

1-2012-89566

Other

GSMA Letter Objecting to DISH DBS

5 June 2015 at 12:03:41 UTC

GSM Association

Floor 2

The Walbrook Building

25 Walbrook

London EC4N 8AF

+44 (0) 20 7356 0600

Web: www.gsma.com

5 June 2015

Application of DISH DBS Corporation for gTLD .MOBILE

On behalf of the GSMA, I write to express our agreement with CTIA – The Wireless Association® that the application of Dish DBS Corporation (“Dish”) for the gTLD string .MOBILE as amended is inadequate to prevent Dish from leveraging its market power as a Registry to favor itself and its affiliates and harm the remainder of the Mobile Wireless Community. As a major global trade association for mobile operators, the GSMA previously submitted a letter to ICANN in support of CTIA’s Objection to Dish’s original application, explaining therein that granting exclusive rights in a generic TLD such as .MOBILE would greatly harm competition in the mobile services market place and expose mobile subscribers to a strong likelihood of confusion and deception in their choice of mobile services providers. As a result, consumers, our members, and other members of the Mobile Wireless Community will be severely harmed. As CTIA demonstrates in its recently filed comments, these concerns have not be alleviated by Dish’s amendment provided to ICANN and posted on May 5, 2015.

The GSMA represents the interests of mobile operators worldwide. Spanning more than 220 countries, the GSMA unites nearly 800 of the world’s mobile operators with more than 230 companies in the broader mobile ecosystem, including handset makers, software companies, equipment providers and Internet companies, as well as organizations in industry sectors such as financial services, healthcare, media, transport and utilities. We agree with CTIA that domain names under a new gTLD as closely identified with our Community as is .MOBILE should not be preferentially available to a single market participant. The GSMA therefore endorses CTIA’s showing that Dish must come forward with a strong Public Interest Commitment (“PIC”) containing an unqualified non-discrimination standard and addressing identified areas of likely abuse with the development and implementation of open and transparent mechanisms to permit monitoring of Dish’s operation of .MOBILE and enforcement of its commitments.

Further, the Mobile Wireless Community should be permitted to participate on an equivalent basis with Dish and ICANN staff in all additional proceedings in connection with the Dish amendment and PICs. Such participation together with a ban on all ex parte contacts is indispensable to providing affected parties and communities with due process and a fair and open opportunity to make their concerns known.

Respectfully submitted,

Sameer Asher

Head of Corporate Legal