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[rpd] Report on the Policy Proposal “AFPUB-2016-V4-001-DRAFT07" (IPv4 Soft Landing BIS).

Andrew Alston Andrew.Alston at liquidtelecom.com
Wed Dec 27 16:06:06 UTC 2017


Please consider this my engagement pre-appeal – should the appeal occur and should we not choose alternative means of dealing with this situation.

PDP Chairs – I believe you have erred in this decision – and I wish to know – is there a possibility of it getting reversed without an appeal.

This policy was opposed on this list outside of the petition by:

Mike Silber
Andrew Alston
Saul Stein
Owen Delong
Mark Elkins
Lu Heng
Mike Burns
Kris Seeburn
Nishal Godburdhan

With regards to the petition – the argument that becomes someone lobbied – it invalidates the petition – is bizarre – by implication you are stating that the industry is under the thumb of a single individual and has no mind of its own – that is an insult to the companies and individuals who signed that petition – who signed it in their own rights with their own mindset.

The fact is – this policy has been opposed – strongly – and the following issues have never been addressed by the authors 

a.) The fact that there were multiple requests – including from the chair of the board in Mauritius – to withdraw this policy – something the authors have not addressed
b.) The fact that entities who had already built infrastructure could not access sufficient space to utilize that infrastructure – vs those who had not yet built infrastructure who wanted the space locked up for future use
c.) The fact that this policy is damaging to the end user and we act to increase penetration on the continent today rather than just protecting the interests of the ISPs
d.) The fact that this policy may well put afrinic in violation of section 3.4.1 of the bylaws

The rules do not state that the PDP chairs can check with staff to see if a complaint from the floor is valid or not – it puts the owness on the authors to address and respond to each and every issue raised.  This was not done – and in the report – the chairs clearly stated that THEY approached staff to see if a complaint was valid – that is not in the chairs mandate in any way shape or form.  Had the authors responded to each query and countered it – there would be a case (potentially) to argue that objections had been addressed – that was not done.

Therefore – I am now asking the PDP co-chairs – directly – will they withdraw this decision – or will they proceed – and because of the time lines imposed on the appeal process – I will deem a lack of answer within 48 hours as a confirmation that the PDP chairs believe that their decision is still valid – and at which point a decision will be taken on the next steps.

Please note – the next steps may or may not include an appeal – and are in no way limited to the appeal option.  All rights – inclusive, but not limited to the right to appeal, to litigation, to the invocation of an SGMM are hereby reserved.

Andrew


On 26/12/2017, 13:40, "Sami Salih" <sami at ntc.gov.sd> wrote:

    
    Dear AFRINIC Board,
    
    Please find the attached report on the Policy Proposal Report on the Policy Proposal “AFPUB-2016-V4-001-DRAFT07"(IPv4 Soft Landing BIS).
    
    Regards,
    
    Sami Salih, Dewole Ajao
    PDWG Co-Chairs
    
    
    
    
    
    
    Dr. Sami Salih  | Assistant Professor
    Sudan University of Science and Technology
    Eastern Dum, P.O Box 11111-407
    email: sami.salih at sustech.edu
    Mob: +249122045707 
    
    



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