Hello Chris,

> 
> 
> Bruce,
> As was pointed out to you, Adrian and Theo by representatives 
> of NOIE at the
> meeting we held at the end of August, comparisons between 
> auDA and ACIF are
> inappropriate and misleading.
> 

I disagree with that statement.  I think there is much to be gained from
reviewing other regulatory arrangements - ACIF and ICANN are two that are
relatively close (BUT different) to auDA.  There are aspects of auDA (for
example the operation of the names and competition panels) that are better
than the equivalent in either ACIF and ICANN.  There are also aspects of
these organisations that improve on auDA.

ACIF's charter is similar to auDA: ie for ACIF: -

* actively promote a co-operative environment that enables national and
international issues including Standards, Codes of Practice and Operational
Guidelines required under a self-regulatory multi-service deliverer, multi
network regime to be addressed in a timely manner

* establish and maintain flexible and open Reference Panels, Working
Committees and an Advisory Assembly to address technical, consumer and
operational issues affecting Australia?s communications industry and the
development of innovative and cost effective communications services;

* develop and approve technical standards and codes of practice for the
communications industry;

* undertake operational activities as required to provide industry wide
competitively neutral services;

* be an information resource to its members and participants, the federal
and state governments and agencies, local governments and other interested
parties;

* maintain effective interfaces with the federal government, the TAF, the
ACCC, the ACA and the TIO;

* promote industry progress and harmony with minimal regulatory or
legislative intervention;
promote industry progress and provide information resources by establishing
links with New Zealand consistent with the closer economic relations
agreement between Australia and New Zealand; and

* optimise the community benefit of a competitive communications industry,
including prompt response to issues of concern

> ACIF is an industry owned, resourced and operated company. auDA is a
> not-for-profit organisation that (at present) sources its 
> funding from the
> industry by agreement.
> 
> ACIF is not the "self-regulator of the telecomms industry", it is an
> industry self-regulatory body that facilitates the 
> development of industry
> standards and codes. 

Or more completely (from http://www.acif.org.au):

"ACIF is an industry owned, resourced and operated company established by
the telecommunications industry in 1997 to implement and manage
communication self-regulation within Australia.

ACIF's role is to develop and administer technical and operating
arrangements that promote both the long term interests of end-users and the
efficiency and international competitiveness of the Australian
communications industry. This primarily involves
developing Standards and Codes to support competition and protect consumers;
driving widespread compliance; and facilitating/coordinating the cooperative
resolution of strategic and operational industry issues
"


> The Australian Communications Authority (ACA) (a
> statutory agency) is responsible for regulating the telecommunications
> industry, including consumer protection responsibilities. It 
> is therefore
> more correct to describe the telecommunications industry as a 
> co-regulatory
> model (shared between government and industry).

Agreed.

> 
> In contrast, the domain name industry is a purely 
> self-regulatory model.
> (While the ACA has reserve legislative powers, it plays no 
> active role in
> regulating the industry.) In effect, auDA's role combines 
> that of both ACIF
> and the ACA.

Agreed.  Although note from the ".au" agreement with ICANN section 1.10:

1.10 auDA and ICANN desire for the Government of Australia to assume
responsibility for overseeing the interest of Australia and its Internet
community in the .au top-level domain, with ICANN continuing its role of
preserving the technical stability and operation of the DNS and Internet in
the interest of the global Internet community. To implement an allocation of
the respective responsibilities of the Government of Australia and ICANN
with respect to the .au top-level domain on that basis, auDA and ICANN now
enter into this Agreement to formally reflect their commitments to one
another.

There is still a balance between self regulation and government regulation.

Regards,
Bruce Tonkin

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