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.sky New gTLD Application

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New gTLD Application Submitted to ICANN by: Sky IP International Ltd, a company incorporated in England and Wales, operating via its registered Swiss branch

 

Application Downloaded On: 18 Mar 2014

 

String: sky

 

Application ID: 1-991-90219

 

Applicant Information

 

  1. Full legal name

Sky IP International Ltd, a company incorporated in England and Wales, operating via its registered Swiss branch

 

  1. Address of the principal place of business

Dammstrasse 19 Zug - CH-6301 CH

 

  1. Phone number

+41 41 723 2600

 

  1. Fax number

+41 41 723 2300

 

  1. If applicable, website or URL

http://www.sky.com/

 

Primary Contact

 

6(a). Name

Freida Tallon

 

6(b). Title

Domain and Online Compliance Manager

 

6(c). Address

 

6(d). Phone Number

+44 7713264238

 

6(e). Fax Number

+44 2079007112

 

6(f). Email Address

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Secondary Contact

 

7(a). Name

Michael Christodoulou

 

7(b). Title

Finance and Business Development Director

 

7(c). Address

 

7(d). Phone Number

+41 41 723 2600

 

7(e). Fax Number

+41 41 723 2300

 

7(f). Email Address

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Proof of Legal Establishment

 

8(a). Legal form of the Applicant

Sky IP International Ltd is a company incorporated under the laws of England and Wales, operating from its registered Swiss branch.

 

8(b). State the specific national or other jurisdiction that defines the type of entity identified in 8(a).

England and Wales – “Sky IP International Ltd”, Company number 7245844, VAT number GB440627467     Switzerland – Swiss branch - “Sky IP International Ltd, Isleworth, Zweigniederlassung Zug”, Branch number CH-170.9.001.384-7, VAT number 755014

 

8(c). Attach evidence of the applicant's establishment.

Attachments are not displayed on this form.

 

9(a). If applying company is publicly traded, provide the exchange and symbol.

 

9(b). If the applying entity is a subsidiary, provide the parent company.

BSkyB is the ultimate parent company of Sky IPI International Ltd.  British Sky Broadcasting Ltd (BSkyB Ltd) is the direct parent of Sky IPI International Limited and is a wholly owned subsidiary of BSkyB.

 

9(c). If the applying entity is a joint venture, list all joint venture partners.

 

Applicant Background

 

11(a). Name(s) and position(s) of all directors

Name

Position

Colin Robert Jones Deputy Chief Financial Officer

 

11(b). Name(s) and position(s) of all officers and partners

Name

Position

Christopher Jon Taylor Company Secretary

 

11(c). Name(s) and position(s) of all shareholders holding at least 15% of shares

Name

Position

British Sky Broadcasting Limited Not Applicable)

 

11(d). For an applying entity that does not have directors, officers, partners, or shareholders: Name(s) and position(s) of all individuals having legal or executive responsibility

 

Applied-for gTLD string

 

  1. Provide the applied-for gTLD string. If an IDN, provide the U-label.

sky

 

14A. If applying for an IDN, provide the A-label (beginning with "xn--").

 

 

14B. If an IDN, provide the meaning, or restatement of the string in English, that is, a description of the literal meaning of the string in the opinion of the applicant.

 

 

14C1. If an IDN, provide the language of the label (in English).

 

 

14C2. If an IDN, provide the language of the label (as referenced by ISO-639-1).

 

 

14D1. If an IDN, provide the script of the label (in English).

 

 

14D2. If an IDN, provide the script of the label (as referenced by ISO 15924).

 

 

14E. If an IDN, list all code points contained in the U-label according to Unicode form.

 

 

15A. If an IDN, upload IDN tables for the proposed registry.  An IDN table must include:

the applied-for gTLD string relevant to the tables,

the script or language designator (as defined in BCP 47),

table version number,

effective date (DD Month YYYY), and

contact name, email address, and phone number.

Submission of IDN tables in a standards-based format is encouraged.

 

 

15B. Describe the process used for development of the IDN tables submitted, including consultations and sources used.

 

 

15C. List any variants to the applied-for gTLD string according to the relevant IDN tables.

 

 

  1. Describe the applicant's efforts to ensure that there are no known operational or rendering problems concerning the applied-for gTLD string. If such issues are known, describe steps that will be taken to mitigate these issues in software and other applications.

 

The .sky string and A-Label were developed in line with and checked against the eligibility, stability and policy criteria as stated in the ICANN Applicant Guidebook - version 2012-01-11. The results of those checks are as follows:

- The string has less than 63 characters;

- The string in ASCII is composed of three or more visually distinct characters;

- The ASCII label consists entirely of letters;

- The string is not a reserved name as shown in section 2.2.1.2.1 - Reserved Names of the ICANN Applicant Guidebook - version 2012-01-11; and

- .sky is not identical or similar to any of the top 10 invalid TLD’s responsible for the majority of DNS pollution, as referenced in the Security and Stability Advisory Committee (SSAC)’s report on this topic at http:⁄⁄www.icann.org⁄en⁄committees⁄security⁄sac045.pdf. It is likely that the .sky has not already been queried with meaningful frequency at the root. Therefore, it is unlikely that .sky will inherit significant invalid query traffic.

 

Due to the positive results of these checks, Sky IP International Limited does not believe that the .sky gTLD will be subject to any operational or rendering problems.

 

  1. OPTIONAL.

Provide a representation of the label according to the International Phonetic Alphabet (http://www.langsci.ucl.ac.uk/ipa/).

 

 

18A. Describe the mission/purpose of your proposed gTLD.

 

The mission and purpose of the new .sky gTLD is to benefit internet users by ensuring increased trust and confidence through the assurance of brand authenticity.

 

The .sky gTLD will be a new generation gTLD providing Sky end-users with an authenticated and trusted Sky internet space where information can be found on the Sky brand, its products and services, its affiliates and partners. The .sky gTLD will be controlled by Sky IP International Limited (Sky IPI) for use by potentially all Sky group companies including the parent company BSkyB Group plc and Sky licensees (all of which shall be collectively referred to as “Sky”). It is anticipated that the primary use of the second level .sky domain names will be to promote and communicate the Sky brand and its broadcasting, media, entertainment and telecommunication services and products. There may be potential for various second and third level .sky gTLD domains to be created for use by Sky home and business customers at a later date. There may also be use of geographic names for second level .sky domains for use by Sky licensees in overseas territories and countries. Furthermore, given the global presence of Sky (as described below), Internationalised Domain Names (IDNs) may also be registered and used for second level .sky domain names.

Sky operates, directly or through its licensees, a comprehensive multi-channel, multi-platform television service in the UK, Ireland, Italy, Germany, Brazil and Mexico. It also has a significant global footprint outside of these territories where it broadcasts various services including an Arabic language news service to 19 Middle Eastern countries, and an English language news service to 110 countries throughout Europe, the Asia Pacific region, Australasia, Africa, Latin America and North America. It also operates a number of associated businesses in advertising and marketing, betting and gaming and telecommunications including broadband and telephone services. Sky also has significant sponsorship arrangements including sponsoring the Sky Pro Cycling team, a professional road cycling team. Sky is also involved with well-publicised community initiatives including Sky Ride (an initiative encouraging people to exercise by cycling) and Sky Rainforest Rescue (a campaign to raise awareness and funds to prevent the deforestation of the Amazon rainforest). Customer trust, brand recognition and continuous innovation are paramount considerations in all of the activities of the business.

Sky’s business activities are increasingly conducted on the internet and are constantly changing and evolving especially with the convergence of media technologies in delivering content. The volume of commercial transactions over the internet is constantly growing and .sky will simplify and lower transaction costs benefiting Sky and its customers. Furthermore, .sky aims to promote greater user confidence in the security of transactions and⁄or interactions with Sky. Similarly, the .sky gTLD will assure customers of the authenticity of its online promotion and marketing of media, entertainment, betting and gaming, and telecommunication related products and services.

Sky IPI’s mission and purpose for the proposed .sky gTLD are aligned with ICANN’s initiatives to promote the public interest and its Affirmation of Commitments which include promoting consumer trust, competition and consumer choice.The .sky registry will be operated centrally with a restricted registration policy where only Sky IPI and⁄or its authorised affiliate entities will be able to register domains for use initially by the Sky group companies and existing and future Sky licensees. Furthermore, .sky domain names are subject to registration standards, policies and procedures under Sky IPI’s control, which eliminates the possibility of malicious conduct within the .sky.

Given Sky IPI’s tight control over .sky and its proposed policies and procedures (as described above and throughout this application) to eliminate all possible malicious and abusive conduct within .sky, consumers will be reassured that all .sky domain names are trustworthy and authentic Sky sites. This in turn builds consumer trust and confidence enhancing Sky’s online reputation. Sky’s activities will encourage competition amongst registry operators, whereby existing and new TLD operators will make changes in their mechanisms to improve consumer trust in their own TLDs so that they are at least on part with improvements in consumer trust made by other TLD operators such as Sky IPI. Improved consumer trust and competition will encourage e-commerce thereby increases the number of online transactions and interactions by consumers.

The .sky gTLD also presents Sky with a substantial opportunity to market new products and services including user-driven improvement and innovations by creating new second and third level domain names as required. These domain names, including the use of geographic names and IDNs, will promote consumers choice by innovatively increasing the ways consumers can interact with Sky.

 

Given the initially restricted nature of.sky, the projected number of registrations is likely to be limited.  It is anticipated that a small number of domain names will be registered in the first year. Over the next few years, the number of registrations is likely to increase to between 500-1000 domain names as new services and marketing campaigns are developed and implemented. Sky may, at a later date, evaluate the potential in extending .sky access (i.e. use but not registration) to its home and business customers. In making such evaluation, Sky IPI will take due consideration of its continued compliance with all operational, technical and policy requirements. Sky IPI will keep ICANN reasonably informed of any material developments relating to.sky, including compliance with the continued operations instrument obligations as set out in Specification 8 of the Registry Agreement. Sky IPI intends to utilise geographic names and Internationalized Domain Names (IDNs) to support a positive user experience for users regardless of geography or language.

 

Sky is a well-recognised global brand and has trade mark applications and registrations in 130 jurisdictions for the word SKY and other SKY related marks. These registrations cover a range of different classes of goods and services including broadcasting services (such as television and radio broadcasting), apparatus used for the receiving, recording, storage and playback of television and radio, advertising and marketing, telecommunications (including telephony and broadband services), betting and gaming, entertainment and cultural activities.

Sky has existing domain names using the SKY trade marks in domain spaces including:  

-gTLDs: .com, .biz, .net, .org, .travel,

-ccTLDS: co.uk, eu, me, ws, com.cn, cn, .de, com.dm, com.es, com.gr, dm, mp, org.cn, qa, so., tm.fr, tv, it ie.

Recently, Sky was successful in securing sunrise applications for .info, .mobi, .eu, .asia, .tel, .co and .xxx domain spaces based on its existing registered trade mark rights.

 

Sky has strong registered and unregistered rights in the SKY name based on its famous reputation in the UK, Ireland, Italy and Germany. In particular, Sky has used the SKY trade mark extensively and exclusively for over 20 years in the UK where it has developed an iconic reputation. Furthermore, it has a substantial reputation in other countries around the world via its worldwide broadcasts of Sky News amongst other things. Sky has been at the forefront of media convergent technology by combining television, computer, internet and telecommunication technologies through its substantial investment in technological innovation, product development and focused marketing. As a result, the SKY brand is well known for its internet-related goods and services. Sky IPI believes that .sky is unlikely to cause confusion with either a generic term or any existing TLDs.

 

18B. How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?

 

18(b)i. What is the goal of your proposed gTLD in terms of areas of specialty, service levels or reputation?

 

The key goals of the proposed .sky gTLD, in line with ICANN’s Affirmation of Commitments, are:

  1. to promote consumer trust and reduce the risk of malicious abuse.  Sky will promote consumer trust by controlling the registration and use of domain names under the .sky gTLD.  As a leading global media, entertainment, betting and gaming, and telecommunications company, it is critical that Sky continues to maintain a secure and uncompromised online presence.  The second level .sky domain names will provide a highly distinctive and unique online space for Sky which would be clearly different from other online offerings from its competitors;  
  2. to promote consumer choice and innovation by its ability to implement user-driven improvements from feedback and discussion; and
  3. to promote online competition among Sky’s competitors in the broadcasting, entertainment, telecommunications, betting and gaming, and media industries at the gTLD level based on the anticipated success of the .sky gTLD, as well as promoting competition with existing TLD registry operators that do not implement mechanisms to build consumer trust.

 

Sky wishes to enhance and maximise its already substantial online reputation by utilising the anticipated advantages of the proposed .sky gTLD as a restricted registry.  The anticipated advantages would include improving Sky customer online interaction and customer experience.  A tailored Sky customer experience could be created, which would enhance the promotion and delivery of Sky’s innovative products and services. This will also provide Sky with an immense opportunity to foster and develop innovation and creativity through use of the .sky gTLD.  The .sky gTLD will improve customer service levels, online functionality and security measures.  We anticipate that these improvements will promote increased competition online.

 

18(b)ii. What do you anticipate your proposed gTLD will add to the current space, in terms of competition, differentiation, or innovation?

 

It is anticipated that the proposed .sky gTLD will make positive contributions to the wider internet community by:

  • increasing trust;
  • promoting competition;
  • making a point of differentiation from other domains; and
  • fostering innovation.

 

Increasing trust

The current domain name system has shown that it is vulnerable to malicious abuses, due to registration of domain names that seek to exploit consumer confusion.  Sky can address some of these vulnerabilities by maintaining complete control over the domain names registered under the .sky gTLD.  Domain name registrations will be restricted to Sky affiliate entities for use by the Sky group companies and Sky licensees, which will eliminate the potential for registration abuses.  Internet users will be able to trust and rely on the authenticity of domain names registered under the .sky gTLD.

 

Promoting competition

By creating, maintaining and promoting the .sky gTLD as a trusted online site for Sky, this will encourage existing and new TLD registry operators to make changes in their mechanisms to improve consumer trust of their TLDs.  Internet users will be encouraged to interact with domain names under the .sky domain space.  TLD registry operators and Sky’s industry competitors who continue to rely on the existing domain name system will be required to address and overcome some of the shortfalls of this system.  As a result, the launch of the .sky gTLD will benefit internet users through the anticipated improvement of services in the marketplace.  

 

Making a point of differentiation

The .sky gTLD will simplify how internet users interact with Sky by providing a distinctive Sky domain space.  The .sky gTLD will allow for short, memorable and user-friendly domain names to be used. This is particularly important for increasing the number of users accessing Sky content online including through mobile and tablet devices.  Internet users will be able to directly navigate to a .sky gTLD site, thereby saving time and resources involved with searching for an official Sky site.  By instilling consumer trust in the .sky gTLD, internet users will come to recognise .sky domains as trusted and authentic Sky sites.

 

Fostering Innovation

With the expansion of the internet community to all corners of the world, the existing gTLD structure presents limitations, not only in the availability of domain names for registrants, but also in the ability of businesses and organisations to establish a coherent global online brand presence.  It is often difficult to register a relevant and meaningful domain name in the existing domain space because it is often unavailable. Even where a third party is prepared to sell the desired domain name, the purchase price may be undesirably high. Since the .sky gTLD is a restricted gTLD, Sky can effectively create second or third level domain names on demand. The .sky gTLD is anticipated to improve the structure of the current network of Sky sites and will therefore create a coherent online brand strategy for Sky.  This is particularly relevant as a coherent online brand strategy for Sky will improve many things including online marketing, search engine optimisation practices and online reputation management. Through such improvements, Sky will be able to deliver innovative user-focused marketing and services thereby providing greater consumer choice compared to what is currently available in the existing domain name system.  

 

18(b)iii. What goals does your proposed gTLD have in terms of user experience?

 

Current challenges

Today, internet users often have difficulty in locating and⁄or verifying whether a particular domain is legitimately associated with a particular business or organisation.  This is often because there are many unauthorised (and potentially malicious) third parties who have registered domain names which incorporate the name of a business or organisation thereby creating user confusion as to the authenticity of the domain name.  This often results in businesses and organisations with a legitimate right to a name finding that certain domain names containing the relevant business name have already been registered by unauthorised third parties.

 

Positive user experience

The proposed .sky gTLD is anticipated to provide a positive user experience as described above, which will meet the changing and growing needs of the global internet community.  Sky will maintain control of the registration and use of domain names and will ensure that the .sky gTLD will only be used for purposes authorised by Sky.  Therefore, the .sky gTLD will:

  • provide an easy and intuitive reference and access point for internet users;
  • represent authenticity, thus promoting user confidence;
  • direct internet users to relevant information in a timely manner by creating appropriate domain names on demand;
  • offer IDNs at the second level, allowing users to interact with Sky in their native language;
  • use geographic names in second and third level .sky domains to connect with relevant users from the corresponding region⁄geographical area
  • enhance security and minimise security risks by implementing necessary technical and policy measures;  
  • strengthen brand reputation and user confidence by eliminating user confusion and offering innovative ways for customers to interact with Sky; and
  • prevent potential abuses in the registration process reducing overall costs to businesses and users.

 

Sky will be able to create relevant domain names for use including product, service or geographic names in the second or third level domain names.  In accordance with registration policies and the proposed measures for protection of geographic names as outlined in response to question 22, Sky will use geographic names to localise its websites in countries in which Sky operates. The use of geographic names is intended to:

  • connect internet users with relevant information as applicable to the territory; and
  • comply with required rules and regulations in the national territory.

 

Sky may also utilise IDNs at the second level domain names in different languages which may include German, Spanish, Arabic, Chinese, French, Hindi, Dutch, Italian, Japanese, Portuguese and Korean.  The use of IDNs will allow internet users to engage with .sky in their native language thereby creating a more positive user experience and encouraging diversity. As the use of the .sky gTLD evolves, there may be increased use of other IDNs within the .sky domain space.

 

Further, the .sky gTLD is also intended to address the potential malicious abuse and user confusion in the registration processes of the current domain name system, even though currently an eligible party may lodge a claim against such abuses through existing Uniform Domain Name Dispute Resolution Policy (UDRP) or other dispute resolution processes.  The .sky gTLD aims to overcome and prevent any potential abuses in the registration processes thus reducing overall costs to internet users.

 

Eliminating user confusion and the potential for malicious abuse will strengthen user confidence in the domain name system, which will ultimately contribute towards promoting ICANN’s core values of benefiting the public interest.

 

18(b)iv. Provide a complete description of the applicantʹs intended registration policies in support of the goals listed above.

 

The proposed registration policy for the .sky gTLD is outlined in our response to question 28.

 

As the .sky gTLD will be restricted, registrations for domain names will only be available to Sky and⁄or its authorised affiliate entities for use by affiliate entities and licensees of Sky IPI initially in support of its mission and purpose.  Any expansion of the registration process will involve significant evaluation and consideration of Sky IPI’s obligations and compliance with all ICANN’s operational, technical and policy requirements.  Sky IPI will keep ICANN reasonably informed of any material developments relating to the .sky gTLD.

In addition, the domain name registration processes for the .sky gTLD will address all requirements mandated by ICANN, including but not limited to the rights abuse prevention measures including the Trademark Clearinghouse.  

 

18(b)v. Will your proposed gTLD impose any measures for protecting the privacy or confidential information of registrants or users? If so, please describe any such measures.

 

Sky IPI is committed to protecting privacy and confidential information in accordance with the mission and purpose of its .sky gTLD thereby fostering increased consumer trust by providing a safe and legitimate internet space for internet users.  Sky has a strong focus on ensuring that customers can use Sky products with minimum risk and as such, manages customer privacy and data protection by implementing rigorous policies with clear lines of accountability.  Sky IPI endeavours to ensure that user privacy and confidential information under the .sky gTLD are protected pursuant to all applicable laws and regulations relating to internet security, privacy and user confidential information including all relevant industry requirements and standards such as the Data Protection Act 1998 (UK), the Privacy and Electronic Communications Regulation 2003 (UK) and the Data Protection Acts 1988 and 2003 (Republic of Ireland).

 

Sky already has its own data protection policies covering the collection, use and retention of personal data, complimented by computer security, physical security and data breach policies which cover personal as well as confidential information. These policies are managed through Sky’s Data Governance Committee and this serves to demonstrate Sky’s commitment to the protection of user privacy and confidential information. Furthermore, Sky has an established abuse management function for its sky.com domains which is run by Sky’s internal IT department, SNS (Sky Network Services).

 

As use of the .sky gTLD will only be available to Sky group companies and licensees of Sky initially, the amount of personal data that will be collected for the purposes of operating the .sky gTLD and made publicly available in the WHOIS database will be very limited.  Sky IPI will provide a publicly available and searchable WHOIS look up facility, where information about the domain name status and registrant information (including administrative and technical contact details) can be found in accordance with Specification 4 of the Registry Agreement.  In order to prevent misuse of the WHOIS look up facility, Sky IPI will utilise various measures including a requirement that any person submitting a WHOIS database query is required to read and agree to various terms and conditions in accordance with the registration policy.  One of the terms of use will be that the WHOIS database is provided for information purposes only and that the user agrees not to use the information for any other purposes such as allowing or enabling the transmission of unsolicited commercial advertising or other communication.

 

Sky IPI will protect private and confidential information by deploying Domain Name System Security Extensions (DNSSEC) which are intended to benefit both Sky IPI and users interacting with Sky online.  DNSSEC provides additional security by validating information in the transmission. Therefore it is intended to benefit those who publish information in the domain name system (DNS) and the users who retrieve information from the new .sky gTLD. Sky already implements measures to protect the privacy and confidential information of its users against misuse, loss, alteration and unauthorised access.  Such measures include technological measures and organisational measures.  Technological measures include firewalls, intrusion detection and prevention, encryption, access controls, and Secure Socket Layers⁄TLS.  Organisational measures include policies, training and audit.

 

Sky IPI will continue to apply all security measures currently implemented and will comply with all other policies and practices required by ICANN in the Registry Agreement and any relevant Consensus Policy for protecting the privacy and confidential information of registrants and users in the new .sky domain space.  

 

18(b)vi. Describe whether and in what ways outreach and communications will help to achieve your projected benefits.

 

Sky intends to publicise the .sky gTLD by means which may include a media plan to promote consumer recognition of the .sky gTLD within the internet community as a trusted and authentic site.  During the initial operation of the .sky gTLD, it is anticipated that internet users will be re-directed from Sky’s current websites such as sky.com to the .sky gTLD websites.  However, over time through extensive promotion and consumer education of the existence and benefits of the .sky gTLD, it is hoped there will be significant uptake and use of the .sky gTLD thereby minimising the incidences of malicious abuses and protecting internet users as a result.

 

18C. What operating rules will you adopt to eliminate or minimize social costs (e.g., time or financial resource costs, as well as various types of consumer vulnerabilities)? What other steps will you take to minimize negative consequences/costs imposed upon consumers?

 

As reiterated above, the registration of domains in the .sky gTLD will only be open to Sky IPI and⁄or its authorised affiliate entities for use by internal users (affiliate entities) and licensees of Sky as it will be run as a restricted registry. Third parties will not be able to register (or initially use) domain names under the .sky gTLD. Therefore, it is anticipated that third party trade mark owners will not incur costs in relation to the .sky gTLD. The affiliated entities of Sky IPI must ensure that all the policy requirements for registration are satisfied. Sky IPI will use the proposed Trademark Clearinghouse to ensure that the registration and use of domain names under the .sky gTLD do not infringe any registered third party intellectual property rights.

No unaffiliated third party will be permitted to register or use domain names at this stage. It is estimated that time and money spent by consumers who have been targeted by malicious abuse in utilising services on the internet will reduce over time as a result of the new, trusted .sky gTLD.

18(c)i. How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come⁄first-serve basis?

The initial use of the proposed new gTLD will be restricted to internal business use by Sky, its affiliate entities and licensees. Therefore conflicts between multiple applications are not anticipated to occur.

18(c)ii. Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).

The .sky gTLD will be used for internal purposes only at this stage, so pricing incentives are not applicable or relevant.

18(c)iii. Note that the Registry Agreement requires that registrars be offered the option to obtain initial domain name registrations for periods of one to ten years at the discretion of the registrar, but no greater than ten years. Additionally, the Registry Agreement requires advance written notice of price increases. Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation? If so, please describe your plan.

The .sky gTLD will be used for internal purposes only at this stage, so pricing incentives or pricing increases are not applicable or relevant as no additional fees are to be charged.