No it doesn’t, that authority comes from the membership, not this policy
forum. Yes, there is significant overlap between the two, but they are
distinct groups.

On Sat, Jan 16, 2021 at 18:23 Fernando Frediani <fhfredi...@gmail.com>
wrote:

> Hi David
>
> I am not against it has, but it does because the authority given to them
> for that come from this forum (for the revocation part not the fee
> structure).
> 4.2.1.2 makes it very clear and doesn't go into any operational details
> and this proposal is willing to remove it.
>
> Fernando
> On 16/01/2021 20:42, David Farmer wrote:
>
> The Board has the power to set fees, which includes at least the power to
> revoke resources for nonpayment. If it did not, the power to set fees would
> be meaningless.
>
> Thanks
>
> On Sat, Jan 16, 2021 at 5:29 PM Fernando Frediani <fhfredi...@gmail.com>
> wrote:
>
>> John, let's make it simple: The Board has no power to *make and adopt
>> policies* concerning resources allocation without passing in this forum.
>> Look: make policies not just adopt them !
>>
>> Yes we all understand it has the ultimate authority to adopt all ARIN's
>> policies, but it *cannot make and adopt any policies by itself*. That is a
>> sole prerogative from this forum to initiate, discuss and agree on it to
>> *then* pass it to them for approval.
>> Therefore Board has no power to determine the conditions for resources to
>> be allocated or revoked. This forum does and why I am of that the current
>> text is fine to remain as it is as it is not causing any trouble and
>> doesn't go into any operational details.
>>
>> The text in the proposal doesn't refer to how fees are structured, but
>> only mentions that lack of payment is a reason for revocation (again a sole
>> prerogative of this forum to define not the Board). In other words the
>> authority for ARIN to revoke resources always comes from this forum.
>> As a suggestion to this proposal why not make more clear and something
>> similar to what LACNIC has which mentions that violations to the contract
>> leads to revocation ?
>>
>> Fernando
>> On 16/01/2021 19:30, John Curran wrote:
>>
>> On 16 Jan 2021, at 3:39 PM, Fernando Frediani <fhfredi...@gmail.com>
>> wrote:
>>
>> Exactly John, that's why the Board of Trustees or equivalent body has to
>> approve policies that advances from this forum, to make sure they are in
>> line with the applicable law, operational impacts, etc. But the Board has
>> not power to make policies or define rules for allocation of revocation.
>>
>> Fernando -
>>
>> That is also incorrect in the ARIN region (“But the Board has not power
>> to make policies or define rules for allocation of revocation.”)  The ARIN
>> Board of Trustees has the full authority of the organization, having been
>> elected by the membership - this includes the ultimate authority to adopt
>> all of ARIN’s number resource policies.  In its deep wisdom, the ARIN Board
>> of Trustees adopted a Policy Development Process that delegates and
>> constrains its role in the normal course of policy development, but that
>> does not change the underlying authority to define the policies by which
>> ARIN operates.
>>
>> More important to highlight is that any policies regarding allocation of
>> revocation come exclusively from this forum. If this forum defines lack of
>> payment is one of that reasons for revocation of resources and Board
>> approves it according to the PDP, then the Board is free to adjust the RSA
>> and whatever procedures necessary to make it happen.
>>
>> Again, that is not the case in the ARIN region, and it might be best if
>> you refrain from make assertions regarding the functioning of authority in
>> the ARIN region without further research.  Note - I am also available at
>> any time if you wish to discuss specifics of ARIN authority and operation -
>> feel free to reach out to me to arrange if needed.
>>
>> What I am saying with is that it is in its prerogatives for this forum to
>> keep in the policy text that lack of payment is a reason for revocation.
>> There is not reason to remove what is in there, it will not cause any harm
>> or conflict to whatever the Board decides the RSA will be.
>>
>> The policy writeup notes "The AC’s understanding is that community policy
>> should not include language referring to fees, as such language is already
>> present in the Registration Services Agreement (RSA)” – this statement is
>> accurate, which suggests that the proposed change to policy text is
>> well-considered.
>>
>> Thanks,
>> /John
>>
>> John Curran
>> President and CEO
>> American Registry for Internet Numbers
>>
>>
>>
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>
>
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-- 
===============================================
David Farmer               Email:far...@umn.edu
Networking & Telecommunication Services
Office of Information Technology
University of Minnesota
2218 University Ave SE        Phone: 612-626-0815
Minneapolis, MN 55414-3029   Cell: 612-812-9952
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