Lets say you wanted to register and own .CPA and sell domain names on that TLD, you could submit your application to ICANN first, then ICANN can still decide to give it to someone else, even though it was your idea.

The new gTLD FAQ. See item 5 in the FAQ. http://www.icann.org/en/topics/new-gtld-strategy-faq.htm#idea

5. I have an idea for a new gTLD. Can I register my idea with ICANN in advance of the next application period?

ICANN's Answer - No. The application process for new gTLDs is not a “first come, first served” process. ICANN will accept submissions only during an open application period. As such, there is no incentive to ensuring your application is received before everyone else's applications.

Instead, applicants will need to meet the objective criteria set forth in the Applicant Guidebook. To be selected to operate a new TLD, an applicant must satisfy ICANN that, among other criteria, it has strong technical and business capability and a commitment to implement ICANN policies effectively.

“Objective”? Hardly.

Technical capabilities are important and it is within ICANN's charter to make sure you can technically handle running your own TLD.

Business capability is not within ICANN's charter to decide. My business plan for the TLD is none of ICANN's business and may be proprietary in nature. I may want to give the domain names away for free to my clients. That may be a good business plan for me. It is not ICANN's place to disagree.

If they mean financial capability, again, not their place to decide. I may have a bank standing by that says IF I get the TLD, they will give me the business loan to kick it off. It is not ICANN's place to say I must already have that in place BEFORE awarding me the TLD I want. This is just another way ICANN plans to stop small business owners from participating in the process.

Commitment to implement ICANN policies effectively - If they mean I must satisfy them that I do not intend to hurt the Internet from a “technical” point of view, then they are correct to add this. If they mean that as a business owner, I must agree to always agree with ICANN policies, then that is communism.

From the ICANN Website at http://www.icann.org/en/committees/evol-reform/working-paper-mission-06may02.htm

The Internet Corporation for Assigned Names and Numbers (ICANN) is the private-sector body responsible for coordinating the global Internet's systems of unique identifiers.

The mission of ICANN is to coordinate the stable operation of the Internet's unique identifier systems. In particular, ICANN:

1. Coordinates the allocation and assignment of three sets of unique identifiers for the Internet:

Domain names (forming a system referred to as “DNS”);

Internet protocol (IP) addresses and autonomous system (AS) numbers; and

Protocol port and parameter numbers.

2. Coordinates the operation and evolution of the DNS's root name server system.

Where in that ICANN Mission Statement overview does it indicate that my business plan or finances are any of their business? Again, technical capabilities ARE within their mission to assure Internet Stability.

Again from the ICANN Website at http://www.icann.org/en/committees/evol-reform/working-paper-mission-06may02.htm

ICANN Core Values

In performing its mission, ICANN adheres to these core values and principles:

[a]. Preserve and enhance the operational stability, reliability, security, and global interoperability of the Internet.

Ok. Operation Stability, Technical reliability and security, and interoperability. I agree 100%.

[b]. Respect the creativity and innovation made possible by the Internet by limiting ICANN's activities to those matters within ICANN's mission requiring or significantly benefiting from global coordination.

If they are going to decide who's business plan is most effective or most viable, then they violate this part of their own core values. By blocking someone from implementing their own ideas they stifle creativity. ICANN is not limiting itself to these activities in regards to creation of new gTLDs and therefore in complete opposition to the core values they say they represent.

[c]. To the extent feasible, delegate coordination functions to responsible entities that reflect the interests of affected parties.

Which means creating or working with technical bodies that can help assure the stability of the Internet, such as the IETF.

[d]. Promote international participation at all levels of decision-making and policy-making.

Which ICANN has yet to do in any way.

[e]. Seek broad, informed participation reflecting the functional and geographic diversity of the Internet.

ICANN has made a concentrated effort over the years to stifle participation by the general population of Internet Users.

They stopped allowing us to vote in Board Members when the original charter said the public would be able to elect half of the board.

They eliminated the general Assembly because they did not like what the public had to say, because we did not agree with their policies.

They do not reach out to educate more people about the ICANN process and actively seek people to participate in that process. So, once again, ICANN's core values are ignored by ICANN.

[f]. Introduce and promote competition in the registration of domain names where practicable and beneficial.

Charging upwards of $200,000 to get your own TLD does not promote competition, it stifles competition.

Authoritatively deciding to award someone else's idea to a company more friendly to ICANN does not promote competition, it stifles competition.

ICANN has done nothing to promote competition on the web. It has helped companies like VeriSign and Network Solutions to maintain a monopoly on domain names.

Right now, the only viable domain names to own exist in dot com, (controlled by VeriSign and Network Solutions) and Dot Net, (controlled by VeriSign and Network Solutions).

The only TLDs that ICANN has approved have been those that do not threaten to really compete with Dot Com or Dot Net.

They approved Dot Biz even though it already existed in another root and had a current owner and gave it to a different company. Yes, someone owned that business and ICANN simply awarded it to another company because it decided the other company should run it instead.

They approved Dot Museum. How many museums are there in the world anyway? And why would they need a Dot museum? Not my place to question that business plan, but it goes toward ICANN leaning toward approving TLDs that will not threaten VeriSign or Network Solutions monopoly.

They approved Dot Info. The spammers TLD that no one else really wants. They had to lower the price to about $1.99 per year to even get people to register them and that just attracted the spammers.

They approved Dot Mobi. This TLD would never threaten VeriSign or Network Solutions either. A very poor choice in my opinion. Again, to the owners of Dot Mobi, it is not my place to second guess your business plan just like it is not ICANN's place to question mine.

ICANN has succeeded for years in defending the monopoly held by VeriSign and Network Solutions. The creation of TLDs like Dot CPA, Dot lawyer, Dot Attorney, Dot Cars, Dot Sex, Dot Family, Dot Church, Dot SEO (My own TLD), Dot WebDesign, Dot Hosting, etc., would do more to foster competition and free enterprise and would break the monopoly that ICANN defends for VeriSign and Network Solutions.

Those TLDs all exist and are operational in another root. ICANN and the ISPs do not let you see ALL of the Internet. That is the only reason you cannot visit domain names in these TLDs.

Your ISP could easily enable your DNS so that you would see all you see now, plus hundreds of other domain names on better TLDs than ICANN has approved.

TLDA Mission Statement from http://www.tlda.org

The Top Level Domain Association Inc. is a trade association of Internet Top Level Domain (TLD) holders. This organization represents the interests of TLD Holders and fosters cooperation among them to insure a stable, inclusive namespace. All TLD holders are welcome to be members of the TLDA.

Inclusive. That is the key word. Whenever you enable your DNS to see these other TLDs and domain names, you can still see dot com, net, org, aero, museum, info, etc.

The difference is that ICANN wishes to exclude you from seeing them. How does that foster competition?

Back to ICANN's Core Principles;

[g]. Where feasible, depend on market mechanisms to promote and sustain a competitive environment.

It is totally feasible to include the other namespace where other TLDs already exist. They exist in a stable environment and are owned and managed by people who know how to operate their own TLD and should be allowed to do so.

ICANN intends to award TLDs to ICANN-friendly companies even when others already own those TLDs.

[h]. Employ open and transparent policy-making mechanisms that promote well-informed, technically sound decisions.

ICANN is so far from transparency by definition that one wonders why they have not edited this out of their core principles.

They ARE transparent in their efforts to help VeriSign and Network Solutions maintain a monopoly on commercially viable TLDs.

[i]. Make allocation and assignment decisions by applying documented policies neutrally and objectively.

There has been nothing neutral in the way they have done this so far. Is it neutral to take your business idea and give it to another company?

[j]. Act with a speed that is responsive to the needs of the Internet but obtain informed input from those most affected as part of the decision-making process.

I love how they continually use the phrase, “Those most affected”. To ICANN, this means the bigger the company, the more they are affected, so their opinions matter more than the average user of the Internet or any small business owner.

[k]. Remain accountable to the Internet community though mechanisms that enhance ICANN's effectiveness.

They have never been accountable to anyone. The original Board was to step down after the first year. They didn't even do that. They extended their own terms.

They eliminated the voting in of half the BoD. They eliminated the general Assembly. They have eliminated any attempt at being held accountable.

[l]. While remaining rooted in the private sector, act with sensitivity to governmental concerns for the public interest so that the need for direct governmental action is minimized.

Again, they violate their own core principles here. The rejection of Dot XXX is a great example. Whether you and I agree with having a Dot XXX or not is not the issue.

The issue is that ICANN allowed George Bush to tell them not to allow it. The Internet is international and is supposed to be free of governmental intervention.

The bottom line is that ICANN needs to be held accountable to it's own core values and ICANN needs to stay out of trying to make policy if they are to be a neutral technical body as they were created to be.

ICANN is opening itself up to major litigation in the area of promoting non-competitive business practices, blocking free trade, and opening themselves to major liability when a registry they approve harms registrants businesses.

For some reason, ICANN seems to believe that it can do whatever it wants with impunity. That is a very dangerous mindset in a litigious society.

If I want to own my own TLD and sell domain names as a business, who is ICANN to tell me I cannot do this?

They are a US nonprofit entity, registered and based in the state of California. They do not have the power to stop free enterprise or free trade and it is illegal to engage in non-competitive business practices.

That's my opinion and I'm sticking to it.