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Subject: Re: Issue: Transition rules?


On Tue, 14 Oct 2003, Michael StJohns wrote:

    >However, I presume you are suggesting we document the "edge case" of
    >whether or not an operational NOMCOM is required to employ a revised
    >document if one is published during its tenure?

    No.  The problem is that there are possible edge conditions between
    the two documents (2727 vs 2727bis).  One example right off the top:
    2727bis allows a challenge to the selection process for the Nomcom
    and sets a 1 week period after the selection has been made for that
    challenge, 2727 doesn't have such a concept.  Say 2727bis is
    approved during the one week period (which it won't be) - which rule
    applies?  Say its approved one month later - an argument could be
    made that challenges could occur from the approval date for the one
    week.  An edge case that has no prima facia resolution.

If we adopt the rule that a new document is "in force" as soon as it is
approved, then we also need Harald's earlier suggestion that the new
document applies from that moment forward, i.e., you don't revisit
earlier decisions.

So, while agree there are "significant" differences between rfc2727 and
rfc2727bis, I don't see the problem in your example.  Specifically, if
2727bis is approved during what would be the one week challenge period
the answer is there is no challenge.  The event that would have
permitted the challenge has passed and was completed under the old
rules.  Therefore the new rule of a challenge period does not apply.

Jim



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