In ODV 15416 we are asked to review the attached Memorandum and EC Resolution and provide input. While the Memo notes there is some urgency in this matter it appears the request is for input rather than an immediate vote. The EC Recommendation is a bit of a surprise since except for the recent spate of direct emails from Winlink2K aficionados I was under the impression from recent ODV’s that there was little ongoing discussion on the ex parte effort to change RM11306. We are being asked to approve withdrawal of our Regulation by Bandwidth Petition with the expectation we will subsequently re-file the Petition or a near clone. The reason is that FCC apparently is “very much inclined to support regulation by bandwidth, but is limited in their ability to do so by the public record, which constrains them” because virtually all the comments filed are negative. Our purpose in taking this step would be to eliminate existing very negative and incendiary Record of Comments in the filing, many of which are based on misunderstanding. I can support this action. but I first need to first clarify why: a. We feel the feedback and “suggestions” from FCC are reliable; b. We believe a refilling will satisfy the highly polarized concerns of those who have previously filed the “negative and incendiary comments; c. The existing Petition is flawed In the past FCC has not been troubled by a lack of support for its actions. The decision to provide a “medical waiver” for Morse exams above 5 wpm and the recent substantial increase of the 75 Meter phone allocation are but two examples. In each instance FCC ordered a significant change on the basis of less than a handful of comments regarding issues that deeply divided the Amateur Service. It seems FCC can do pretty much whatever it chooses despite the record. Do the letters BPL ring a bell. So why is it reluctant to act here if it truly supports the Regulation by Bandwidth model? Prior to filing the RM11306 Petition the Board went through a multi year process of developing a proposal, presenting it (twice) to the members and Amateur community at large and receiving and evaluating feedback. What specifically will we do next time? Again, what specifically will we do next time? We need to recognize that withdrawing this petition will cause those who have opposed Regulation by Bandwidth and the Winlink2K folks to believe they prevailed and become even more hardened in their positions and beliefs. If we think it was tough this time; next time around will be twice as hard and maybe even twice as ugly. 73, Jay, KØQB