Jared,

Thanks for your patience with all of us as we discussed the parameters of the CPE Evaluator's limits on independent research.  I do agree that it can be made clearer that such necessary research extends to public comment, letters of support, letters of opposition, and other issues reasonably raised in the mind of the evaluator regarding the community status of the applicant.

I do not agree, as someone remarked (maybe Kathy?) in today's session, that there is a problem with the "weighting" in the CPE scoring process.  The scoring was thoroughly discussed in the IRT.

Just by way of example using the hypothetical raised in an ALAC meeting in Prague and again in some negative public comment, the fact that a larger community may exist, should not disqualify an applicant from establishing community status in its own self-identified community.  For example, the Eastern Band of Cherokee Indians that governs the town of Cherokee, North Carolina, is a smaller community group than the Cherokee Nation but that does not mean the the Cherokee Nation would automatically object to the Eastern Band application for .cherokee.  In fact, it might be supported.  The real issue is what type of application is competing for the same string with that smaller community application - is it community based or not?  If it's not, the community that qualifies prevails and does not have to bid at auction (e.g. against Jeep).  If both qualify as communities, then they have to compete in an auction.

Further, the CPE Panel is clearly not required to go "fishing" for communities that have not applied for the string but which are entitled to file objections and letters of opposition.  The Community Objection process is established to maintain the balance.  Letters of opposition are also relevant and that is why the panel must be free to conduct independent research re same.

Bottom line the IRT cannot substitute its judgment for that of an expert CPE Evaluator, which is also empowered under the RFP to retain experts on the particular community under consideration.

Anne