There has been concern expressed on the .com issues report with respect to the misinterpretation of Council's intent. As the BC understands It, Council interest in the proposed .com agreement is "the broader policy implications". In this respect, the ICANN by-laws foresee that Council proceed with a PDP having heard a negative staff recommendation.
"c. Vote of the Council. A vote of more than 33% of the Council members present in favor of initiating the PDP will suffice to initiate the PDP; unless the Staff Recommendation stated that the issue is not properly within the scope of the ICANN policy process or the GNSO, in which case a Supermajority Vote of the Council members present in favor of initiating the PDP will be required to initiate the PDP". This supermajority vote (I believe its 18 votes) is an option open to us at our meeting later today.