I understood it the way that burnside still hold >51% of btctc. Once he doesnt hold more than 51% the fee applies. A downside i see in this is that an investor doesnt know if in a week the fee will be applied because its based on numbers a investor doesnt have access to.
Even when i now update the comparison-table i would need to write it into the table that no fees are taken at the moment. A possible investor that is checking out the pt maybe reads this rule but has no clue if the fee is applying at the moment or not. Or how near it is. The date was more transparent.