FCC PULLS AT&T-BELLSOUTH MERGER VOTE FROM MEETING AGENDA

摘要

The FCC dropped the AT&T-BellSouth merger vote from the agenda for today抯 meeting, indicating FCC Chmn. Kevin Martin is growing less certain of gaining approval. AT&T has indicated talks on merger conditions are at an impasse, sources said. However, at our deadline, with discussions continuing, the FCC抯 2 Democrats said they were seeing progress. Talk has turned to whether Martin will ask Comr. Robert McDowell to participate in the proceeding to break a possible 2-2 tie. But opinions are mixed on whether this is feasible or even a good idea. Asked about pressing McDowell into action, a spokeswoman for Martin said he has been concentrating up to now on getting a vote by the remaining 4 commissioners but 搊bviously we have to look at all options.?She said FCC Gen. Counsel Sam Feder would have to determine 搃f [McDowell] can act and if it is in the best interests of the Commission.?However, McDowell still would have the option of abstaining, she said. nnA competitive carrier source said he doubted Martin would seek McDowell抯 participation, since it would require he 搕ake the risk of violating his ethical obligations.?Jonathan Lee, CompTel gen. counsel, sees the McDowell issue as a 搑ed herring.?If the Commission splits 2-2, the Communications Act allows a hearing before an administrative law judge to examine whether a merger is in the public interest, he said. 揂T&T is the only one out there saying that Commissioner McDowell must be unrecused or that there is a deadlock,?Lee said. 揂T&T is trying to get everybody to look at Commissioner McDowell and Chairman Martin and to make this into a drama... [AT&T] wants McDowell and Martin to walk through the mud for them.?/font>