MCDOWELL AUTHORIZED TO VOTE ON AT&T-BELLSOUTH MERGER

摘要

FCC Gen. Counsel Samuel Feder said Comr. Robert McDowell can participate in the AT&T-BellSouth merger proceeding. It wasn抰 an easy decision but 搊n balance I find that you should not be barred from participating in this proceeding if you choose to do so,?Feder said in an 8-page letter sent late Fri. to McDowell. McDowell has been sitting out the merger talks because he previously worked for CompTel, a foe of the merger. However, the FCC is deadlocked 2-2 on the merger and McDowell could be the tiebreaker. Feder said his decision was 揼uided by FCC precedent?set when ex-FCC Chmn. William Kennard was authorized to take part in a proceeding involving the NAB, where he once worked. 揑 find any appearance concerns in that case to be greater than the potential appearance concerns here: Chairman Kennard previously participated as an advocate in the very same proceeding, while you never participated in any way in this proceeding on behalf of CompTel.?nnFeder said regardless of his opinion, McDowell is 揻ree as an FCC commissioner to abstain from participating in and voting on any proceeding.?Feder told McDowell: 揟his authorization thus allows you to make your own decision... The decision as to whether to grant this authorization is a difficult one, and reasonable people looking at these facts could disagree about the appropriate result.?McDowell is reviewing Feder抯 opinion and wants to see Feder抯 response to questions by House Commerce Committee Chmn.-designate John Dingell (D- Mich.) on how he arrived at it, he said. 揑n the meantime, I strongly urge the participating parties and my four colleagues to resolve their differences,?McDowell said.