HOUSE DEMOCRATS: FEDER’S MCDOWELL DECISION ‘NOT CONVINCING’

摘要

FCC Gen. Counsel Samuel Feder hasn’t justified his decision that FCC Comr. Robert McDowell can vote on the AT&T-BellSouth merger, key House Democrats said Tues. Commerce Committee Chmn.- designate John Dingell and Telecom Subcommittee Chmn.-designate Edward Markey criticized Feder for not heeding advice by Govt. Ethics Dir. Robert Cusick, who recommended not authorizing McDowell. McDowell hasn’t participated in the merger proceeding because he once worked for merger for CompTel. “Nothing in the General Counsel’s response surmounts the ethical hurdle placed before the Commission by [Cusick], who indicated to the FCC that if the decision were up to him, he would not authorize Commissioner McDowell’s participation,” said Markey. Feder’s response “highlights that there is no direct or persuasive precedent for ‘un-recusing’ Commissioner McDowell,” Markey said. nnHowever, when asked to list “unrecusal” actions other than one previously cited involving ex-FCC Chmn. William Kennard’s vote in a broadcast proceeding, Feder offered 4: one involving McDowell and the others involving FCC Chmn. Kevin Martin and ex-FCC Chmn. Michael Powell. Feder said McDowell was authorized to participate in a forbearance proceeding about a month after he left CompTel, but the petition was withdrawn before a final vote was taken. Martin was authorized in Sept. 2001 to participate in a newspaper/broadcast cross-ownership proceeding like one he was involved with 4 years earlier at a law firm, Feder said. Powell was authorized in Jan. 1998 to participate in a DTV proceeding, though his wife owned General Electric stock through a stock reinvestment plan. In Jan. 2000, Powell was advised he could participate, without an authorization, in the AOL-Time Warner merger even though his father sat on the AOL board, Feder said.