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FCC nominees waltz through hearing, committee approval expected Thursday

WASHINGTON-The nominees for the Federal Communications Commission had a “walk in the park” as they appeared before the Senate Commerce Committee last week, while FCC Chairman Michael K. Powell was questioned at length about telecommunications issues in a confirmation hearing that lasted a little more than two hours.

The nominations of Kevin J. Martin, Kathleen Q. Abernathy, Michael J. Copps and Powell are expected to be approved by the Commerce Committee on Thursday.

Spectrum management and the emergence of third-generation wireless were high on the list-along with perennial favorite universal service-of the issues raised by members of the Commerce Committee.

But if the nominees were worried about how they would answer spectrum-management questions, they shouldn’t have been. The commissioner-hopefuls were given a pass by Sen. Conrad Burns (R-Mont.), chairman of the communications subcommittee, who said spectrum management was too complex for them to understand until they have been immersed in it for a while.

“Spectrum and spectrum management is something I think you are going to have to be around a little while to fully understand the magnitude and the challenges that we have in front of us, so I think it would be unfair right now to go down that road. But I look forward to working with all of you on this issue, as with the chairman, as we move that issue down the field,” said Burns.

All of the nominees assured the committee that they would work with Congress to further the goals of the Communications Act, but Powell refused to predict the future.

“I don’t know what the world looks like in five years. Candidly, I don’t know what the world will look like in one year,” said Powell, noting he will make hard decisions that some members of Congress might not like.

The decisions he said will be “principled” and “based on my most sober analysis.”

Powell also stressed that the FCC is an independent agency and that “we owe fairness to all and allegiance to none. … Everything we do is for the public interest.”

Abernathy is vice president of public policy for Broadband Office Communications, a competitive local exchange carrier for office buildings. She said she would be recused from any issues to which Broadband Office was a party, but noted the company recently filed for bankruptcy so it was unclear whether that would be a problem. She also has worked for U S West Inc. and was a legal adviser to former FCC Commissioner Jim Quello.

Powell was recently nominated to an additional five-year term even though his term did not expire until June 2002. He was originally nominated by former President Clinton in 1997 to serve as a commissioner. President George W. Bush elevated him to the post of chairman on Jan. 22.

Martin is special assistant to the president for economic development. He was formerly a legal adviser to outgoing FCC Commissioner Harold Furchtgott-Roth before leaving to work on the Bush campaign.

Copps has a Ph.D. in U.S. history and was an official in the Clinton Department of Commerce. He is a former aide to Sen. Ernest F. Hollings (D-S.C.), ranking member of the committee. His nomination was the least surprising because the White House traditionally listens to the preferences of key senator. However, Hollings was shut out during the entire Clinton administration and thus truly believed it was his turn to get his man on the commission.

Hollings was ecstatic about Copps, offering high praise, which was returned by Copps.

There will soon be another slot open on the commission. FCC Commissioner Gloria Tristani told RCR Wireless News she expects to step down before the end of the year to run for office in New Mexico. Lobbying for the seat is well under way.

Following the hearing, the National Telephone Cooperative Association said it was urging Sen. Tom Daschle (D-S.D.), minority leader of the Senate, to insist on a “rural commissioner.”

“In recent years, commissioners and agency staff have focused on promoting only one prong-competition-of the dual mandates of the [Telecommunications Act of 1996]. The other, equally as important, mandate to support and promote universal service has been largely ignored. Clearly, FCC commissioners are the stewards of telecommunications policy implementation. The fifth and final commissioner needs to be someone who will ensure the FCC’s implementation of sound rural telecommunications policy as mandated by the provisions of the telecom act,” said Michael E. Brunner, NTCA chief executive officer.

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