WASHINGTON-Efforts to fill the open seat on the Federal Communications Commission left vacant by the departure of former FCC Chairman Michael Powell were stymied late Thursday when Christine Kurth, deputy chief of staff for the Senate Commerce Committee, withdrew her name from consideration.
Kurth was being sponsored by Sen. Ted Stevens (R-Alaska), chairman of the Senate Commerce Committee. The Senate through the advice and consent clause of the Constitution must approve all FCC vacancies. By tradition, FCC nominees appear before the Senate Commerce Committee prior to being voted on by the full Senate.
This is the second Stevens recommendation to be withdrawn. Earl Comstock, a former Stevens aide and now president of CompTel/Alts, withdrew his name earlier this year.
A statement released by the Senate Commerce Committee explained: “Should Kurth have been nominated and confirmed as an FCC commissioner, her husband, who consults for telecommunications companies, would have been required to cease work on behalf of his clients; or Kurth, as a commissioner, would have been required to recuse herself from various matters under the FCC’s jurisdiction even in situations where her husband was not working on the particular issue.”
The telecommunications policy world is still waiting for the Bush White House to nominate two Republicans and one Democrat to the FCC. In addition to the Powell seat, FCC Commissioner Kathleen Abernathy, whose term expired a year ago, has said she wants to leave. FCC Commissioner Michael Copps wants to stay, but his term expires at the end of the month.
Rep. Joe Barton (R-Texas), chairman of the House Commerce Committee, has suggested Howard Waltzman, counsel for the House Commerce Committee. While Barton has a close relationship with the White House, the House has no formal role in the nominations process.
Rebecca Klein, a former chairman of the Texas Public Utility Commission and congressional candidate, has also been mentioned as a nominee.
FCC Chairman Kevin Martin Thursday refused to comment on the vacancies.
