WASHINGTON- The timing of two nominations to the Federal Communications Commission could leave FCC Chairman Kevin Martin with an evenly split agency-or he could even be in the minority at the end of the year.
The White House last week nominated Republican Deborah Tate, a member of the Tennessee Regulator Authority, and Democratic Commissioner Michael Copps to the five-member independent regulatory body that oversees telecommunications and media issues. Members serve five-year terms and are selected from both political parties. Three members, including the chairman, come from the president’s political party, while the remaining two come from the opposite party. The president nominates the members, and the Senate confirms the nominations after hearings.
Former FCC Chairman Michael Powell left the agency in March, leaving incoming Republican Chairman Martin with an evenly split group. Martin stands with Commissioner Kathleen Abernathy on the Republican side, while commissioners Copps and Jonathan Adelstein are Democrats. The split meant Martin had to delay the recent vote to approve the SBC Telecommunications Inc.-AT&T Corp. and Verizon Communications Inc.-MCI Corp. mergers no less than three times while he negotiated with the Democrats on the commission.
Abernathy’s term expired in June 2005, and she must leave when Congress adjourns for the year. Unless the Senate speeds through the Tate nomination, Martin could find himself in a minority with two Democrats. Although Copps’ first term expired in June, he can stay until the end of 2006.
While it is a much higher-profile position, the Senate declined to speed through the nomination of Samuel Alito Jr. to the U.S. Supreme Court. Hearings by the Senate Judiciary Committee on the Alito nomination are expected to begin in January.
Even if the Senate fast-tracks Tate, Martin would still be down one Republican. The White House had been rumored to be looking at Richard Russell, an aide to the president, but his nomination appears to have met resistance from Sen. Ted Stevens (R-Alaska), chairman of the Senate Commerce Committee.
Stevens apparently wants his own choice on the commission. He told reporters he was still looking for a candidate acceptable to the White House. Traditionally, deference is given to the chairman of the Senate Commerce Committee to make recommendations for open FCC slots. Stevens first endorsed his former aide, Earl Comstock, but he withdrew the nomination amid allegations of a problem with his nanny. Then Stevens tried his current aide, Christine Kurth, but Kurth’s husband has many FCC-related clients and that was seen as too burdensome. Stevens has not endorsed anyone since Kurth withdrew in June.
