Democrats rally against Martin’s calls for McDowell

WASHINGTON-Key congressional Democrats have taken issue with Federal Communications Commission Chairman Kevin Martin over his request to have his general counsel rule whether Commissioner Robert McDowell can be ethically cleared and forced to address the gridlocked, $79 billion AT&T Inc.-BellSouth Corp. merger.
“I hope that you will reconsider your decision to waive the ethical rules presently precluding Commissioner McDowell’s participation and return to serious negotiations with your other colleagues on the commission. These rules and rules of professional responsibility in general exist for a reason and should not be tossed away lightly,” said Sen. Daniel Inouye (D-Hawaii), in a letter to Martin. Inouye will chair the Senate Commerce Committee when the newly controlled Democratic Congress convenes in January.
McDowell, one of the three Republicans on the five-member, GOP-led FCC, disqualified himself from the AT&T-BellSouth proceeding in August because of past work as a lobbyist for a trade group whose members compete with AT&T and other Bell telephone companies.
Earlier this week, Markey said he had grave concerns about the path Martin is headed down.
“I believe that forcing a commissioner to participate in a proceeding in which he or she would otherwise be recused is an extraordinary notion for an independent, impartial regulatory agency,” Markey said. “Agency commissioners must exercise independent, impartial, and unbiased judgment in matters before the commission.”
Markey said he would like the FCC to conclude its merger review in a timely fashion, but only with the kind of competitive and consumer safeguards that some mobile-phone carriers and consumer advocates are seeking. “If the FCC general counsel takes action to compel Commissioner McDowell’s participation, I strongly urge Commissioner McDowell to announce his intention to vote to abstain as a matter of principle,” Markey stated.
The Justice Department unconditionally approved the AT&T-BellSouth merger in October.