Tate, Adelstein Stuck in Election-Year Limbo at FCC

Chances for a Senate vote this year reconfirming two Federal Communications Commission members to new terms appear to be evaporating as Congress exits Washington for the August recess. The lack of action suggests one commissioner, Deborah Taylor Tate, will depart the FCC at year's end. President Bush's renominations of both Commissioner Tate, a Republican, and Democrat Jonathan Adelstein to new five-year terms have been awaiting Senate action since last year. Tate's term expired June 30, 2007, and was renominated by President Bush in June 2007. Without confirmation, she remains on the FCC until Congress formally adjourns for the year, probably in December. Commissioner Adelstein's term ended June 30, 2008; he will remain on the FCC through the end of 2009 if the Senate doesn't act. Several sources said the confirmation delay is tied to congressional Democrats' unhappiness with FCC Chairman Kevin Martin and their desire to take control of the five-member commission if Sen Barack Obama wins the presidency. A new president could replace the Republican Martin as FCC chairman with one of the Commission's Democrats, with or without Tate's confirmation. The confirmation is being delayed because there is uncertainty about whether Chairman Martin will follow recent past practice and quit as a commissioner, as Michael Powell did in 2005. If Commissioner Tate were reconfirmed and Chairman Martin chose to complete his term, which ends June 30, 2011, Democrats would have the chairmanship, but Republicans would temporarily keep their 3-to-2 commission majority. Holding off on Tate's nomination assures Democrats of immediately getting an FCC majority.