McDowell Plans To Consult Virginia Bar On Participation In Merger Review

MCDOWELL PLANS TO CONSULT VIRGINIA BAR ON PARTICIPATION IN MERGER REVIEW
[SOURCE: Technology Daily, AUTHOR: David Hatch]
FCC and industry sources say a decision is imminent from FCC General Counsel Sam Feder on whether or not Commissioner Robert McDowell can vote on the AT&T/BellSouth merger. But before deciding on his final course of action, Commissioner McDowell plans to consult with the Virginia Bar. A green light from Feder would give McDowell two-and-a-half weeks to review the matter in advance of a possible vote at the FCC's Dec. 20 public meeting, although the timing of the vote could slip. FCC observers believe that FCC Chairman Kevin Martin is moving now to ensure approval of the merger before Democrats take control of Congress in early January. The next scheduled FCC meeting is December 20. Commissioner McDowell, who is thought to have his eyes on the FCC chairmanship in the future, previously has voiced concern about violating conflict-of-interest guidelines. Gigi Sohn, president of the watchdog group Public Knowledge, said "It is unseemly to try to force the commissioner to violate the ethical constraints not only of the commission but of the Virginia Bar as well.
http://www.njtelecomupdate.com/lenya/telco/live/tb-JMJU1165265993207.htm...

* FCC chair acts to clear vote on telecoms by GOP panelist
http://www.usatoday.com/printedition/money/20061206/att06.art.htm

MARKEY SAYS MCDOWELL SHOULD ABSTAIN
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Soon to be Democratic House Telecommunications Subcommittee Chairman Ed Markey (D-MA) says he thinks FCC Commissioner Robert McDowell should abstain from voting on the AT&T/Bell South merger, even if he can. "If the FCC General Counsel takes action to compel Commissioner McDowell's participation," Rep Markey said Monday in a statement, "I strongly urge Commissioner McDowell to announce his intention to vote to abstain as a matter of principle." Calling a possible general counsel decision to clear Commissioner McDowell for the vote an "extraordinary notion for an independent, impartial regulatory agency," Rep Markey said the commissioners should conclude their review without a vote from McDowell, but not without "significant, enforceable consumer and competitive safeguards."
http://www.broadcastingcable.com/article/CA6397087?display=Breaking+News

* See Rep Markey's statement: http://markey.house.gov/index.php?option=content&task=view&id=2418&Itemi...

* Markey: McDowell Should Abstain on Merger
http://www.multichannel.com/article/CA6397091.html?display=Breaking+News

* Congressman balks at FCC move on BellSouth merger OK
http://www.ajc.com/services/content/business/stories/2006/12/04/1204bizb...