The Federal Communications Commission is supposed to be made up of five independent members who serve in the public interest.
But FCC chair Kevin Martin, a Bush White House retainer who reportedly entertains notions of running for the governorship of his native North Carolina with a campaign war chest full of telecommunications-industry contributions, is now attacking the basic structures of the FCC in order to deliver for the corporations he hopes will someday be his political benefactors.
Martin has ordered the commission’s lawyers to come up with a scheme that would force another Republican commissioner, Robert McDowell, to “unrecuse” himself from a voting on a massive merger between telecommunications giants AT&T and BellSouth.
Prior to joining the commission in June, McDowell represented a telecommunications corporation, CompTel, that has engaged in lobbying with regard to the merger. As such, McDowell has a classic conflict of interest. He acted appropriately when he recused himself from the merger vote.
Martin, who still hopes to secure FCC approval of the merger this year, is now trying to get McDowell to act inappropriately — and, presumably, in a manner that will please Martin’s corporate masters.
Martin’s move has already drawn rebukes from members of Congress who follow telecommunications issues. “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,” said Representative Ed Markey, D-Massachusetts, a key player on the House Energy and Commerce Committee who is seeking the chairmanship of the Subcommittee on Telecommunications and the Internet. “Agency Commissioners must exercise independent, impartial, and unbiased judgment in matters before the Commission.”
Pennsylvania Democrat Mike Doyle, another well-regarded member of the Subcommittee on Telecommunications and the Internet, wrote to Martin that, “While I take no position on the merger proceeding itself, I feel very strongly that this request to unrecuse Commissioner McDowell would set the Commission on a treacherous course toward an unacceptable precedent.”
“The recent November elections were, in part, about holding our government officials to the highest ethical standards,” added Doyle. “When public servants have identified and recused themselves from legitimate conflicts of interest, they should be commended for upholding the highest standards of public integrity that are required of all government appointees. The recusal option gives the public the fullest possible confidence that agency appointees and other public servants will impartially decide upon the issues before them.”