FCC nominee's job could lead to recusal on telecom merger

[SOURCE: USAToday, AUTHOR: Paul Davidson]
Robert McDowell, a Republican nominee for the Federal Communications Commission might have to disqualify himself from voting on the proposed AT&T-BellSouth merger, allowing the Democrats to press for tougher conditions on the deal, some telecom lawyers say. McDowell is assistant general counsel for Comptel, a trade group that represents small rivals to the big local phone companies. The group opposed the recently approved AT&T-SBC and Verizon-MCI mergers, and its CEO, Earl Comstock, has expressed disdain for the latest proposed deal. If Comptel formally opposes the deal before the FCC, McDowell and the agency's ethics officer would have to consider whether to recuse himself from the vote, experts say. Yet, some lawyers say it's unlikely that McDowell would recuse himself even if Comptel formally opposed the merger. Government ethics rules are fuzzy. They say a government employee who worked for an organization within the past year should not participate in a case involving that group if it would “cause a reasonable person” to “question his impartiality.” Complicating the issue is that it's unclear which side McDowell would help. He could side with fellow Republican, FCC Chairman Kevin Martin, who favored no conditions on the recent phone mergers. Or he could back the more antagonistic views of his former employer Comptel, and the Democrats. Depending on what Comptel believes McDowell will decide, the group could determine whether he votes or not. It could oppose the deal, increasing the chances he will be recused. Or it could remain silent, making it likely McDowell will participate.
http://www.usatoday.com/printedition/money/20060309/2b_mergerfcc09.art.htm

* For more on McDowell's nomination and today's hearing, see: http://commerce.senate.gov/hearings/witnesslist.cfm?id=1794