McDowell mum on AT&T-BellSouth Merger

FCC OFFICIAL MUM ON AT&T-BELLSOUTH MERGER
[SOURCE: C-Net|News.com, AUTHOR: Anne Broache]
Federal Communications Commission Commissioner Robert McDowell, who may hold the deciding vote on a pending merger between AT&T and BellSouth, declined to say Wednesday whether he plans to participate in the process. Analysts scrutinizing the deal's progression have speculated that he would recuse himself from the decision on whether to approve the controversial $80 billion deal. Commissioner McDowell spent seven years as an executive with the trade association Comptel, which lobbies for competitors of the Bell telephone companies, before assuming the FCC post six months ago. But now that the FCC has thrice postponed its vote because the remaining two Democrats and two Republicans are reportedly at an impasse on conditions for the deal, some have said he may be forced to weigh in. Following a luncheon speech at an event hosted by the Federal Communication Bar Association, Commissioner McDowell told reporters he had "no news" to report on the deal -- or on how the FCC plans to address the hot button issue of Network Neutrality. Letting the marketplace trump government regulation was a recurrent theme in his 11-minute speech to representatives from communications companies and law practices. Sometimes government must step in to address market failures, he said, but those actions must be "narrowly tailored and sunsetted." Commissioner McDowell did, however, issue a vague warning to companies contemplating interference with consumers' ability to access and upload content as they please. "Those who act to frustrate this new wave of democracy do so at their own peril," he said.
http://news.com.com/FCC+official+mum+on+ATT-BellSouth+merger/2100-1036_3-6135912.html?tag=nefd.top

* McDowell Wary Of Intervening In Merger
FCC Commissioner Robert McDowell told reporters that he is concerned about potentially running afoul of ethics guidelines if he participates in agency negotiations on the pending AT&T, BellSouth merger. Asked whether he is worried about violating federal conduct laws and the Virginia Bar's conflict-of-interest rules, he said, "We want to make sure that whatever I do is of the highest ethical standard, so absolutely." The GOP commissioner is admitted to practice law in Washington, D.C., and Virginia. The latter prohibits lawyers who are public officers from involvement in matters where they "participated personally and substantially while in private practice," except where allowed by law. Federal rules impose similar restrictions, but they can be lifted for a compelling government need. For months, McDowell has been acting as if recused from FCC deliberations on the largest telecommunications transaction in U.S. history because he previously was an attorney and lobbyist for CompTel, an industry association representing Bell company competitors. McDowell, who spoke to reporters following a speech to the Federal Communications Bar Association, declined to comment on whether he would prefer to stay out of the talks. "I'm not going to answer that one." He said he "theoretically" could join the negotiations after June 1, 2007, when his one-year recusal under federal rules expires.
http://www.njtelecomupdate.com/lenya/telco/live/tb-BWEL1163704347712.html