FCC Chairman Kevin Martin may face an uphill road implementing telecommunications policies during the rest of the year as he wrestles with major issues without a Republican majority.
FCC Chairman Kevin Martin
The commission, which should have three Republicans and two Democrats under the Bush administration, has one vacancy that dates back to this year’s departure of Martin’s predecessor, Michael Powell. Adding to the personnel shuffle at the federal agency is the impending exodus of Republican Commissioner Kathleen Abernathy. Abernathy, who has served on the commission since 2001, is not seeking another term and must leave the agency when Congress adjourns.
FCC Commissioner Kathleen Abernathy
Her departure would leave Martin with three commissioners, including himself and two Democrats – Commissioners Michael Copps and Jonathan Adeslstein. Further complicating matters, Copps’ term has expired, although he can serve about another year under a grace period and could be renominated in conjunction with the nomination of two Republicans at the commission.
It is unknown when the White House will name new commissioners to the FCC. But observers fear the nominations could get held up as lawmakers wrangle over the nomination of a Supreme Court Justice to replace Sandra Day O’Connor
Martin is viewed inside the Beltway as a consensus builder who can garner the support of the two Democrats. Still, some Washington insiders say it could be difficult for him to tackle dicey issues, such as the reform of intercarrier compensation, without knowing for certain he has enough votes to carry out his agenda.
“It’s kind of risky for [Martin] to take on some really tough stuff if he doesn’t have a majority,” says one insider. Dan Gonzalez, chief of staff for Martin, did not respond to a request for comment.
Martin faces another challenge beyond personnel changes. Blair Levin, an analyst with Legg Mason and a chief of staff in the 1990s under former FCC chairman Reed Hundt, says it is not easy for the commission to get things done while federal lawmakers are planning to reform telecommunications law.
“It's always tricky getting things done at the FCC at the same time that the Congress is contemplating a major rewrite,” Levin says. “But I think Martin has a number of things he wants to get done with regulatory parity, universal service, intercarrier compensation, media ownership and other issues.”
Levin says the FCC chairman has demonstrated “he knows how to move the agency in a non-partisan way and he might well be able to drive a consensus on some of these issues.” One example: the FCC unanimously voted to require Internet phone companies to deliver enhanced 911 capabilities.
“The number and views of FCC commissioners can always affect how easily a chair can further his agenda,” says Kyle Dixon, senior fellow and director of the Federal Institute for Regulatory Law and Economics with The Progress & Freedom Foundation. “That said, Chairman Martin has shown great ability to work cooperatively across party lines, so I still expect him to make progress on issues he's said are important, including broadband and public safety.”
For now, Martin & Co. are busy reviewing a number of telecommunications deals, including the $16-billion acquisition of AT&T Corp. by SBC Communications Inc. SBC expects the merger to close in late 2005 or early 2006 following regulatory approvals.
