Bush nominates three to FCC

(Telephony) President George W. Bush has nominated two Republicans and a Democrat to be FCC commissioners.

The nominees are Michael Copps, Kathleen Abernathy and Kevin Martin.

Copps, a Democrat, was nominated to serve the remainder of a five-year term ending June 30, 2004. From 1998 to 2001, Copps served as Assistant Secretary of Commerce for Trade Development. Previously he was Deputy Assistant Secretary of Commerce for Basic Industries from 1993 to 1998. In addition, he worked in the office of Sen. Fritz Hollings (D-S.C.) for 15 years.

Abernathy, who is being nominated to fill the remainder of a five-year term expiring June 30, 2005, is currently vice president of public policy for competitive local exchange carrier (CLEC) Broadband Office and was formerly a vice president with AirTouch Communications. In addition, Abernathy was with the FCC from 1992 to 1993, serving as legal advisor to Commissioner Sherry Marshall and legal advisor to Chairman James Quello.

Martin was nominated to serve a five-year term ending June 30, 2006. He is currently special assistant to the president for economic policy and was deputy general council of Bush for President. Martin served as legal advisor to Commissioner Harold Furchtgott-Roth from 1997 to 1999.

“I am pleased that the president has moved forward today to announce his new FCC Commissioner appointments,” said FCC Chairman Michael Powell. “Each of the three nominees--Kathleen Abernathy, Michael Copps and Kevin Martin--if confirmed by the Senate, will bring important experience and expertise to the commission, and I welcome the opportunity to carry out the responsibilities of the FCC with them.”

The nominations were made to fill the voids left by the departure of former Chairman William Kennard, a Democrat, and the pending departures of Susan Ness, also a Democrat, and Republican Harold Furchtgott-Roth. If all three nominees are confirmed, the makeup of the FCC will shift in favor of the Republican Party, 3-2.

According to Lawrence J. Spiwak, president of The Phoenix Center for Advanced Legal and Economic Policy Studies, the qualifications of these nominees make them stand out from some previous FCC nominees.

“What’s interesting, and I think what separates this crowd versus the last eight years, is at least you have some people that have industry experience as opposed to being large donors,” he said.

In terms of practice, however, Spiwak sees little change how the commission, which he considers incumbent-friendly, operates. Only the rationale will be different, he said.

Under the previous administration, the commission allowed reconcentration of cable operators and incumbent LECs (ILECs) and the premature entry of ILECs into the long-distance business in exchange for service commitments in areas such as wiring schools, Spiwak said.

A Republican-dominated commission will be similarly permissive toward incumbents but will be motivated by a belief that regulatory action in an evolving market is harmful, he said.