Adelstein to stay on FCC at least a few more months

FCC Commissioner Jonathan Adelstein is expected to remain on the commission at least through most of the year, because it appears increasingly likely that Congress will return for a lame-duck session after the election.

Adelstein, who is completing the Democratic term on the commission started by former FCC Commissioner Gloria Tristani, must vacate his FCC post when Congress adjourns for the year unless he is reappointed. Although there is bipartisan support in the U.S. Senate to confirm Adelstein’s reappointment, President George W. Bush reportedly will not renominate Adelstein until Democratic senators allow the confirmed confirmation of several pending Republican appointees in various positions.

Absent a reappointment, Adelstein was expected to depart the FCC at the beginning of October, when Congress initially was scheduled to adjourn for the year. However, multiple sources indicate that Congress likely will return after the November election to possibly address issues such as transportation, health care, defense and intelligence. In addition, if Bush is not re-elected, many believe Republican lawmakers will try to push legislation during the late session that Democratic presidential nominee John Kerry might veto.

Adelstein would remain on the FCC at least until the lame-duck session concludes, greatly increasing the likelihood he will participate in the formulation of rulings on significant telecom issues such as voice-over-IP regulation and permanent rules for unbundled network elements (UNEs). In addition, some Beltway sources believe it will be easier for Adelstein to be permanently reappointed after the presidential election, regardless who wins.