Tate, Adelstein Stuck in Election-Year Limbo at FCC

By Ira Teinowitz

Chances for a Senate vote this year reconfirming two Federal Communications Commission members to new terms appear to be evaporating as Congress exits Washington for the August recess. The lack of action suggests one commissioner, Deborah Taylor Tate, will depart the FCC at year’s end.

President Bush’s renominations of both Ms. Tate, a Republican, and Democrat Jonathan Adelstein to new five-year terms have been awaiting Senate action since last year.

Ms. Tate joined the commission in 2005, filling a term that expired June 30, 2007, and was renominated by President Bush in June 2007. Without confirmation, she remains on the commission until Congress formally adjourns for the year, probably in December.

Mr. Adelstein’s term ended June 30, 2008; he will remain on the commission through the end of 2009 if the Senate doesn’t act.

Both commissioners declined comment.

The Senate still could act when it returns this fall.

Several sources said the confirmation delay is tied to congressional Democrats’ unhappiness with FCC Chairman Kevin J. Martin and their desire to take control of the five-member commission if Sen. Barack Obama wins the presidency.

A new president could replace the Republican Mr. Martin as FCC chairman with one of the commission’s Democrats, with or without Ms. Tate’s confirmation. The confirmation is being delayed because there is uncertainty about whether Mr. Martin will follow recent past practice and quit as a commissioner, as Michael Powell did in 2005.

If Ms. Tate were reconfirmed and Mr. Martin chose to complete his term, which ends June 30, 2011, Democrats would have the chairmanship, but Republicans would temporarily keep their 3-to-2 commission majority.

Holding off on Ms. Tate’s nomination assures Democrats of immediately getting an FCC majority, the sources said.

Capitol Hill officials declined to publicly state any reason for the delay and noted that other Bush appointees’ confirmations also have been delayed in anticipation of the November election.

Ms. Tate, a former Tennessee utility commissioner, joined the FCC early in 2006 and has been an outspoken proponent of children’s issues on the commission, including concerns about food advertising. She previously was legal counsel and senior policy adviser to two Tennessee governors.