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FCC attorney clears holdout Commissioner to vote on AT&T-BellSouth Merger

December 11, 2006

Late Friday, FCC General Counsel Sam Feder issued an opinion that holdout Republican FCC Commissioner Robert McDowell was free to vote on the $84 billion BellSouth AT&T merger.

Citing a potential conflict of interest with previous employment with an organization that opposed the merger, McDowell had been holding out. Yet in Feder's memo, he said that a decision permitting former FCC Commissioner William Kennard to vote on television regulatory matters even though he had previously been an executive with the National Association of Broadcasters set appropriate precadent for letting McDowell vote.

McDowell said he was "reviewing the opinion," and was anticipating reading the response of Feder to a letter from ranking Senate Commerce Committee John Dingell (d-Mich.) asking for responses to 15 questions and requests for documents on how Feder planned to make the decision to allow McDowell to vote.

If McDowell votes, it will likely be at the next FCC meeting on December 20.

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