The FCC's Revolving Door

Kathleen Q. Abernathy

The departure of Commissioner Kathleen Q. Abernathy from the FCC leaves Republican Chairman Kevin Martin in the same boat as he’s been for nearly a year — with a quorum, but not a majority. Abernathy left the commission in December, after nearly five years. Her resignation was expected.

Abernathy did not indicate what she planned to do post-FCC and experts found it difficult to speculate. Abernathy has worked in several industries, from the RBOCs to law to various positions at the FCC.

“She’s had a multifaceted career so far. She’s had a wide variety of experience that would presumably enable her to fit in in a lot of different slots,” says Colleen Boothby, an attorney for Levine, Blaszak, Block & Boothby LLP, which specializes in telecom.

Martin will continue working with Democratic Commissioners Michael J. Copps and Jonathan S. Adelstein, and should have newly appointed Deborah T. Tate as a fellow Republican, provided the Senate confirmed her as expected last month after press time. Tate is a lawyer in Tennessee who is in the midst of a six-year term as director of Tennessee’s Regulatory Authority. That body sets rates and service standards for private telephone, natural gas, electric and water utilities.

Meanwhile, Sen. Ted Stevens (R-Alaska), who serves on the Subcommittee on Communications, reportedly has sent some names to the White House of possible replacements for Abernathy.

“My rule on FCC commission appointees is that it’s always someone you least expect,” Boothby says. “It tends to be a plum appointment, but one where the White House has some flexibility. They aren’t just limited to some tiny little group of proven experts.”