Dingell asks about looming tie votes at FCC, finally.

In a letter sent to the companies Tuesday, Dingell noted that the five-member FCC could be forced to operate with just four commissioners - two Republicans and two Democrats - as early as November, and they could split votes on controversial decisions.

Currently, the commission consists of three Republicans and two Democrats, but Republican Commissioner Deborah Taylor Tate's term ends when Congress ends its current session. A new commissioner likely won't be appointed until after a new administration and Congress begins next year.

I've written about this before, and the folks at Communications Daily were on it over a month ago. But many FCC-watchers are neglecting to mention the fact that Tate was supposed to have been gone last week, the 26th having been the date that the House was to adjourn sine die (ending the 110th Congress). The Senate, on the other hand, will be holding pro forma sessions to prevent President Bush from replacing Tate with a recess appointment.

Another thing -- if Sen. Obama wins the election, there is a good possibility that Chairman Martin (K-Mart) may resign, leaving room for Obama to elevate either Michael Copps or Jonathan Adelstein to the Chairmanship, or bring in his own man in addition to replacing Tate's GOP-held seat (the FCC cannot have more than 3 of the same party).

But this may not happen until March, so the FCC will be operating 2-2. And currently, forbearance petitions (requests for the FCC to waive rules) are deemed granted if the Commission doesn't act, or there is a tie vote (say the Telcos). Dingell wants to know why a regulation should be automatically waived in the case of a tie (or no vote), as opposed to requiring an affirmative vote before granting forbearance.

Good question. .

Good question.