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TOP DEMOCRATS EYE EMPTY FCC SEAT

BY ERIK WEMPLE

These days the FCC is working shorthanded because only four of its five commissioners have been appointed and confirmed. Just who will occupy the vacant seat, which is reserved under commission rules for a Democrat, is preoccupying some heavy hitters on Capitol Hill.

On Nov. 1, Andy Levin, an aide to 24-term Rep. John Dingell (D-Mich.), withdrew his name from consideration to fill the vacancy left by the departure of former commissioner Gloria Tristani. In a statement, Levin stated that his candidacy lacked the ?support of the chairman of the Senate Commerce Committee.?

The committee chairman, Sen. Ernest Hollings (D-S.C.), opposes Dingell's efforts to loosen restrictions on the provision of broadband services by the regional Bell companies. Dingell teamed up with House Energy and Commerce Committee Chairman Rep. Billy Tauzin (R-La.) on the broadband legislation. ?Hollings didn't want Andy because he helped draft Tauzin-Dingell,? says a congressional source.

Says consumer advocate Andrew Jay Schwartzman: ?Levin is seen, rightly or wrongly, as an arm of the Bell companies and not having an independent stance on the particular issues.?

With Levin's withdrawal, Jonathan Adelstein, an aide to Senate Majority Leader Tom Daschle (D-S.D.), has emerged as a leading candidate for the position. Adelstein did not return a call for comment.

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