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FCC Commissioner Robert M. McDowell, decided to recuse himself from voting in the AT&T-BellSouth merger. Reading his statement [.pdf], it doesn't even seem like a close call.

Here's the bottom line:

We must never lose sight of the fact that the ultimate shareholders in every endeavor we embark upon are the American people. In this vein, it is incumbent upon every public servant to do all that he or she can to earn the public’s trust in the integrity and impartiality of their government.

In light of these factors, I find that I have no choice but to abide by the terms of my Ethics Agreement, heed the independent advice of OGE and my personal ethics counsel, and, ultimately to follow my own personal sense of ethics. Accordingly, I disqualify myself from this matter.

And here are a couple more highlights:

I have [] tried hard to encourage some of my colleagues on the Commission to negotiate in good faith – sadly, to no avail.

And

[Prior to my Senate confirmation] FCC’s Office of General Counsel (OGC) prepared on my behalf an Ethics Agreement, which states, “upon confirmation, Mr. McDowell will resign his position with COMPTEL and will for one year following his resignation disqualify himself from participating in any particular matter involving specific parties in which COMPTEL is a party, or represents a party.”

Then, despite this, FCC Chairman Martin directed FCC General Counsel Samuel Feder to consider whether the Government's interest would be served by permitting McDowell to participate in the merger vote. McDowell describes Feder's response thus:

. . . the Authorization Memo is hesitant, does not acknowledge crucial facts and analyses, and concludes by framing this matter as an ethical coin-toss frozen in mid-air . . . I expected the legal equivalent of body armor, [but] I was handed Swiss cheese.

McDowell's statement [.pdf] is a remarkable document. I think he will make a fine Commissioner.

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