Robert M. McDowell

Commissioner of the Federal Communications Commission (since June 2006)

(Lois Raimondo/TWP)

Why He Matters

When McDowell joined the five-person board of the Federal Communications Commission (FCC) in June 2006, he was expected to solidify the Republican presence as the third GOP member. But he has shown an independent streak.

Maybe that's why President Barack Obama nominated McDowell for another term on the FCC. McDowell helps decide agency policies regarding the regulation of television, Internet and radio. The commission also distributes broadband access to companies and approves or disapproves media mergers and acquisitions. McDowell's new five-year term ends in 2014.

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Background

At a Glance

Career History: Vice President at Comptel (1999 to 2006); Vice president and general counsel at America's Carriers Telecommunications Association (1995 to 1999); Helein & Associates
Birthday: June 13, 1963
Hometown: Vienna, Va.

Alma Mater: Duke University, 1985; College of William and Mary, J.D., 1990
Spouse: Jennifer
DC Office: 445 12th Street SW Washington, DC 20554; Phone: (202) 418-2200

Path to Power

McDowell grew up on a small farm in Vienna, Va., the same place he now raises his own family. His mother worked as a public relations executive at the Washington Post while his father, Hobart, aka Bart McDowell, was an author and senior editor at National Geographic. He wrote on various subjects including the American cowboy, gypsy culture and Mexico.

But Robert McDowell didn't follow in his father's footsteps, deciding to attend college at Duke University, where he graduated in 1985. Upon graduating, McDowell became a legislative aide to Virginia House Delegate Robert T. Andrews (R-McLean). McDowell stayed for two years before returning to school. In 1990, he earned a J.D. from Marshall-Wythe School of Law at the College of William and Mary.

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The Issues

The FCC can only have three members from the same political party and McDowell is in the minority as one of two Republican commissioners. The FCC regulates a variety of communication mediums, which include television, Internet and radio. The agency also oversees broadband technologies and approves media ownership.

One of the first tasks for McDowell in his new term will be to help the FCC develop a national strategy to expand broadband to areas within the United States that have little to no coverage. The $787 billion stimulus package passed in 2009 included $7.2 billion for that project.

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The FCC delivered its proposal to Congress in March 2010. The 360-page document contained nearly 200 policy recommendations for the FCC and other agencies to implement over the next decade.

Net Neutrality

Despite other more independent decisions, McDowell sided with Republicans on net neutrality. After FCC Chairman Julius Genachowski released his proposal in December 2010, McDowell was quick to condemn it, calling it "highly interventionist."

Net neutrality is principle that Internet service providers (ISPs), mainly telecommunications companies or governments, may not restrict the use of content, sites, platforms, or the kinds of equipment that may be attached to their cable lines.

The plan was approved on a party-line vote on Dec. 21, 2010, with the three Democratic commissioners supporting it, and the two Republican commissioners, including McDowell, opposing it. A court challenge, as well as a congressional one, was expected.

The plan would prevent big telecom companies from serving up some web sites (such as ones they owned, or partnered with for content) at a faster pace or with better-quality images. But it would not recategorize those broadband companies, thus weakening the government's overall ability to police them.

Controversial Decisions

In 2006, when McDowell joined the FCC, the agency had two Republicans and two Democrats. McDowell was seen as the third Republican who could break many of the 2-2 ties that had accumulated over 2005. The chairman at the time was Kevin J. Martin (R), and he had long been pushing to require cable companies to offer more digital broadcast channels. Three weeks into his new seat, McDowell sided against Martin and concluded the FCC does not have the authority to enforce such a measure.

Later in the year, Martin tried to convince McDowell to weigh in on another controversial issue: An $86 billion merger between AT&T and BellSouth. The two other Republicans on the board approved of the merger while the Democrats did not. McDowell recused himself from the vote, due to his work at CompTel, which represented many rivals of AT&T and BellSouth. But the 2-2 stalemate on the board continued for more than two months. Martin tried to employ rare cases of precedent that allowed commissioners who have been recused from the vote to settle a knotted dispute. The FCC general counsel said McDowell could cast the deciding vote. But McDowell would not partake in the decision, citing his ethics agreement with the Senate and advice from the Office of Government Ethics. "It appears that the lingering question of my involvement is being used as another excuse for delay and inaction," said McDowell when declining the offer to vote.

A few days later, AT&T sent a letter to the FCC outlining new conditions for the proposed merger, and the commission approved it, 4-0.

FCC Audit

In January 2009, McDowell called for an audit of the FCC's operations, finances and ethical practices and also wanted the agency to consider restructuring itself. The goal would be to make the FCC more transparent and allow for quicker decisions. One practice that previous chairmen followed was to prohibit deputy bureau chiefs and division chiefs from talking to anyone about the subjects they were working on, including commissioners, unless the head of the agency specifically approved the discussions. McDowell wanted to end that form of bottleneck. He also called for posting pending decisions in an easy-to-read format online.

"It is important that we cooperate with each other to foster open and thoughtful consideration of potential actions well before jumping into the drafting process," said McDowell. "The bottom line is simple: No commissioner should learn of official actions through the trade press. Maybe we could call this our 'leave no Commissioner behind' program."

McDowell sent a letter advocating an audit of the FCC to Chairman Julius Genachowski in July 2009. The issue is still pending.

The Network

McDowell works at the FCC alongside Chairman Julius Genachowski and fellow commissioners Michael Copps (D), Meredith Attwell Baker (R) and Mignon Clyburn (D).

In 2000, McDowell worked on the Bush-Cheney campaign's legal team after the presidential election while Florida recounted the state ballots.

Campaign Contributions

McDowell has donated more than $2,500 to political campaigns since 1999, all of which has gone to support Republican candidates. In 1999, McDowell donated $950 to George W. Bush's first presidential campaign.

Additional Resources