A memo from FCC general counsel Samuel Feder may not be enough to get FCC Commisioner Robert McDowell to vote on the AT&T-BellSouth merger. McDowell recused himself because he had been a lobbyist for an association opposing the merger. He issued a statement saying that he is reviewing the decision but urging his colleagues and the companies to “resolve their differences in the same amicable and unified manner they did in the similar merger between SBC and AT&T just last year.” Feder cite a section of code that says the government’s need for an employees participation “outweighs the concern that a reasonable person may question the integrity of the agency’s programs and operations.” The head of the Office of Government ethics called it “a very, very close call” and said he would not authorize it but that the FCC was within its rights and he would not criticize the decision. Even if he agrees with the authroization, McDowell can still abstain essentially leaving the deadlock in place. (via Reuters.)