The second letter was sent to other members of the FCC after McCain had
not received a reply from Kennard.
"The sole purpose of this request is to secure final action on a matter
that has now been pending over two years," McCain wrote. "I emphasize
that my purpose is not to suggest in any way how you should vote --
merely that you vote."
This letter was crucial because the deal among Paxson and the two other
parties was set to expire. Without action by mid-December, the deal
could be dead, Paxson said.
McCain wrote that he expected the commissioners "to advise me in writing
no later than close of business Tuesday, December 14, 1999."
On Dec. 14, Kennard wrote back, warning McCain that he had breached FCC
policy.
"Your letter," Kennard wrote, "comes at a sensitive time in the
deliberative process as the individual commissioners finalize their
views and their votes on this matter. I must respectfully note that it
is highly unusual for the commissioners to be asked to publicly announce
their voting status on a matter that is still pending."
Another commissioner, Gloria Tristani, who now practices law in
Washington, said McCain's interference was offensive. She noted that, in
the Paxson matter, the commission was serving as a quasi-judicial body.
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