In more FCC news, the commission has decided not to investigate telecom companies cooperation with the National Security Agency's (NSA) "warrantless wiretapping" program, due to comments by the Director of National Intelligence Mike McConnell. McConnell is reported as saying that such a probe would "pose an unnecessary risk of damage to national security."

U.S. Rep. Edward Markey has been pushing FCC Chairman Kevin Martin to open an investigation into possible privacy violations by national carriers on behalf of the NSA. The commission last month sent letters to AT&T, Verizon and BellSouth asking the companies to describe their involvement in the NSA's wiretapping program, including whether or not the agency had provided a subpoena for customers' records.

The Bush administration has admitted to listening in on and retrieving citizens' telephone and Internet records, but no details, such as how many customers were affected, have been released.

In response to Markey's letter to Martin, McConnell reportedly wrote, "The United States generally does not confirm or deny allegations about intelligence activities. That is because such disclosures could reveal information about intelligence sources, methods and capabilities, and in turn cause exceptionally grave damage to the national security."

Markey objected to McConnell's reasoning, saying that the FCC has the authority to investigate violations of privacy and that the commission could conduct such an investigation without compromising national security.

Markey responded to Martin's avoidance of investigating the telecoms' role in the government's surveillance program, writing, "Protecting the homeland is vital, but we can do so without undermining the essential privacy rights of American citizens. Congress clearly needs to get to the bottom of this and I will continue my efforts to do so."