WASHINGTON (AP) – Republican Kathleen Abernathy said Thursday she will leave the Federal Communications Commission early next month, which could leave the five-member commission with two open seats and give Democrats a temporary 2-1 majority.

Abernathy has served for four years. Her term actually expired last year but under federal rules she could stay on until next month. She plans to leave the job Dec. 9.

The FCC already has one vacancy, leaving a 2-2 split between Republicans and Democrats. Abernathy’s departure could leave the FCC in an unusual position of having a Republican chairman and two Democratic commissioners if the Senate doesn’t act quickly on the nomination of Republican Deborah Tate.

The chairman of the Senate Commerce Committee, Ted Stevens of Alaska, has said his panel probably won’t act on the nomination before Dec. 12. And with the Senate considering a Supreme Court nominee and a nomination for Federal Reserve chairman, it’s not clear how fast the chamber would act on Tate’s nomination.

President Bush last week announced his intention to nominate Tate, a Tennessee regulator, and renominate Democrat Michael Copps to serve on the commission. Copps, whose term expired this summer, can serve until the end of next year.

Tate would fill the vacancy created by the March departure of Chairman Michael Powell.

Though the White House has known for months that Abernathy would be leaving, no one has been picked to replace her. Stevens, whose committee oversees the FCC, has suggested some candidates for the president to consider.

Prior to her FCC appointment, Abernathy was vice president of public policy at BroadBand Office Communications, Inc. Before that, she was a partner at the law firm of Wilkinson Barker Knauer.

She has said she wants to spend more time with her family, but would also like to continue working in the telecommunications industry.

Abernathy has been a strong supporter of market-based solutions in the industry, as opposed to regulation. She also has been a strong proponent of a hands-off approach to regulation for budding technologies such as Internet-based phone calls known as Voice over Internet Protocol, or VoIP.

Industry praised her leadership at the FCC. “She has recognized that changes in technology and the market will serve the best interests of consumers,” said Thomas Tauke, Verizon executive vice president of public affairs, policy and communications.

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