Republican FCC Commissioner Kathleen Q. Abernathy said today she is resigning from the commission as of Dec. 9.

Abernathy, who has served on the commission since 2001, is not seeking another term and must leave the agency when Congress adjourns.

Abernathy yesterday sent a letter to President Bush informing him of her plans. Bush just last week nominated Deborate T. Tate to fill the seat left empty when Kevin Martin took over as chairman after Michael Powells departure.

Abernathys departure and Tates expected Senate confirmation will leave the commission with the same balance of seats it has had since February two Republicans and two Democrats, and one empty seat.

Requests for comment about Abernathys departure and her future plans were not immediately returned.