"Given that the attorney general and inspector general have closed their investigations and found no violations of law, the appointment of a special prosecutor is unnecessary," Spitzer spokeswoman Christine Anderson said.

Investigations Committee Chairman George Winner, a Republican senator from Elmira, said naming a special prosecutor was "the bipartisan, responsible way to move forward."

Winner said he was surprised Spitzer "continues to stonewall," adding, "I just think that's unfortunate because this whole thing will continue to fester."

In a report last week, Attorney General Andrew Cuomo found that two top Spitzer aides had, with the help of the State Police, gathered information about Senate Majority Leader Joseph Bruno's use of state vehicles in New York City and released it to the media. They were attempting to smear Bruno's reputation, the report said. The aides did not break any laws, nor did the GOP senator's use of the helicopter, Cuomo found.

Spitzer, a Democrat, has said repeatedly that he did not know what his staffers had done. He apologized and disciplined two of them.

Monday, Winner said he sent a letter to Spitzer earlier in the day requesting the governor appoint Cuomo as a special prosecutor "with full subpoena power" to investigate the administration's alleged misuse of the State Police.

In the letter, he said such an inquiry could assure the public Spitzer was not involved.

Winner said the special prosecutor could also be someone appointed by Cuomo.

The scandal came to light after Cuomo released his report last week that two of Spitzer's appointees ?Darren Dopp, communications director, and Richard Baum, secretary to the governor ?declined to be interviewed by Cuomo's investigators. Instead, they submitted sworn statements. Baum has said he was not aware of what Dopp, who was placed on unpaid leave indefinitely, and William Howard, deputy homeland security secretary, were doing. Howard has been reassigned to a position outside Spitzer's office.

Last week, the state Ethics Commission announced its own investigation into the matter.

But Winner questioned the commission's independence, noting members are appointed by the governor and the body has limited jurisdiction. Spitzer has made one appointment to the five-member commission and nominated a current member when he was attorney general.

Meanwhile, Anderson said the governor's office has turned over records to the Ethics Commission. She said the records were delivered Friday and are the same e-mails and other documents turned over to the Attorney General's and Inspector General's offices. They include e-mails involving Baum.

The Attorney General's Office declined to comment on Monday's developments. "The findings of our report speak for themselves," said Jeffrey Lerner, a spokesman for Cuomo.

Bruno said in a statement Monday that he was disappointed the governor rejected the call for a special prosecutor.

"In light of this, the Senate will continue to review all options that are available to assure that we get to the truth and to assure that all who were involved in this unfortunate situation are held accountable."

In a big win for independent labels, AT&T Mobile Music is offering nearly all of eMusic's 2.7 million digital tracks on compatible AT&T handsets. In addition to eMusic being notable for focusing exclusively on independent labels, eMusic's distinction over the last few years has been that it does not wrap its music in digital rights management (DRM).

In its first deal with a mobile network, eMusic announced on Tuesday that it will sell its independent-label music through AT&T Mobile Music.

After iTunes, eMusic is the largest online music seller. Nearly all of eMusic's 2.7 million songs will be available through the AT&T service, which initially will be compatible only with the Samsung Sync (A717 or A727) and the Nokia N75 handsets.

The new service will cost $7.49 monthly for access to five songs. Subscribing to eMusic from a PC costs $9.99 monthly for 30 downloads, a lower per-song cost. But the company said that the price-per-song difference relates to the additional expense of sending the music over a mobile network.

Discovering New Music

The majority of online music services provide a wide range of titles, emphasizing artists on major recording labels, while eMusic only provides music from independent labels. These labels can be small companies that handle several artists or musicians acting as their own label.

While most independent-label songs on eMusic are by obscure musicians, some are by well-known ones, such as Johnny Cash, Ray Charles, Miles Davis, Bob Marley, and Creedence Clearwater Revival.

On Monday, eMusic released a survey showing that 84 percent of its subscribers "felt they discovered music they would not otherwise have known about," and 61 percent said they buy music from the service they would not have otherwise bought.

Creating a mechanism for discovering new music is the single biggest obstacle remaining for independent-label musicians, observed Forrester analyst James McQuivey. For major labels, he said, this fan development is usually accomplished on the radio. Independent labels "haven't been a big player" in the music-over-cellphones market so far, he said, which could change with the eMusic-AT&T deal.

No Digital Rights Management

Gartner analyst Mike McGuire noted that, in addition to being notable for expanding the pool of available music to include the little guys, eMusic's distinction over the last few years has been that it does not wrap its files in digital rights management (DRM) technology. Without DRM, songs can shared more widely among devices and friends -- and McQuivey noted that there aren't any devices more sociable than a mobile phone.

Gartner's McGuire also noted that eMusic songs delivered over AT&T will be available in the AAC file format, which provides for small file sizes. But eMusic will also make an MP3 version of a purchased song available for download to a subscriber's computer, and those songs could be transferred from a computer to a phone.

When it was originally founded in 1998 as GoodNoise, the company noted that it was the first to sell music in MP3 format. Its ownership has traded hands a few times, and eMusic is now owned by Dimensional Associates, the operating company for New York-based investment firm JDS Capital.