Sohn Vows to Be Independent, Fair on Broadcast Issues

Committee members urged Sohn to commit to recusing herself from some proceedings, including those involving the shuttered sports rebroadcaster Locast. She was a board member for Locast operator Sports Fans Coalition (see 2112090058).

Sens. Jon Tester, D-Mont., and Kyrsten Sinema, D-Ariz., two potential swing votes, questioned whether the nominee's prior work might affect her broadcast views. Sinema asked if Sohn would “harbor any biases against parties associated” with the Locast settlement case and whether she would be able to perform duties in an “independent and fair manner towards all parties.”

Sohn said she has always worked in an “independent and fair manner,” including during her time with the FCC, 2013-16. “If confirmed, I would harbor no biases against the parties associated with the lawsuit against Locast, and I would be able to perform my duties in an independent and fair manner towards all parties,” she wrote Sinema.

She told Tester she believes “strongly” that “local broadcasting is vital to the lifeblood of every community -- providing local news and information and critical emergency services free to every American. It is the bulwark against misinformation and toxic online culture, and I am committed to ensuring that it grows and thrives.” Sohn said she would approach broadcast issues in a way that promotes broadcasters’ “competitiveness, resiliency, and diversity.” She told Sen. Roy Blunt, R-Mo., who also asked about Locast, that she plans to meet with local broadcasters to “discuss how the FCC can help them be more competitive, resilient and diverse.”

Senate Minority Whip John Thune, R-S.D., drew attention to President Joe Biden’s executive order on competition. The EO encourages the FCC to increase regulation of broadband access to residential and office buildings, Thune noted. A notice of inquiry on the recommendation raises potential concern the FCC is taking direction from the White House on telecom policy, said Thune. He asked if Sohn supports the EO recommendations and what engagement she had with the White House and the transition team in developing the EO. Sohn told him she supported the suggestions as a public interest advocate and as a staffer to former FCC Chairman Tom Wheeler. She said she hasn’t engaged with the White House or transition team “in either developing or reviewing policy, writing or otherwise contributing policy for any version of the" EO.

Thune asked about the FCC’s role regarding Communications Decency Act Section 230 and whether Sohn supports congressional efforts to address online transparency, referencing his Platform Accountability and Consumer Transparency Act (S-797). Sohn told him the FCC doesn’t have the authority to interpret Section 230. She signaled support for Congress addressing online transparency and noted her favorable public remarks for the Pact Act.

Sinema asked about the FCC’s role in copyright. Sohn said courts, the Copyright Office and Congress have consistently affirmed the commission lacks jurisdiction over copyright policy. If confirmed, Sohn said she would “commit to ensure that the FCC does not seek to extend the bounds of its jurisdiction to matters of copyright.”

Sinema asked how Sohn would work to ensure the FCC produces accurate broadband maps in a timely manner. Sohn said she plans to work closely with Chairwoman Jessica Rosenworcel and the commission to ensure maps are produced “accurately and expeditiously.” Sohn said she’s “delighted” the agency recently signed “a contract for the broadband serviceable location fabric, which indicates where broadband can be deployed. The next challenge is to obtain the data from broadband providers which indicates where broadband is currently deployed. I would like to assist in obtaining this critical information from the providers in an expeditious manner.”

Sohn told Sinema it should be a commission priority to implement a final rule for the affordable connectivity program within the time frame established by the Infrastructure Investment and Jobs Act. The IIJA requires the agency to “promulgate a regulatory framework to implement the program within one year,” Sinema noted. Sohn said it’s her understanding the FCC has taken initial steps to “transition the Emergency Broadband Benefit Program to the Affordable Connectivity Program.” Sohn said she would look forward to working with the commission to meet IIJA’s statutory deadlines.

Another potential Senate Commerce swing vote, Jacky Rosen, D-Nev., didn’t submit questions for the record.