Senate Commerce Eyes Feb. 2 Vote on Sohn
Senate Commerce Committee officials are hoping they will be able to act next week on Democratic FCC nominee Gigi Sohn, after repeated delays in scheduling an advancement vote over the past two months. The committee is eyeing including Sohn and Democratic FTC nominee Alvaro Bedoya (see 2201240055) on the agenda for a potential Feb. 2 executive session, Senate aides and communications lobbyists told us. Opponents hope the delays resulted in traction for their ethics concerns about Sohn’s role as a board member for Locast operator Sports Fans Coalition (see 2201130071).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Sohn’s supporters cited unexpected changes in the Senate’s January schedule as the reason Commerce didn’t vote on her this month as planned (see 2201050056), rather than the calls by Senate Commerce ranking member Roger Wicker, R-Miss., and others for a hearing on Sohn’s connection to Locast’s $32 million lawsuit settlement. The panel had been eyeing a potential Wednesday executive session that could have included a vote on Sohn (see 2201070058). The Senate instead moved its recess to this week to make up for a break the chamber had previously planned to coincide with the Martin Luther King Jr. Day federal holiday.
Commerce Chair Maria Cantwell, D-Wash., wasn’t sure last week when the committee would be able to reschedule a vote on Sohn but emphasized she wanted to bring the nomination up as soon as possible. “There are lots of ways” to “clarify” and address concerns and questions from Wicker and others other than bringing Sohn back to testify before the committee, Cantwell told us. She stopped short of criticizing Wicker and other Republicans for amplifying the Locast issue. “I support getting [Sohn] through, and I think she’ll be an important voice on the FCC,” Cantwell said.
Incompas CEO Chip Pickering, who backs Sohn’s confirmation, told us he’s “confident she’ll be confirmed some time before March.” It “will take time” to confirm Sohn, but during her December confirmation hearing (see 2112010043) she “demonstrated a deep knowledge base and expertise” on communications policy that shows she’s “a well-qualified nominee” for an FCC seat, Pickering said. The FCC “needs a full” five-member complement to accomplish “the very important work of” improving its broadband coverage maps so $65 billion in connectivity money from the Infrastructure Investment and Jobs Act “can move forward as quickly as possible” and ensure it doesn’t fund overbuilding of existing networks.
It “does surprise me” that Sohn’s confirmation process became a lightning rod for opponents, since she’s “known for building coalitions and consensus on a bipartisan basis,” Pickering said. Some opposition “is generic” and not specific to Sohn in that Republicans have “concerns about not only the FCC but other independent regulatory agencies” coming under Democratic control. Opponents are also “concerned about a full FCC being able to move forward” on issues like bringing back the rescinded 2015 net neutrality rules that remain unresolved while the commission remains in a 2-2 deadlock, he said. “That type of proceeding creates partisan divisions and disagreements.”
Taxpayers Protection Alliance Telecom Policy Director Johnny Kampis believes the delays in advancing Sohn may be allowing the Locast issue to gain traction. The group is one of several that backed Wicker’s hearing request (see 2201200060). “Sometimes the way the gears of government grind slowly actually benefits American citizens,” Kampis told us. “In this case, the delays may allow more information to come to light that could” make Senate Democrats question whether Sohn is “the right person” to be an FCC commissioner. “We would encourage” Wicker to “release any information he possesses that would be pertinent to Sohn's ability to serve impartially and that could help senators make the best decision on the nomination,” including details of the confidential Locast settlement, since there’s only a “tenuous” chance Cantwell will allow another hearing, Kampis said.
Nine entities reported lobbying on FCC nominations during Q4 2021, including Incompas. That’s up from five during both the same period in 2020 and during Q3 2021. Six groups mentioned Sohn’s nomination: American Principles Project, Center for Individual Freedom, Directors Guild of America, Freedomworks, Incompas and Leadership Conference on Civil and Human Rights. APP, CFIF and Freedomworks specifically cite their opposition to Sohn in their filings. Incompas and LCCHR cited their support for Sohn. Comcast’s Q4 filing doesn’t mention FCC nominations, but the company got criticism earlier this month when it hired Consilium Consulting’s Kirk Adams to lobby on the issue. A Comcast spokesperson noted Consilium later “filed a corrected filing” that mentions more generic “telecommunications policy” lobbying.
The National Urban League backed Sohn Tuesday. She “has an exhibited commitment to equity that will benefit consumers and communities of color, as we seek to close the digital and economic divide,” NUL CEO Marc Morial said in a letter to Cantwell and Wicker. Sohn “has expressed interest in boosting media diversity and ownership, including through expansion of the broadcast incubator program beyond radio and via a reevaluation of the FCC’s minority ownership rules as part of its 2022 Quadrennial Review.” Jim Kohlenberger, senior domestic policy adviser to Vice President Al Gore during the Clinton administration, endorsed Sohn Monday.