Senate Commerce Committee Republicans’ questioning of Democratic FCC nominee Gigi Sohn at a planned Wednesday confirmation hearing (see 2111230066) is likely to partially focus on her views on the fairness doctrine in a bid to suggest her joining the commission would increase the chances the agency would seek to bring back the long-rescinded rules, lawmakers and officials told us. Sohn backers question the likely GOP focus on that issue, arguing that while she and others in the past preferred bringing back the rules, such erstwhile supporters see virtually no momentum in its favor under a 3-2 Democratic majority.
Jimm Phillips
Jimm Phillips, Associate Editor, covers telecommunications policymaking in Congress for Communications Daily. He joined Warren Communications News in 2012 after stints at the Washington Post and the American Independent News Network. Phillips is a Maryland native who graduated from American University. You can follow him on Twitter: @JLPhillipsDC
House Communications Subcommittee Chairman Mike Doyle, D-Pa., told us he still intends to wait (see 2106300077) to hold an FCC oversight hearing until after the Senate confirms Chairwoman Jessica Rosenworcel and Democratic commission nominee Gigi Sohn, amid renewed pressure from House Commerce Committee GOP leaders. Panel ranking member Cathy McMorris Rodgers, R-Wash., and Communications ranking member Bob Latta, R-Ohio, argue it has “been over one year” since commissioners testified before the subcommittee. The most recent hearing was in September 2020 (see 2009170068).
House Communications Subcommittee member Rep. G.K. Butterfield, D-N.C., said Thursday he won’t seek reelection next year. Butterfield, a former Congressional Black Caucus chairman, had earlier this month been eyeing whether to seek the subcommittee’s lead Democratic seat when current leader Mike Doyle, D-Pa., retires (see 2111120002). “I’m disappointed, terribly disappointed, with the Republican-majority legislature for again gerrymandering our state’s congressional districts and putting their party’s politics over the best interests of North Carolina,” Butterfield said. “While I am hopeful that the courts will ultimately overturn this partisan map and see that a fair map is enacted, I have made the difficult decision that … it is time for me to retire and allow the torch to be passed to someone who shares the values of the district and can continue the work.” Analysts believe the state’s redistricting process significantly altered Butterfield's existing district and set it up to be far more competitive in the 2022 election. Butterfield is the fourth House Communications member to announce plans to leave the chamber. Rep. Adam Kinzinger, R-Ill., like Doyle, is retiring. Rep. Billy Long, R-Mo, is running for the Senate seat being vacated by Rules Committee ranking member Roy Blunt (R). Rep. Peter Welch, D-Vt., is believed to be mulling a bid for the Senate seat being vacated by Appropriations Committee Chairman Patrick Leahy (D).
House Democratic leaders were optimistic Thursday they were on the cusp of holding a final vote that night or Friday on the Build Back Better Act budget reconciliation package (HR-5376) amid expectations that the Congressional Budget Office would publish a final cost estimate that afternoon. The CBO released its estimate earlier in the day for the House Commerce Committee’s portion of HR-5376, which includes $500 million for a new FTC data privacy and security bureau, $500 million for NTIA connected device vouchers, $490 million for next-generation 911 tech upgrades and $300 million for the FCC Emergency Connectivity Fund.
Senate Commerce Committee Democrats found ample support during a Wednesday confirmation hearing for plans to speed panel and floor consideration of FCC Chairwoman Jessica Rosenworcel’s renomination, in part citing Republicans’ expected somewhat supportive reception for the nominee (see 2111160001). Democratic FTC nominee Alvaro Bedoya got stronger criticism. At least two committee Republicans indicated they’re considering placing holds that would delay Bedoya’s progress on the floor (see 2111170059).
FCC Chairwoman Jessica Rosenworcel is likely to get a warmer GOP reception at her Wednesday Senate Commerce Committee confirmation hearing than fellow Democratic commission nominee Gigi Sohn will get at a to-be-scheduled December panel, lawmakers and lobbyists told us. Some observers believe FTC nominee Alvaro Bedoya, who’s also to appear Wednesday, will draw more attention because of some of the agency’s recent actions under Chair Lina Khan. The hearing will begin in 253 Russell immediately after a 10 a.m. meeting that will include votes on National Institute of Standards and Technology director nominee Laurie Locascio, the Anti-Spoofing Penalties Modernization Act (S-594) and American Cybersecurity Literacy Act (S-2699).
The Senate is likely to consider its own version of the House-passed FY 2022 National Defense Authorization Act (HR-4350) this week via a substitute version of the legislation from Senate Armed Services Committee Chairman Jack Reed, D-R.I., and “may add” the chamber-passed U.S. Innovation and Competition Act (S-1260) to the measure, Majority Leader Chuck Schumer, D-N.Y., told senators Sunday. The House passed HR-4350 in September (see 2109240067) with language from the 911 Supporting Accurate Views of Emergency Services Act (HR-2351) and Promoting U.S. Wireless Leadership Act (HR-3003). Senators are vying to attach some other tech and telecom amendments to the measure, including dueling amendments on Ligado’s L-band plans.
President Joe Biden signed the Secure Equipment Act (HR-3919), which requires the FCC to ban issuing new equipment licenses to companies the commission decides are a national security risk, the White House said. The Senate passed the measure in late October (see 2110290067). Commissioners approved an NPRM 4-0 in June proposing a similar ban (see 2106090063). Lead sponsor Rep. Anna Eshoo, D-Calif., and other sponsors jointly hailed Biden’s Thursday signing. “Now the FCC is prohibited from issuing licenses for any equipment made by companies that pose a threat to our national security,” Eshoo said Friday. Congress and the White House “sent a strong signal to the Chinese Communist Party that America is committed to protecting our telecommunications networks" and data security, said lead GOP co-sponsor House Minority Whip Steve Scalise of Louisiana. Senate companion S-1790 sponsors Ed Markey, D-Mass., and Marco Rubio, R-Fla., also welcomed enactment. House Commerce Committee ranking member Cathy McMorris Rodgers, R-Wash., praised the measure as “a major step towards securing America’s telecommunications infrastructure” against companies like “China state-backed Huawei and ZTE.”
House Communications Subcommittee Chairman Mike Doyle, D-Pa., told us he’s going to continue to press for progress on major tech and telecom legislation during the remainder of this Congress rather than coast toward retirement, after his October announcement he won’t run for re-election (see 2110180043). Doyle concedes progress on net neutrality legislation, a top issue since he became lead Communications Democrat in 2017, may not happen before he retires. Communications Vice Chair Doris Matsui of California and two other members -- Reps. G.K. Butterfield of North Carolina and Yvette Clarke of New York -- confirmed to us they’re considering whether they would like to succeed Doyle as the subpanel’s lead Democrat.
Democratic FCC nominee Gigi Sohn got unexpected endorsements Wednesday from a pair of conservative media executives amid evidence of growing Senate GOP resistance to her confirmation. “I’ve fought in the trenches side-by-side” with Sohn “for a number of years on multiple issues,” said One America News Network President Charles Herring. “I’m fully aware of” her “personal views, yet I’m even more knowledgeable on her strong belief and advocacy of diversity in the programming lineup, especially news, regardless of conflicts with her” opinions. Sohn “has been very consistent in her views for diversity in media,” he said. "She believes in the First Amendment and the advantages of a strong and open media for the benefit of our democracy. She is one of the most knowledgeable persons I know on FCC issues and has the common sense and desire to work with people on both sides of the aisle.” Republican media consultant Bradley Blakeman, a former aide to President George W. Bush, separately endorsed Sohn in a Newsmax opinion piece. Sen. Lindsey Graham, R-S.C., indicated Tuesday he definitely won’t support Sohn. “I will do everything in my power to convince colleagues on both sides of the aisle to reject this extreme nominee,” he tweeted. Sohn “is a complete political ideologue who has disdain for conservatives. She would be a complete nightmare for the country when it comes to regulating the public airwaves.” Free Press co-CEO Craig Aaron, meanwhile, urged the Senate Commerce Committee Wednesday against holding separate confirmation hearings for Sohn and FCC Chairwoman Jessica Rosenworcel, tweeting “we need the FCC at work as fast as possible. And that means having all 5 commissioners in place.” Dragging “this out and delaying only serves the interests of those who don't want the FCC to do anything -- ever,” Aaron said. The committee remains on track for a hearing with Rosenworcel next week (see 2111020051), but leaders are believed to be considering a separate panel for Sohn amid GOP pushback against any attempt to “rush” that nominee’s confirmation, said a telecom lobbyist who follows Democratic deliberations. Senate Commerce leaders are also considering whether to include NTIA nominee Alan Davidson and FTC nominee Alvaro Bedoya at next week’s hearing or during a subsequent panel, lobbyists said. Senate Commerce Republicans aren’t fully opposed to fast-tracking Rosenworcel’s reconfirmation, with some saying they would be inclined to back her (see 2110260076). Senate Commerce didn’t comment.