Jimm Phillips

Senate Commerce Committee Chair Maria Cantwell, D-Wash., rejected committee Republicans’ suggestions that the panel follow up its second confirmation hearing with Democratic FCC nominee Gigi Sohn with a sequel appearance by FTC nominee Alvaro Bedoya (see 2202080080). His confirmation hearing was in November (see 2111170059). All 14 committee Republicans voted against Bedoya in December amid concerns about the nominee's Twitter activity linking the Trump administration to white supremacy (see 2112010043). “No, we’re not having another hearing” on Bedoya just to discuss his “social media posts,” Cantwell told reporters Wednesday after Sohn’s second hearing (see 2202090070). “We had this hearing because in between” Sohn’s December hearing and now, the nominee agreed to temporarily recuse herself from some FCC proceedings involving retransmission consent and broadcast copyright matters (see 2201270073) “and members had questions about that recusal letter.”

The Senate Commerce Committee’s Wednesday follow-up confirmation hearing on Democratic FCC nominee Gigi Sohn changed next to nothing about the dynamics driving her prospects for winning the chamber’s approval, said lawmakers and communications policy observers in interviews. Committee Democrats, even those who were latecomers to supporting Sohn, said during and after the hearing they still back her. Panel Republicans remained steadfastly opposed to the nominee, in part citing what they viewed as her still-insufficient candor about her role as a board member for Locast operator Sports Fans Coalition and her January commitment to temporarily recuse herself from some FCC proceedings involving retransmission consent and broadcast copyright matters.

Democratic FCC nominee Gigi Sohn struck back against what she deems “unrelenting, unfair, and outright false criticism and scrutiny” in written testimony we obtained ahead of a Wednesday appearance before the Senate Commerce Committee widely seen as a follow-up confirmation hearing. The panel, which began at 10 a.m., is expected to largely focus on Sohn’s role as a board member for Locast operator Sports Fans Coalition and her January commitment to temporarily recuse herself from some FCC proceedings involving retransmission consent and broadcast copyright matters.

Senate Commerce Committee Republicans told us they’re interested in pursuing a follow-up confirmation hearing with Democratic FTC nominee Alvaro Bedoya given their hopes for the outcome of a Wednesday panel with FCC nominee Gigi Sohn that will serve as her de facto second confirmation hearing. Senate Commerce postponed planned votes last week on Bedoya and Sohn, in part citing the extended absence of Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., while he recovers from a stroke (see 2202010070).

Lawmakers are frustrated that interagency spectrum policy infighting that became endemic during the Trump administration continues to be an issue one year into Joe Biden’s presidency, despite early hopes for a shift (see 2010260001). Some on and off Capitol Hill believe the Biden administration’s handling of the high-profile C-band aviation safety fracas that preceded delays last month in AT&T and Verizon rolling out commercial 5G use on the frequency (see 2201180065) has stirred an increased appetite for enacting a legislative solution. Others want to hold off on legislation for the time being in hopes recently installed NTIA Administrator Alan Davidson, FCC Chairwoman Jessica Rosenworcel and other officials will be able to quickly nip the squabbling.

Free Press and Public Knowledge criticized Senate Commerce Committee Chair Maria Cantwell, D-Wash., Wednesday for setting a follow-up hearing on Democratic FCC nominee Gigi Sohn (see 2202020069). The second meeting is expected to mainly focus on Sohn’s commitment to temporarily recuse herself from some FCC proceedings (see 2201270073) and her role as a board member for Locast operator Sports Fans Coalition. “It is unfortunate that” the absence of Communications Subcommittee Chair Ben Ray Lujan, D-N.M., while he recovers from a stroke “was seen by some as a reason to hold a second hearing on Gigi Sohn’s nomination, particularly when” Senate Commerce “could use the time as an opportunity to consider moving forward on privacy, spectrum, or a host of other issues pent up," said PK CEO Chris Lewis. “The hearing scheduled for next Wednesday seems like nothing more than an opportunity to give these baseless concerns raised by industry an opportunity to hobble the appointment of a consumer champion” to the FCC. “Perhaps one way to avoid that consequence would be for members to call on” Cantwell to request Sohn “withdraw her recusal letter and follow historic precedent, which is to accept the advice of the Office of Government Ethics and the FCC's General Counsel,” Lewis said. Cantwell’s decision means “we have to deal with Senator [Roger] Wicker’s [R-Miss.] disingenuous and blatant obstructionism over this crucial nomination,” said FP General Counsel Matt Wood. With Cantwell “caving to unreasonable demands from opponents to Sohn, we’re going to see a hearing full of political posturing that serves no one except industry players eager to draw out the calendar and keep the FCC deadlocked. There is plenty of blame to go around for this situation, with the White House’s indecision and delays last year, and [Wicker's] continued opportunistic nonsense.” Commerce didn’t comment.

House Transportation Committee members and witnesses at a Thursday Aviation Subcommittee hearing criticized breakdowns in the federal interagency spectrum coordination process as a primary cause of the C-band aviation safety fracas that preceded delays last month in AT&T and Verizon rolling out commercial 5G use on the frequency (see 2201180065). FAA Administrator Steve Dickson told lawmakers he believes “we are in a much better place than we were” in mid-January, before the wireless carriers and the agency reached agreement to temporarily defer turning on C-band 5G service around some airports. Lawmakers wondered if the situation will deteriorate again when cellular carriers lift those temporary restrictions.

FCC Chairwoman Jessica Rosenworcel "was invited" to testify at a planned Thursday House Transportation Aviation Subcommittee hearing on the aviation safety implications of commercial wireless operations in the C band (see 2202010073) "and would have attended except for a prior commitment," a spokesperson emailed. She instead "is set to meet with" Transportation Chairman Peter DeFazio, D-Ore., and Aviation Chairman Rick Larsen, D-Wash., "before the hearing." The panel includes two wireless sector officials: CTIA President Meredith Baker and former FCC Technological Advisory Committee Chairman Dennis Roberson. FAA Administrator Stephen Dickson and six aviation industry executives are scheduled to appear.

Senate Commerce Committee Chair Maria Cantwell of Washington told us she plans to press forward with a Feb. 9 follow-up hearing on FCC nominee Gigi Sohn (our bulletin is here), despite misgivings from some fellow committee Democrats and other supporters of the nominee. Commerce delayed a planned Wednesday vote on Sohn and Democratic FTC nominee Alvaro Bedoya because Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., is recovering from a stroke (see 2202010070).

The Senate Commerce Committee will “probably” postpone planned Wednesday votes on Democratic FCC nominee Gigi Sohn and FTC nominee Alvaro Bedoya amid expectations that Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., would be unable to appear at the meeting after having a stroke, Chair Maria Cantwell, D-Wash., told reporters Tuesday afternoon. Also see our news bulletin. Sohn’s prospects of making it through the committee were already uncertain as a handful of uncommitted panel members kept mum about their intentions.