Sohn in the Hot Seat at Third Confirmation Hearing

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Consumer advocate and FCC nominee Gigi Sohn endured her third Senate confirmation hearing on Tuesday before the Commerce Committee. The Democrats, by and large, support her for the open party slot at the agency while the Republicans oppose her.

The difference between now and her previous two hearings is that the Democrats now lead the committee 14-13 so there’s more of a chance of her nomination proceeding to the floor. Previously the committee was even with 14 Republicans and 14 Democrats.

Committee Chair Maria Cantwell (D-WA), said Sohn is qualified to be an FCC Commissioner, saying she “cares about something we’re passionate about, affordable and accessible broadband.” 

Ted Cruz of Texas, now the lead GOP member of the panel, disagreed. “Our responsibility as senators is to make sure an FCC nominee not only has the expertise to be an independent regulator, but also possess good judgment and temperament. The nominee must be fair, ethical, and perhaps most importantly, honest. On all these fronts, Gigi Sohn fails.”  

Ed Markey (D-MA), has known Sohn for 30 years. He called her “one of the most qualified people to come before this committee. She was nominated by the White House based on her decades of public service.”

Markey said Sohn has been the subject of “smears and personal attacks.” Americans have suffered from the lack of a fifth Commissioner at the agency, he asserted, “when telecom policy is more important than ever.”

Sohn testified she’s faced “15 months of false and misleading attacks on my record and my character. My industry opponents have hidden behind dark money groups and surrogates because they fear a pragmatic, pro-competition, pro-consumer policymaker who will support policies that will bring more, faster, and lower-priced broadband.”

Sohn said repeatedly to Senators the time is now for the FCC and NTIA to work together to ensure the FCC’s broadband maps are accurate. The point is to ensure “states have the wherewithal to spend that taxpayer money wisely and effectively,” Sohn said, “so the money isn’t spent elsewhere,” meaning deployment dollars not going to rural areas with no broadband.

Marsha Blackburn (R-TN) questioned Sohn about her ability to remain impartial should she be confirmed. “You’ve been harsh with [telecom] service providers,” said Blackburn. “In your testimony you suggest big regulated companies are behind attacks on [your character] “because they fear you,” she added.

“How can we believe you will be impartial if any of these companies comes before you as a commissioner?” Blackburn asked.

Sohn said she’s worked with “every one of these companies,” and named several, including Verizon and AT&T. She said she worked with the carriers on the Emergency Broadband Benefit that Congress approved during the beginning of the COVID-19 pandemic.

Sohn explained Commissioners are “constrained” during FCC proceedings. “You must follow the record.”

Sohn said she asked to be treated the same as other FCC nominees, noting that before he was an FCC Commissioner and eventually Chairman, Ajit Pai worked for Verizon. Former Chairman Tom Wheeler, who Sohn worked for at the agency, worked with cable companies before landing at the agency, the nominee explained.

At the end of the more than two-hour hearing, Cantwell said the record would remain open until this Friday.

By Leslie Stimson, Inside Towers Washington Bureau Chief

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