Jimm Phillips

Senate Commerce Committee leaders are still eyeing a vote on FCC nominee Gigi Sohn during mid-to-late March, but the situation remains in doubt amid questions about whether undecided panel Democrats Jacky Rosen of Nevada and Jon Tester of Montana will reach a decision on backing the embattled nominee, said lawmakers and others in interviews. Other Commerce Democrats remain strongly supportive of Sohn and believe she effectively countered GOP criticism during her Feb. 14 confirmation hearing (see 2302140077). Sohn’s Capitol Hill supporters believe it’s important that Senate Commerce swiftly advance her out of the committee, with some arguing any further delay could lead to her confirmation process stalling again as it did in 2021 and 2022 (see 2212300044).

Senate Communications Subcommittee ranking member John Thune, R-S.D., labeled FCC nominee Gigi Sohn Wednesday as potentially “the poster child for terrible presidential nominees,” citing what he considers deficiencies in her “character and fitness” for serving on the commission and her record as “a virulent and unapologetic partisan.” Public Knowledge and others sought to tie News Corp. to what they view as a smear campaign against Sohn. They cited News Corp. Executive Chairman Rupert Murdoch’s acknowledgment in a recently released court deposition that several Fox News hosts spread disinformation about voter fraud after the 2020 presidential election.

Senate Commerce Committee leaders now plan to support a House-backed proposal to extend the FCC’s spectrum auction authority through May 19, panel Chair Maria Cantwell, D-Wash., told us Wednesday. The House passed its temporary reauthorization bill (HR-1108) Monday, but Cantwell and Senate Commerce ranking member Ted Cruz, R-Texas, weren’t at that point certain whether they would back another renewal of just over two months. “Everybody seems to be cool” now about renewing the remit through May 19, Cantwell said: “I didn’t know” earlier in the week “if everyone had gotten comfortable with that exact date,” but that now seems to be the case. Sen. Mike Rounds, R-S.D., remains a wild card in any bid for Senate concurrence with HR-1108 because he’s eyeing filing a bill that would instead reauthorize the FCC’s mandate until the end of FY 2023, the night of Sept. 30. Congress in December agreed to extend the auction authority through March 9 after a bid to attach a bipartisan spectrum measure to the FY23 omnibus appropriations package fell through (see 2212190069).

An extension of the FCC's auction authority through May 19 isn't yet assured amid hopes for a slightly longer renewal to give lawmakers even more time to negotiate a broader spectrum legislative package, several senators said in interviews Monday and Tuesday. The House passed its bill to temporarily reauthorize the FCC's mandate (HR-1108) Monday on a voice vote. Lawmakers have been wary about the current March 9 expiration of the FCC's remit due to the slow pace of legislative talks since this Congress returned Jan. 3 (see 2302220063).

Another short-term extension of the FCC’s auction authority is the likeliest scenario amid a slow return to negotiations on a broader spectrum legislative package earlier this month and dwindling time left before the commission’s current mandate expires, lawmakers and other observers said in interviews. President Joe Biden signed off in December on a renewal of the FCC’s auction remit through March 9 that Congress enacted as part of the FY 2023 appropriations omnibus package after a deal to attach spectrum legislative language to the measure fell through at the last minute (see 2212300046).

Senate Commerce Aviation Subcommittee Chair Tammy Duckworth, D-Ill., criticized the FAA and FCC during a Wednesday hearing about their coordinated work to prevent commercial 5G operations on the C band from interfering with airplanes’ radio altimeters. Duckworth cited a push last week by Airlines for America for the FAA to delay until June 2024 its proposed deadline for passenger and cargo aircraft in the U.S. to have C-band-tolerant radio altimeters or install approved filters. The FAA last month proposed an early 2024 deadline for the tech upgrades (see 2301100060).

FCC nominee Gigi Sohn and most Senate Commerce Committee Democratic supporters strongly defended her record and decried what several called an extensive “smear campaign” against her during a Tuesday confirmation hearing, but comments from panel Democrat Jacky Rosen of Nevada about law enforcement groups’ vehement opposition to her candidacy threw her prospects into renewed doubt. All participating Commerce Republicans voiced strong opposition to Sohn Tuesday, as expected (see 2302130001), citing the same concerns as at the nominee’s previous two confirmation hearings and more recent matters that conservative media outlets raised since President Joe Biden renominated her in January. Republicans repeatedly tried to directly correlate her role as an Electronic Frontier Foundation board member and the group’s past actions, but avoided raising reports on EFF’s sex worker policy positions that her supporters claim were instances of veiled homophobia (see 2301310062).

FCC nominee Gigi Sohn shouldn’t expect a Valentine’s Day change of tone in the questions she gets during her Tuesday confirmation hearing from Senate Commerce Committee Republicans, who have been steadfastly critical of her since President Joe Biden first nominated her in October 2021 (see 2110260076), lobbyists and observers said. Commerce Democratic leaders are hoping to keep their panel members united in support of Sohn during the hearing, with an eye to using their new outright 14-13 majority on the panel to quickly advance her to the full chamber. The committee tied 14-14 in March on advancing Sohn (see Ref:2203030070]), stalling her confirmation process through the rest of the year. The hearing, Sohn’s third appearance before Commerce as an FCC nominee, will begin at 10 a.m. in 253 Russell.

House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., said Wednesday she believes lawmakers need to “reach an agreement as soon as possible” on spectrum legislative items currently tied up with renewing the FCC’s auction authority. Congress extended the FCC’s auction authority through March 9 as part of the FY 2023 appropriations omnibus package, but leaders on the House and Senate Commerce committees hope they can agree on a broader spectrum bill, after a legislative deal they hoped to attach to the omnibus fell through in December (see 2212280044).

The Senate Commerce Committee set its third hearing on FCC nominee Gigi Sohn for Tuesday, in line with Democrats’ plans to move the candidate swiftly through the committee (see 2302030073) in hopes of avoiding a repeat of the Senate’s 2022 confirmation stall. President Joe Biden renominated Sohn in January after the new Congress convened (see 2301030060). The hearing will begin at 10 a.m. in 253 Russell. The American Accountability Foundation, among the most vocal groups opposing Sohn urged four Democratic senators Wednesday to recuse themselves from voting on her confirmation because the nominee donated to their campaigns. Sohn supporters called AAF’s donation claims overblown.