Jimm Phillips

President Joe Biden’s renominated Democratic picks for vacant FCC and FTC slots remain unlikely to get much, if any, Republican support amid ongoing misgivings over both nominees, Senate Commerce Committee ranking member Roger Wicker of Mississippi told us Tuesday. Biden renominated Gigi Sohn to the FCC and Alvaro Bedoya to the FTC earlier in the day, as expected (see 2201030056). Wicker believes NTIA administrator nominee Alan Davidson will have a far easier path forward, despite the chamber’s failure to quickly advance him last month. Senate leaders agreed to carry over Davidson's nomination from last year, aides confirmed.

President Joe Biden renominated Democratic FCC nominee Gigi Sohn and FTC pick Alvaro Bedoya Tuesday, as expected. Senate leaders agreed to carry over Alan Davidson's nomination for NTIA administrator from last year, aides confirmed.

President Joe Biden intended to formally renominate three major telecom and tech picks Monday night: FCC nominee Gigi Sohn, FTC nominee Alvaro Bedoya and NTIA administrator nominee Alan Davidson, as expected (see 2112210066), a White House official told us. Their nominations expired at the end of the 117th Congress’ 2021 session. An administration spokesperson didn’t comment. Bedoya (see 2112010043) and Sohn faced strong GOP opposition late last year. Some Senate Commerce Committee Democrats also voiced misgivings about Sohn, causing the panel to postpone a vote on the nominee. Sen. Jacky Rosen of Nevada, one of the two Commerce Democrats who was seen as a holdout on Sohn at the end of 2021, had a “productive conversation” with the nominee Dec. 17 about Rosen’s concerns (see 2112150069), a spokesperson emailed. Rosen raised qualms about Sohn’s position on IP and media ownership diversity and her involvement with shuttered sports rebroadcaster Locast as a board member for its operator Sports Fans Coalition. The office of Sen. Kyrsten Sinema of Arizona, the other Commerce Democratic holdout, didn’t comment. Broadcast advocate Preston Padden backed Sohn in a Sunday InsideSources opinion piece. “I strongly disagree with Gigi on some issues,” Padden said. “We have fought vigorously on many industry panels over more than 35 years. But I never found Gigi to be disagreeable.” Established “market entities deserve a voice in public policy debates,” but “there is a public interest need for the FCC also to have a strong and effective voice for competition and disruptive new market entrants,” he said. The Senate will likely be able to easily confirm Davidson, but the nominee will have to face a floor vote, given expectations Sen Rick Scott, R-Fla., will renew his hold on all Commerce Department nominees (see 2111180081), lobbyists told us. A hold prevents the Senate from moving a nominee via unanimous consent. Senate Commerce advanced Davidson last month, with Scott and two other Republicans being recorded as no votes. Communications Subcommittee ranking member John Thune of South Dakota, who was one of the GOP no votes, “still has several concerns with” moving forward on Davidson, a spokesperson emailed.

Senate prospects for confirming NTIA administrator nominee Alan Davidson remained murky Thursday, as chamber leaders continued to haggle over how many of President Joe Biden’s nominees they would have to invoke cloture on before final votes and who they would be able to bundle together in a package to clear via unanimous consent. Senate leaders faced pressure to reach a deal on nominations this week instead of returning in the days before Christmas, given expectations that talks on the Build Back Better Act budget reconciliation package will drag on into 2022. “I think he’s going to make it” through confirmation “before the first of the year,” said Senate Commerce Committee ranking member Roger Wicker, R-Miss., in an interview. Biden would need to renominate Davidson in January absent confirmation because all presidential nominations expire at the end of the 117th Congress’ first session. Senate Commerce cleared Davidson Thursday on a voice vote, with three Republicans asking to be recorded as no votes (see 2112150069). Others were less optimistic. “We’re trying” to set either a vote on Davidson or put him in the UC confirmations package, committee Chair Maria Cantwell, D-Wash., told us. “I haven’t seen [Davidson’s] name in any of the proposed lists of folks” the Democrats “want to get done,” but “I can’t say for certain” he won’t be added, said Senate Minority Whip John Thune, R-S.D. Thune, also Communications Subcommittee ranking member, was one of the three Republicans who voted against Davidson but is believed unlikely to block floor progress on the nominee.

Commerce Committee leaders believe there’s a strong chance the Senate can confirm NTIA administrator nominee Alan Davidson before the 117th Congress' second session begins in January, after the panel advanced him Wednesday on a bipartisan voice vote, as expected (see 2112140074). Ranking member Roger Wicker of Mississippi and other Republicans are, meanwhile, beginning to push for the panel to hold another confirmation hearing for Democratic FCC nominee Gigi Sohn in 2022 if the committee doesn’t move forward this month on a vote to advance her, as is generally expected. Commerce didn’t include Sohn in Wednesday's markup amid resistance from several committee Democrats (see 2112090058).

Southwest Airlines CEO Scott Kelly cited FAA concerns about flights being diverted or grounded because of 5G C-band wireless broadband signals (see 2112070047) as “our No. 1 concern … in the near term” during a Wednesday Senate Commerce Committee hearing on aviation safety. FAA opposition to FCC work toward allowing Verizon and AT&T to start using their C-band spectrum for 5G, including a recent airworthiness directive, “would significantly impact” Southwest operations, Kelly responded to a question from Sen. Marsha Blackburn, R-Tenn. Delta Air Lines Chief of Operations John Laughter told Blackburn the “safety concerns” for the aviation industry are “very real,” but he believes a “combination of power adjustments and location” would allow the U.S. to “absolutely solve this and live in a world where there is 5G available” on the C band. Blackburn noted 39 other countries allow 5G use on the frequency and believes FAA opposition “undermines America’s efforts to remain a leader in 5G.” Lawmakers “are quite concerned about this,” especially because of China’s bid to win out over the U.S. as 5G leader, she said.

The Senate Commerce Committee is expected to advance for a floor vote NTIA administrator nominee Alan Davidson with bipartisan support on Wednesday despite some panel Republicans' last-minute misgivings. The GOP concerns could make it more difficult for chamber leaders to quickly move to a final floor vote. Davidson got no significant fire from Commerce members during his confirmation hearing earlier this month amid a more intense focus on Democratic FCC nominee Gigi Sohn (see 2112010043). The committee’s executive session on Davidson, the Securing Semiconductor Supply Chains Act (S-3309) and other Biden administration nominees begins at 10 a.m. in 253 Russell (see 2112090058).

Senate Commerce Committee Democratic leaders hope to blunt the impact of delayed consideration of FCC nominee Gigi Sohn by resetting a vote to advance her as early as January. The committee moved Wednesday not to include Sohn on the docket for its Dec. 15 executive session (see 2112080078) amid continued wavering among a handful of panel Democrats. Commerce Republicans are eyeing whether to press the committee to go through the entire confirmations process again on Sohn. The delay could lengthen the amount of additional time the FCC will remain in a 2-2 stalemate; the Senate confirmed Chairwoman Jessica Rosenworcel this week on a bipartisan 68-31 vote (see 2112070071).

The Senate’s Tuesday reconfirmation of FCC Chairwoman Jessica Rosenworcel to another term (see 2112070029) provides more certainty for upcoming policy moves, but it isn’t likely to mean any major changes in how the agency functions because it will remain in a 2-2 tie for now, lawmakers and experts told us. Democrats are relieved Senate action forestalled the possibility the FCC would shift to a 2-1 GOP majority in January but believe the ongoing stalemate underscores the need to confirm Democratic commission nominee Gigi Sohn, whose path forward remains uncertain (see 2112010043). Republicans see the ongoing stalemate as an opportunity for Rosenworcel to continue seeking bipartisan consensus.

The Senate Commerce Committee won't consider Democratic FCC nominee Gigi Sohn at an expected Dec. 15 executive session, a panel aide confirmed Wednesday night. That likely means President Joe Biden would have to renominate Sohn when the Senate reconvenes in January, lobbyists told us.