Sohn Counters Critics Ahead of 2nd Confirmation Hearing

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.

Sohn countered claims that she misled Senate Commerce members in her responses to follow-up questions from her December confirmation hearing by not mentioning that parties in the Locast lawsuit agreed to reduce the original $32 million settlement down to $700,000 of the shuttered rebroadcaster’s remaining cash and liquidation of its used servers. The then-confidential agreement “barred me” and other parties “from mentioning the terms of the agreement in writing,” Sohn said. “This was a fact that whoever leaked the agreement to the press conveniently omitted.”

Also “omitted was the fact that the enforceable term sheet setting forth the particulars of the settlement was signed on” Oct. 12, “two weeks before I was nominated” for the FCC seat, Sohn said. At that time “I had no idea whether or when I would be nominated.” She “took very seriously my duty to keep the terms of the settlement agreement confidential,” but “others did not, and exploited my inability to defend myself. Now freed by the public disclosure of this information … I’m here to answer the baseless rumors that have swirled around this issue.”

Sohn noted her revised recusal “is voluntary, temporary, extremely narrow and concerns business unlikely to come before the full FCC. But in no way does it open the door to every other industry seeking a recusal for every position I and Public Knowledge have ever advocated.” That sort of “result would be perverse, and probably would prohibit anyone -- not just public interest advocates and academics -- who has taken any public position on telecommunications and media policy from serving on the FCC,” Sohn said.

"I realize that this isn’t all about me," Sohn said. "It’s about some wanting to stop the FCC from doing its important work ensuring that everyone in America has robust broadband regardless of who they are, what their income is or where they live." It’s also "about stopping the work Congress" has "charged this important agency with doing," she said. "A deadlocked agency helps almost nobody, save for a few huge corporations. But most importantly, it hurts the American people who need the FCC to make hard decisions."