Bipartisan Policy Items Likely to Trump Sohn as Focus of House FCC Hearing

Continued uncertainty about the prospects for Senate confirmation of Democratic FCC nominee Gigi Sohn and its implications for ushering in a 3-2 Democratic majority are unlikely to be a major factor at a Thursday House Communications Subcommittee oversight hearing on the agency, lawmakers and other observers told us. Subpanel members instead plan to focus on the FCC’s successes since the beginning of 2021 and telecom policy items that lawmakers believe they can reach a bipartisan consensus on before the coming midterm election campaign. The partly virtual hearing will begin at 10:30 a.m. in 2123 Rayburn.

Communications sector officials are closely watching whether the Senate will set a vote to discharge Sohn from Senate Commerce Committee jurisdiction needed to bring her to the floor before the chamber can try to invoke cloture and confirm her. A discharge vote on Sohn is now unlikely before next week, Hill aides and lobbyists told us. The Senate voted 51-50 Wednesday to discharge FTC nominee Alvaro Bedoya (see 2203300069), who like Sohn got a 14-14 Senate Commerce tie earlier this month.

House Communications Chairman Mike Doyle, D-Pa., told us he would have preferred to wait until the Senate confirmed Sohn before holding an FCC oversight hearing (see 2111190064) but faced pressure from subpanel Republicans who have “been clamoring” for one sooner. The most recent hearing was in September 2020 (see 2009170068). Sohn’s confirmation appeared “stalled” earlier this month when the House Commerce Committee initially announced the hearing and “it was just not clear to me when” the Senate might take action, Doyle said. “It always would be better to have a full complement” at the FCC when these hearings happen, but “we’re at the mercy” of Senate confirmation delays.

Doyle instead plans to focus on areas of bipartisan communications policy consensus with an eye to pinpointing what legislation House Commerce can advance before he retires in January. “We’re in the middle of” a midterm election year and that means “we’re just not going to get the tough stuff done, especially if it’s partisan,” he said. “We’re trying to clear the docket of the stuff we can get done. This is my final year as chair and I want to get as many things done as I can.” Doyle has already cited net neutrality legislation as something that will be very difficult for Congress to advance due to Democrats’ slim House majority and 50-50 Senate tie (see 2111120002).

Doyle plans to get feedback from FCC Chairwoman Jessica Rosenworcel and other commissioners on the Spectrum Innovation Act (HR-5378) and how Congress should move forward on legislation to renew the commission’s spectrum auction authority before its current remit expires Sept. 30. The matter was a central focus of a separate House Communications hearing earlier this month (see 2203160073). HR-5378 would authorize an FCC auction of at least 200 MHz on the 3.1-3.45 GHz band. Lawmakers have suggested specifically authorizing auctions for spectrum on a range of other bands.

Acting on the FCC’s auction authority “is something we’ve got to think about doing sooner rather than later” given the looming expiration date, Doyle told us: The FCC is trying to begin its 2.5 GHz auction “by the end of July, but if you look at the legislative calendar we’re not here in August and we’re only in session two weeks in September.” Some Commerce members have been eyeing a two-year renewal (see 2203040073). Doyle believes HR-5378 is a prime example of bipartisan agreement because both parties want “to avoid a repeat of what we saw” during the high-profile C-band aviation safety fracas that preceded January delays in AT&T and Verizon rolling out commercial 5G on the frequency (see 2201180065).

“We’re going to talk about” the FCC’s plans for rolling out improved broadband coverage maps “and what we can do to expedite that process” given delays last year, Doyle said. The GAO partially dismissed LightBox's bid protest of the FCC's contract with CostQuest to build a broadband serviceable location fabric for the new maps (see 2203110040), which Rosenworcel previously cited as one reason for the delay. House Communications will also likely discuss the FCC’s $14.2 billion affordable connectivity program and “how we can do a better job of getting information out to people,” he said. “About 10-11 million people have signed up” for it, but “we know there’s a lot more who haven’t” because of perceived gaps in public information campaigns about it.

Rosenworcel largely celebrates the FCC’s accomplishments under a 2-2 tie in her written testimony ahead of the hearing but also notes hope for a 3-2 Democratic majority soon. “Over the course of the last year, we have accomplished a lot,” she says. “Nevertheless, I know much work remains, and a full Commission is an important part of helping achieve those results.” Rosenworcel cites the FCC’s “extraordinary response” to the COVID-19 pandemic, including standing up the emergency broadband benefit that preceded ACP. She also notes the FCC’s work to “increase trust and security in our communications networks,” including the commission’s recent addition of Russian cybersecurity powerhouse Kaspersky Lab and two Chinese companies to its list of equipment suppliers deemed to present national security risks (see 2203250067).

Democratic Commissioner Geoffrey Starks’ written testimony cites his vision of the FCC’s role at what he sees as an “inflection point in history.” The commission “has an indispensable role to play” in addressing digital divide issues amplified during the pandemic, cybersecurity and climate change issues, Starks says. It’s “more evident than ever before that our policies intersect with our nation’s highest priorities. For my part, I am proud to say that we are helping make America more equitable, secure, and sustainable.” He suggests the FCC can aid in addressing climate change in part through its work to “optimize the efficient use of spectrum -- a finite resource -- while at the same time enabling devices that draw less power.”