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"The FCC has a mandate to increase the diversity of local-media ownership and to ensure broadband access is affordable, open and reliable for all," said one advocate. "We need all five FCC commissioners as soon as possible to fully move this work forward."
Eager to end more than two years of deadlock at the Federal Communications Commission, digital rights advocates on Monday expressed relief at U.S. President Joe Biden nomination of former FCC legal adviser Anna Gomez and called on the U.S. Senate to confirm her appointment as quickly as possible.
"Finally!" tweeted media and technology advocacy group Free Press when the nomination was announced. "The agency has been deadlocked since January 2021 and this delay has harmed millions of people."
Gomez currently serves as a senior adviser for international information and communications policy at the State Department and worked for more than a decade at the FCC as a senior legal adviser to then-Chairman William Kennard.
She also worked in leadership roles at the National Telecommunications and Information Administration, whose work addresses broadband and internet policy.
The American Prospect's David Dayen noted that he recently wrote about Gomez's career, detailing her work within the telecom industry—which the FCC regulates—as well as her work in government.
\u201cAnna Gomez is announced to fill the vacancy on the FCC. The White House attempts a consensus choice. I wrote about Gomez last week:\nhttps://t.co/cvFcoTeOI0\u201d— David Dayen (@David Dayen) 1684771173
"Gomez has plenty in her background to interest industry," wrote Dayen. "She was the vice president of government affairs (a nice term for lobbyist) at Sprint Nextel. She was an associate early in her career at corporate law firm Arnold & Porter, and more recently she spent several years as a partner at Wiley Rein, the biggest and most influential law firm that represents clients at the FCC."
Communications on unmanned aerial systems, or drones, were a large focus of her work at Wiley Rein, Dayen reported.
Gomez's nomination comes two months after longtime public advocate Gigi Sohn withdrew her nomination, which had been championed by progressives, after months of attacks by the telecom lobby.
More than 60 digital rights groups wrote to Biden after Sohn's withdrawal, calling for another nominee who would fight forcefully at the commission for net neutrality rules, the rights of low-income and rural communities, and privacy rights.
"We're now approaching two-and-a-half years without a fully functional Federal Communications Commission. Never before has the American public had to wait so long for a commissioner's seat to be filled," Jessica Gonzalez, co-CEO of Free Press, which signed the letter, said on Monday after Gomez's nomination was announced. "In addition to her corporate experience—which has often entailed working for competitive carriers instead of incumbents—Gomez has a long track record of public service, including high-ranking positions at the FCC and Commerce Department. She is eminently qualified for this role at the FCC."
Dayen noted that some of Gomez's positions on communications issues have not been publicized, including her views on congressional rules that punish internet service providers (ISPs) for underinvestment in low-income communities and on net neutrality rules, which prevent ISPs from creating internet "fast lanes" for companies that can pay for them and throttling other content by slowing down speeds.
"We expect Gomez to help restore the proper legal framework for broadband and the net neutrality protections that the FCC repealed during the Trump administration," said Gonzalez. "In poll after poll, people in the United States of all political stripes say they want enforceable rules for an open internet. We're confident that Gomez will give weight to this overwhelming public support and be responsive to public input on the full range of issues before the agency."
The 2-2 deadlock at the FCC has made it impossible for the commission to stop ISPs from "digitally redlining" low-income communities with slower service for the same rates as wealthier customers, as Common Cause said last October, and to restore net neutrality rules.
"The FCC has a mandate to increase the diversity of local-media ownership and to ensure broadband access is affordable, open and reliable for all," said Gonzalez. "We need all five FCC commissioners as soon as possible to fully move this work forward."
"Any further delay means big companies will have an easier time engaging in unjust, unreasonable, and discriminatory actions, because they know this vital watchdog agency isn't operating with the majority it needs," she added. "If these leaders want to improve the lives of internet users, cellphone customers, TV watchers, and radio listeners—meaning everyone—they need to speed up confirmation before the clock runs out at the FCC."
The president is under pressure to choose a candidate who "is free of industry conflicts of interest, someone who will prioritize net neutrality, privacy, network competition, broadband maps, and the digital divide."
More than five dozen advocacy organizations on Friday implored U.S. President Joe Biden to swiftly select a Federal Communications Commission candidate who will serve the public interest, not the telecommunications industry.
The coalition's letter stresses that a fifth commissioner is urgently needed to end the current 2-2 deadlock and enable the FCC to "increase digital equity and media diversity, bolster online privacy and safety protection, and reassert its rightful authority over broadband to ensure everyone in the United States has access to this essential service."
The message to Biden comes after Gigi Sohn removed herself from consideration last week, citing the "legions of cable and media industry lobbyists, their bought-and-paid-for surrogates, and dark money political groups with bottomless pockets" who distorted her "over 30-year history as a consumer advocate into an absurd caricature of blatant lies."
"We call on you to immediately put forth a new nominee—specifically, one who has a history of advocacy for the public interest and is free of industry conflicts of interest."
Sohn, the new letter states, "was eminently qualified to serve as a commissioner. But after 16 months of organized and well-funded attacks by dark-money groups—which were carried out by lobbyists, enabled by complicit elected leaders, and amplified in partisan media—Sohn made the understandable decision to withdraw from consideration."
Organizations behind the letter—including Common Cause, Demand Progress Education Fund, Electronic Frontier Foundation, Fight for the Future, Free Press Action, Our Revolution, Public Knowledge, Revolving Door Project, and RootsAction.org—were outraged over both the telecom industry smear campaign against Sohn and top Democrats' refusal to fiercely defend the nomination. Her withdrawal has sparked fears that Biden will choose an industry-friendly candidate.
"Now, we call on you to immediately put forth a new nominee—specifically, one who has a history of advocacy for the public interest and is free of industry conflicts of interest; demonstrates a clear commitment to championing the rights of low-income families and communities of color; and supports Title II oversight and laws that ensure the FCC the authority to prevent unjust discrimination and promote affordable access," the coalition wrote to Biden.
"We ask you to actively press the Democratic majority in the Senate to swiftly confirm your nominee," the groups added. "We cannot permit senators to prevent forward progress any longer at the behest of the very corporations the FCC is meant to regulate."
Free Press Action president and co-CEO Craig Aaron similarly argued in a Common Dreams opinion piece last week:
We must oppose and reject any return to business as usual that furthers industry capture of the FCC.
Instead, we need to demand an independent candidate with public-interest bona fides and a clear commitment to racial justice and civil rights. They must show they're willing to stand up to lies. They must be unequivocal in their support for restoring the FCC's authority, and making sure that the internet is open, affordable, available, and reliable for everyone. They must demonstrate a commitment to engaging the public, not just meeting with lobbyists.
Sohn's defeat also "has implications that go far beyond the FCC," Aaron noted. "The Republicans and their Democratic enablers are setting out markers for who's allowed to serve in government."
"They made clear that public servants will be pilloried while ex-corporate lobbyists sail through," he wrote. "Women and LGBTQIA+ folks—Sohn would have been the first lesbian to serve as an FCC commissioner—will be slandered. Tweeting about police violence can be disqualifying (in the Senate, retweets do equal endorsements). Questioning the propriety of Fox News—even as it's being exposed for aiding and abetting election lies and insurrection—is unacceptable. A basic understanding of U.S. history and racism may be disqualifying."
Sohn "deserved better," Aaron tweeted. "But I hope we—and the White House and Democratic Party, especially—can learn so it doesn't happen again."
The failure of Democratic senators to advocate for their own nominee means that companies like Comcast and Fox will likely only double-down in the future on the kinds of deceitful tactics they deployed against a nominee who would have been an incredible addition to the FCC.
On Tuesday, Gigi Sohn withdrew her nomination to the Federal Communications Commission.
This ends a two-year fight to put an accomplished public servant in the important fifth seat on the FCC. In the —after nearly 500 days, multiple confirmation hearings, and a relentless industry-orchestrated campaign against her—Sohn didn't have enough votes in the Senate to move forward.
I'm furious—and determined to make sure this doesn't happen again.
They're celebrating today at Comcast and Fox, where their lobbyists deserve most of the credit for concocting lies to derail Sohn's nomination. They falsely portrayed her as radical and divisive, even though her years of experience tell a different story—about a highly regarded expert who has reached across political divides to support communications policies that help people.
Republicans who willfully spread those lies are thrilled, too. Their campaign of vile dog whistles, homophobic innuendo and false outrage worked. In fact, it was too easy.
But they're not the only ones to blame: The failure of Democratic leaders to defend their nominee cost the agency—and the nation—a true public servant. Their missteps and unforced errors were many.
From the start, infighting in the Biden administration delayed the nomination of a new FCC chair and commissioner for months—meaning Sohn wasn't nominated until late October 2021 and then got little time during debates around the infrastructure bills. Instead of moving on this nomination right away when the Biden team had the most political capital—they did it when they had the least.
While the GOP ganged up on her, most Democrats sat back, either using their time on the dais to ask questions about their home states or repeat industry-written talking points.
Then Senate leaders made Sohn endure an unprecedented three confirmation hearings, giving the right-wing noise machine numerous opportunities to badger her while extracting zero concessions from the other side. Despite her composure in the hot seat, this stage let Sohn's opponents test out numerous lines of attack. Sen. Ted Cruz (R-Texas) got endless opportunities to fulminate about her random retweets, while Sen. J.D. Vance (R-Ohio) cosplayed as a culture warrior from his new perch on the Commerce Committee.
While the GOP ganged up on her, most Democrats sat back, either using their time on the dais to ask questions about their home states or repeat industry-written talking points. (Notable and laudable exceptions who came to Sohn's defense include Sens. Ed Markey and Tammy Baldwin.)
Unfortunately, the failure of more Democratic senators to advocate for their own nominee means that companies like Comcast and Fox will likely only double-down in the future on the kinds of deceitful and dirty tactics they deployed against Sohn. What other lessons could they draw from how easily senators folded in the face of easily fact-checked lies and slanders? And what potential FCC nominee would want to subject themselves to this kind of character assassination?
Neither the White House nor Senate Majority Leader Chuck Schumer succeeded in getting the votes Sohn needed when she got through committee and to the verge of a floor vote last year. They didn't put enough pressure on holdout senators or create any real political costs for the holdouts' refusal to back the administration's nominees. Worse still, President Biden and Vice President Harris actually feted ISP execs in the Rose Garden—even as those same companies were sabotaging Sohn.
It says a lot about who they're willing to fight for—and who they won't.
Without real pressure from the top, rank-and-file Democrats invented excuses for why they couldn't vote before the midterms—and, once those were over, immediately recycled the same rationalizations about the 2024 election. As much as I might wish the FCC were a top-tier election issue, exactly zero swing voters are going to the polls thinking about Gigi Sohn. Yet multiple senators acted like a vote for their own party's nominee could sink their reelection chances.
Politicians who should know better all of a sudden took seriously the disingenuous pay-to-slay attacks by sock-puppet front groups (including one led by former North Dakota Sen. Heidi Heitkamp, now on the corporate payroll). I'm not sure what's worse: If they just made these excuses to placate corporate donors, or if they actually believed them.
What does it say when Democratic senators—like Sens. Cortez-Masto, Kelly, Rosen, and Tester, who all failed publicly support Sohn—take the specious claims of a disreputable group like the Fraternal Order of Police more seriously than they do the support of 400 of the nation's largest civil-rights, civil-liberties, labor and public-interest groups? What does it mean when they don't just let the lies fester but actually promote them? It says a lot about who they're willing to fight for—and who they won't.
This defeat has implications that go far beyond the FCC. The Republicans and their Democratic enablers are setting out markers for who's allowed to serve in government. They made clear that public servants will be pilloried while ex-corporate lobbyists sail through. Women and LGBTQIA+ folks—Sohn would have been the first lesbian to serve as an FCC commissioner—will be slandered. Tweeting about police violence can be disqualifying (in the Senate, retweets do equal endorsements). Questioning the propriety of Fox News—even as it's being exposed for aiding and abetting election lies and insurrection—is unacceptable. A basic understanding of U.S. history and racism may be disqualifying.
Of course, this is bad news for the FCC, too.
At a moment when media and tech are intertwined with every facet of our lives, our politics and the very state of our democracy, this vital agency cannot fully do its job. Which is just how the industry wants it.
One of the best things the Biden administration has done since 2021 is securing $65 billion for broadband expansion. FCC Chairwoman Jessica Rosenworcel has been making the most of the hand she was dealt, but a deadlocked FCC makes it harder to implement and maintain those programs and spend those funds in the best way possible. Net Neutrality and the restoration of Title II will remain in limbo without a fifth vote at the agency. As Sohn herself wrote in the statement announcing her withdrawal: "It means that the FCC will not have a majority to adopt strong rules which ensure that everyone has nondiscriminatory access to broadband, regardless of who they are or where they live."
At a moment when media and tech are intertwined with every facet of our lives, our politics and the very state of our democracy, this vital agency cannot fully do its job. Which is just how the industry wants it.
The next test is already here. The Biden administration needs to come up with a new nominee to the FCC, and it may be tempted to nominate an industry-friendly choice—someone who can "get through" and avoid a larger political fight. We must oppose and reject any return to business as usual that furthers industry capture of the FCC.
Instead, we need to demand an independent candidate with public-interest bona fides and a clear commitment to racial justice and civil rights. They must show they're willing to stand up to lies. They must be unequivocal in their support for restoring the FCC's authority, and making sure that the internet is open, affordable, available, and reliable for everyone. They must demonstrate a commitment to engaging the public, not just meeting with lobbyists.
This loss stings. Gigi Sohn deserved better. But we cannot let the industry pick its own regulators ever again.