[Senate Hearing 117-722]
[From the U.S. Government Publishing Office]
S. Hrg. 117-722
NOMINATION TO THE
FEDERAL COMMUNICATIONS COMMISSION
AND THE DEPARTMENT OF COMMERCE
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
DECEMBER 1, 2021
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online: http://www.govinfo.gov
______
U.S. GOVERNMENT PUBLISHING OFFICE
53-135 PDF WASHINGTON : 2023
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota ROGER WICKER, Mississippi, Ranking
RICHARD BLUMENTHAL, Connecticut JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts TED CRUZ, Texas
GARY PETERS, Michigan DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois DAN SULLIVAN, Alaska
JON TESTER, Montana MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona TODD YOUNG, Indiana
JACKY ROSEN, Nevada MIKE LEE, Utah
BEN RAY LUJAN, New Mexico RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado SHELLEY MOORE CAPITO, West
RAPHAEL WARNOCK, Georgia Virginia
RICK SCOTT, Florida
CYNTHIA LUMMIS, Wyoming
Melissa Porter, Deputy Staff Director
George Greenwell, Policy Coordinator and Security Manager
John Keast, Republican Staff Director
Crystal Tully, Republican Deputy Staff Director
Steven Wall, General Counsel
C O N T E N T S
----------
Page
Hearing held on December 1, 2021................................. 1
Statement of Senator Cantwell.................................... 1
Statement of Senator Wicker...................................... 3
Statement of Senator Blumenthal.................................. 63
Statement of Senator Blunt....................................... 65
Statement of Senator Schatz...................................... 66
Statement of Senator Fischer..................................... 68
Statement of Senator Klobuchar................................... 70
Letter dated November 30, 2021 in support of Gigi Sohn to
Hon. Maria Cantwell and Hon. Roger Wicker from Gary
Shapiro, President and CEO, Consumer Technology Association 71
Statement of Senator Moran....................................... 72
Statement of Senator Markey...................................... 75
Statement of Senator Blackburn................................... 77
Statement of Senator Peters...................................... 79
Statement of Senator Sullivan.................................... 80
Statement of Senator Baldwin..................................... 83
Statement of Senator Young....................................... 84
Statement of Senator Hickenlooper................................ 86
Statement of Senator Lee......................................... 88
Statement of Senator Rosen....................................... 90
Statement of Senator Capito...................................... 92
Statement of Senator Lujan....................................... 93
Statement of Senator Cruz........................................ 95
Statement of Senator Sinema...................................... 97
Witnesses
Gigi B. Sohn, Nominee to be a Commissioner, Federal
Communications Commission...................................... 4
Prepared statement........................................... 5
Biographical information..................................... 6
Jed David Kolko, Nominee to be Under Secretary of Commerce for
Economic Affairs, Department of Commerce....................... 27
Prepared statement........................................... 28
Biographical information..................................... 29
Alan B. Davidson, Nominee to be Assistant Secretary of Commerce
for Communications and Information, Department of Commerce..... 38
Prepared statement........................................... 39
Biographical information..................................... 40
Viquar Ahmad, Nominee to be Assistant Secretary of Administration
and Chief Financial Officer, Department of Commerce............ 50
Prepared statement........................................... 51
Biographical information..................................... 52
Appendix
Statement of support entitled, ``Gigi Sohn for A Proactive-
Focused Federal Communications Commissioner''.................. 101
Statement of support for Gigi Sohn from Christopher Ruddy, CEO,
Newsmax........................................................ 102
Statement of support for Gigi Sohn from Byron Allen, Media
Entrepreneur, Big 4............................................ 102
Support letter for Gigi Sohn dated Nov. 2, 2021 to Hon. Maria
Cantwell, Hon. Roger Wicker, Hon. Ben Ray Lujan, Hon. John
Thune from Holly Borgmann, Vice President, Government Affairs,
ADT Security Services.......................................... 103
Support letter for Gigi Sohn dated November 4, 2021 to Hon. Roy
Blunt from Carson Coffman, President, Socket................... 103
Support letter for Gigi Sohn dated November 8, 2021 to Hon.
Cynthia Lummis from Brian Worthen, CEO, Visionary Broadband.... 104
Support letter for Gigi Sohn dated Nov. 10, 2021 to Hon. Maria
Cantwell and Hon. Roger Wicker from members of Broadband
Connects America (BCA)......................................... 104
Support letter for Gigi Sohn dated November 11, 2021 to Hon.
Maria Cantwell and Hon. Roger Wicker from Carri Bennet, General
Counsel, Stephen Sharbaugh, Legislative and Policy Analyst,
Rural Wireless Association, Inc................................ 106
Support letter for Gigi Sohn dated November 12, 2021 to Senator
Lisa Murkowski, Senator Pat Toomey, Senator Mitt Romney,
Senator Rob Portman, Senator Susan Collins, Senator John
Boozman, Senator Tommy Tuberville, and Senator John Kennedy
from Bob Knight, Commissioner & Co-Chair, Public Officials
Committee, Fiber Broadband Association......................... 107
Support letter for Gigi Sohn dated November 15, 2021 to Hon.
Maria Cantwell and Hon. Roger Wicker from Dan Mauer, Director
of Government Affairs, Communications Workers of America (CWA). 108
Support letter for Gigi Sohn dated November 15, 2021 to Hon.
Maria Cantwell and Hon. Roger Wicker from the Schools, Health &
Libraries Broadband (SHLB) Coalition, the National Digital
Inclusion Alliance (NDIA) and undersigned organizations........ 109
Support letter for Gigi Sohn dated November 16, 2021 to Hon.
Maria Cantwell and Hon. Roger Wicker from the The Leadership
Conference on Civil and Human Rights........................... 111
Support letter for Gigi Sohn dated November 17, 2021 to Senators
Sinema and Kelly from Cat's in the Cradle New Life Sanctuary,
Common Sense, Gila River Telecommunications, Inc., LISC
Phoenix, Native Public Media, NTEN, Red Rock Mountain Studios
LLC, Rural Arizona Action, Swinging Sixties Productions,
Terabyte Media LLC............................................. 113
Support letter for Gigi Sohn dated November 22, 2021 to Hon.
Jerry Moran from Daniel Friesen, Managing Partner & Chief
Innovation Officer, IdeaTek.................................... 114
Support letter for Gigi Sohn dated November 23, 2021 to Hon.
Maria Cantwell and Hon. Roger Wicker from Matthew Schruers,
President, CCA; Gary Bolton, President & CEO, Fiber Broadband
Association; and Chip Pickering, CEO, INCOMPAS................. 114
Support letter for Gigi Sohn dated November 29, 2021 to Hon.
Maria Cantwell and Hon. Roger Wicker from Hilda Gay Legg--
Former USDA Rural Development State Director for Kentucky and
the Former Administrator for RUS; Chad Rupe--managing member of
Rural Strategies LLC; Chip Pickering--CEO of INCOMPAS, Former
Republican Congressman from Mississippi; Daniel Linville--West
Virginia House of Delegates, Chairman of the Committee on
Technology and Infrastructure; and Judson Hill--Former
Republican Georgia State Senator............................... 115
Support letter for Gigi Sohn dated November 30, 2021 to Hon.
Maria Cantwell and Hon. Roger Wicker from Lou Fiore, Chairman,
Alarm Industry Communications Committee........................ 116
Statement of support for Gigi Sohn dated November 30, 2021 from
Chris Nussman, NENA News....................................... 116
Support letter for Gigi Sohn dated November 30, 2021 to Hon.
Chuck Schumer, Hon. Mitch McConnell, Hon. Maria Cantwell and
Hon. Roger Wicker from: 18 Million Rising, Access Humboldt,
Akaku Maui Community Media, Alliance for Community Media,
American Library Association, Appalshop Community Media
Initiative, Benton Institute for Broadband & Society, Branford
Community Television, California Center for Rural Policy,
California Clean Money Campaign, Capital Community Media, CATS
Community Access Television Services, Center for Accessible
Technology, Center for Democracy & Technology, City of New
Bedford Cable Access--New Bedford, MA, Color Of Change, Common
Sense, Communications Workers of America, Communities Closing
the Urban Digital Divide, Community Media Access Collaborative,
Decode Democracy, Demand Progress Education Fund, Democracy for
America, Derry Community Access Media, Duluth Public Access
Community Television, Electronic Frontier Foundation, Engine,
FC Public Media, Fight for the Future, Free Press Action,
Friends of the Earth, Granby Community Access and Media, Inc.,
The Greenlining Institute, Greenpeace USA, Hawaii Consumers,
Illinois for Educational Equity, Indivisible Sacramento,
Institute for Local Self-Reliance, Libraries Without Borders
U.S., Local TV, inc, Lynn Community Television, Massachusetts
Community Media dba MassAccess, Media Alliance, Media,
Inequality & Change Center, MediaJustice, Melrose Massachusetts
Television, Movement Alliance Project, Mozilla Foundation,
National Association of the Deaf, National Consumers League,
Native Public Media, Newark for Educational Equity & Diversity,
The New Hampshire Coalition for Community Media, North Shore
TV, NTEN, OD Action, The OMNI Centre for Public Media, Inc.,
OMNI Productions, Open MIC (Open Media and Information
Companies Initiative), Open Technology Institute, OpenMedia,
Orion Neighborhood Television (ONTV), The Other 98%, Our
Revolution, PhillyCAM, Presente.org, Progress America, Public
Knowledge, Revolving Door Project, RootsAction.org, Salem
Community Television, Salem NH, Salina Media Connection;
Community Access TV of Salina, Inc., San Diego Futures
Foundation, Tahoe Truckee Media, Telecommunications for the
Deaf and Hard of Hearing, Inc. (TDI), TURN--The Utility Reform
Network, United Church of Christ Media Justice Ministry, Valley
Shore Community Television Inc., Western New York Library
Resources Council, Winchester Community Access & Media, Inc.,
Writers Guild of America West, X-Lab........................... 117
Support letter for Gigi Sohn dated December 6, 2021 to Hon. Chuck
Schumer and Hon. Mitch McConnell from Douglas Denney, VP Legal
& Regulatory, Allstream; Chris Levendos, Executive Vice
President and Chief Operating Officer--Fiber, Crown Castle;
Jeff Blum, Senior Vice President, Public Policy and Government
Affairs, DISH; Gregory A. Aymar, Chief Executive Officer,
FiberComm; Kurt Van Wagenen, President and Chief Executive
Officer, FirstLight Fiber; Gary Watts, Chief Executive Officer,
Fuse; Michael B. Galvin, EVP & General Counsel, Granite
Communications, LLC; Fletcher Kittredge, Chief Executive
Officer, GWI; Edward E. Hilliary, Jr., Managing Partner,
Hilliary Communications, LLC; Jerrod Reimer, President and CEO,
IdeaTek; Edward J. O'Hara, Chief Executive Officer,
Inteliquent; Andoni Economou, Chief Operating Officer, MetTel;
Dane Jasper, Chief Executive Officer, Sonic Telecom; Rebecca H.
Sommi, VP Vendor Management, Specrotel Holding Company LLC;
Chet Kanojia, Chief Officer, Starry, Inc; Joshua Broder, Chief
Executive Officer, Tilson; Kenny Gunderman, Chief Executive
Officer, Uniti Group, Inc.; Brian Worthen, Chief Executive
Officer, Visionary Broadband; Ray LaChance, Co-Founder and
Chief Executive Officer, ZenFi Networks; and Ted Gilliam,
General Counsel, Strategic and Regional Sales, Zayo............ 119
Support letter for Gigi Sohn dated December 9, 2021 to Hon. Maria
Cantwell, Hon. Ben Ray Lujan, Hon. Roger Wicker and Hon. John
Thune from Miguel Roggero, Chief Executive Officer, Fuse Media. 121
Support letter for Gigi Sohn dated December 10, 2021 to Maria
Cantwell and Roger Wicker from Mayor Annise Parker, President &
CEO, LGBTQ Victory Institute................................... 122
Support letter for Gigi Sohn dated December 10, 2021 to Senator
Maria Cantwell and Senator Roger Wicker from LGBTQ Victory
Institute, David C. Bohnett, GLAAD, Human Rights Campaign,
InterAct, LPAC Action Network, National LGBTQ Task Force Action
Plan, PFLAG and Woodland Freedom Foundation.................... 123
Support letter for Gigi Sohn from Derek Masseth, Executive
Director, Sun Corridor Network................................. 124
Support letter for Gigi Sohn dated January 3, 2022 to Sen. Maria
Cantwell and Sen. Roger Wicker from Jamie Barnett, RDML, USN
(retired and David S. Turetsky................................. 124
Support letter for Gigi Sohn dated January 6, 2022 to Hon. Maria
Cantwell from Christopher M. Shelton, President, Communications
Workers of America............................................. 126
Support letter for Gigi Sohn dated January 14, 2022 Senators
Sinema and Kelly from Terry Goddard, Goddard Law Office PLC.... 126
Support letter for Gigi Sohn dated January 18, 2022 to Senator
Maria Cantwell and Senator Roger Wicker from Jerame Davis,
Executive Officer, Pride at Work............................... 127
Support letter for Gigi Sohn dated January 24, 2022 from Marc H.
Morial, President and Chief Executive Officer, National Urban
League......................................................... 128
Support letter for Gigi Sohn dated February 1, 2022 to Majority
Leader Schumer and Commerce Committee Chair Cantwell from Wade
Henderson, Interim President and CEO, The Leadership Conference
on Civil and Human Rights; and Janet Murguia, President and
CEO, UnidosUS.................................................. 128
Support letter for Gigi Sohn dated February 7, 2022 to Hon. Maria
Cantwell and Hon, Roger Wicker from Preston Addend, Boulder
Thinking, LLC.................................................. 130
Support letter for Gigi Sohn dated February 7, 2022 to Majority
Leader Schumer and Commerce Committee Chair Cantwell from Wade
Henderson, Interim President and CEO, The Leadership Conference
on Civil and Human Rights; Janet Murguia, President and CEO,
UnidosUS; and Marc Morial, President and CEO, National Urban
League......................................................... 131
Support letter for Gigi Sohn dated March 2, 2022 to Hon. Charles
Schumer, Hon. Mitch McConnell, Hon. Maria Cantwell, Hon. Roger
Wicker from David Young, Executive Director, Writers Guild of
America West................................................... 132
Support letter for Gigi Sohn dated April 19, 2022 to Hon. Kyrsten
Sinema and Hon. Mark Kelly from Jonathan Nez, President, Navajo
Nation and Myron Lizer, Vice President, Navajo Nation.......... 133
Support letter for Gigi Sohn dated April 27, 2022 to Senator Ben
Ray Lujan from Godfrey Enjady, President, National Tribal
Telecommunications Association................................. 134
Opposition statement for Gigi Sohn from Mike Montgomery,
Executive Director, CALinnovates............................... 134
Opposition letter for Gigi Sohn dated March 1, 2022 to Hon. Maria
Cantwell and Hon. Roger Wicker from Neil Bradley, Executive
Vice President, Chief Policy Officer and Head of Strategic
Advocacy, U.S. Chamber of Commerce............................. 135
Opposition statements for Gigi Sohn.............................. 137
Support letter for Jessica Rosenworcel, Gigi Sohn and Alan
Davidson dated November 16, 2021 to Hon. Chuck Schumer, Hon.
Mitch McConnell, Hon. Maria Cantwell and Hon. Roger Wicker
from: 18 Million Rising, Access Humboldt, Akaku Maui Community
Media, Alliance for Community Media, American Library
Association, Appalshop Community Media Initiative, Benton
Institute for Broadband & Society, Branford Community
Television, California Center for Rural Policy, California
Clean Money Campaign, Capital Community Media, CATS Community
Access Television Services, Center for Accessible Technology,
Center for Democracy & Technology, City of New Bedford Cable
Access--New Bedford, MA, Color Of Change, Common Sense,
Communications Workers of America, Communities Closing the
Urban Digital Divide, Community Media Access Collaborative,
Decode Democracy, Demand Progress Education Fund, Democracy for
America, Derry Community Access Media, Duluth Public Access
Community Television, Electronic Frontier Foundation, Engine,
FC Public Media, Fight for the Future, Free Press Action,
Friends of the Earth, Granby Community Access and Media, Inc.,
The Greenlining Institute, Greenpeace USA, Hawaii Consumers,
Illinois for Educational Equity, Indivisible Sacramento,
Institute for Local Self-Reliance, Libraries Without Borders
U.S., Local TV, inc, Lynn Community Television, Massachusetts
Community Media dba MassAccess, Media Alliance, Media,
Inequality & Change Center, MediaJustice, Melrose Massachusetts
Television, Movement Alliance Project, Mozilla Foundation,
National Association of the Deaf, National Consumers League,
Native Public Media, Newark for Educational Equity & Diversity,
The New Hampshire Coalition for Community Media, North Shore
TV, NTEN, OD Action, The OMNI Centre for Public Media, Inc.,
OMNI Productions, Open MIC (Open Media and Information
Companies Initiative), Open Technology Institute, OpenMedia,
Orion Neighborhood Television (ONTV), The Other 98%, Our
Revolution, PhillyCAM, Presente.org, Progress America, Public
Knowledge, Revolving Door Project, RootsAction.org, Salem
Community Television, Salem NH, Salina Media Connection;
Community Access TV of Salina, Inc., San Diego Futures
Foundation, Tahoe Truckee Media, Telecommunications for the
Deaf and Hard of Hearing, Inc. (TDI), TURN--The Utility Reform
Network, United Church of Christ Media Justice Ministry, Valley
Shore Community Television Inc., Western New York Library
Resources Council, Winchester Community Access & Media, Inc.,
Writers Guild of America West, X-Lab........................... 148
Support letter for Alan Davidson dated November 29, 2021 to Hon.
Maria Cantwell and Hon. Roger Wicker from: Harold Abelson,
Professor, Department of Electrical Engineering and Computer
Science, Massachusetts Institute of Technology; Susan Landau,
Bridge Professor in Cyber Security and Policy, Fletcher School
of Law & Diplomacy and School of Engineering, Tufts University;
Matt Blaze, McDevitt Professor of Computer Science and Law,
Georgetown University; Deirdre Mulligan, Professor, School of
Information, Berkeley Center for Law & Technology, University
of California Berkeley; L. Jean Camp, Professor of Informatics
& Computer Science, Indiana University; Daniel J. Weitzner,
3Com Founders Principal Research Scientist, Computer Science
and Artificial Intelligence Lab, Massachusetts Institute of
Technology; Vint Cerf, Internet Pioneer; Josephine Wolff,
Associate Professor of Cybersecurity Policy, Fletcher School of
Law and Diplomacy, Tufts University; David D. Clark, Senior
Research Scientist, MIT CSAIL Advanced Network Architecture
Group, Massachusetts Institute of Technology; Lorrie Cranor,
Bosch Distinguished Professor in Security and Privacy
Technologies and FORE Systems Professor of Computer Science and
of Engineering & Public Policy, Carnegie Mellon University;
Stephen D. Crocker, President, Edgemoor Research Institute,
Joan Feigenbaum, Grace Murray Hopper Professor of Computer
Science, Yale University....................................... 150
Support letter for Alan Davidson dated November 30, 2021 to Hon.
Maria Cantwell and Hon. Roger Wicker from Ying McGuire, Co-
Chair, National AAPI Business Leaders, Business Council and
CEO, National Minority Supplier Development Council; Chiling
Tong, CEO and President, National ACE, Jimmy Ferguson, Co-
Chair, Texas AAPI Business Leaders Council..................... 151
Support letter for Alan Davidson dated December 14, 2021 to
Members of the United States Senate from Neil L. Bradley,
Executive Vice President, Chief Policy Officer and Head of
Strategic Advocacy, U.S. Chamber of Commerce................... 152
Support letter for Viquar Ahmad dated January 30, 2022 from James
F. Butler and Eric Littlepage, U.S. House of Representatives
and U.S. Department of Homeland Security....................... 153
Response to written questions submitted to Gigi B. Sohn by:
Hon. Richard Blumenthal...................................... 154
Hon. Jon Tester.............................................. 154
Hon. Kyrsten Sinema.......................................... 155
Hon. Ben Ray Lujan........................................... 156
Hon. Raphael Warnock......................................... 157
Hon. Roger Wicker............................................ 158
Hon. John Thune.............................................. 164
Hon. Roy Blunt............................................... 165
Hon. Deb Fischer............................................. 168
Hon. Jerry Moran............................................. 169
Hon. Dan Sullivan............................................ 170
Hon. Marsha Blackburn........................................ 171
Hon. Todd Young.............................................. 172
Hon. Mike Lee................................................ 172
Hon. Ron Johnson............................................. 177
Hon. Shelley Moore Capito.................................... 177
Hon. Rick Scott.............................................. 180
Hon. Cynthia Lummis.......................................... 182
Response to written questions submitted to Jed Kolko by:
Hon. Amy Klobuchar........................................... 182
Hon. Raphael Warnock......................................... 183
Hon. Marsha Blackburn........................................ 184
Hon. Rick Scott.............................................. 185
Response to written questions submitted to Alan B. Davidson by:
Hon. Amy Klobuchar........................................... 185
Hon. Kyrsten Sinema.......................................... 185
Hon. Raphael Warnock......................................... 187
Hon. Roger Wicker............................................ 188
Hon. John Thune.............................................. 191
Hon. Roy Blunt............................................... 192
Hon. Deb Fischer............................................. 194
Hon. Jerry Moran............................................. 194
Hon. Dan Sullivan............................................ 195
Hon. Marsha Blackburn........................................ 197
Hon. Todd Young.............................................. 197
Hon. Mike Lee................................................ 198
Hon. Ron Johnson............................................. 201
Hon. Shelley Moore Capito.................................... 201
Hon. Rick Scott.............................................. 203
Hon. Cynthia Lummis.......................................... 204
Response to written questions submitted to Viquar Ahmad by:
Hon. Amy Klobuchar........................................... 204
Hon. Roger Wicker............................................ 205
Hon. Marsha Blackburn........................................ 206
Hon. Rick Scott.............................................. 206
NOMINATION TO THE
FEDERAL COMMUNICATIONS COMMISSION
AND THE DEPARTMENT OF COMMERCE
----------
WEDNESDAY, DECEMBER 1, 2021
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:27 a.m., in
room SR-253, Russell Senate Office Building, Hon. Maria
Cantwell, Chairman of the Committee, presiding.
Present: Senators Cantwell [presiding], Klobuchar,
Blumenthal, Schatz, Markey, Peters, Baldwin, Sinema, Rosen,
Lujan, Hickenlooper, Wicker, Blunt, Cruz, Fischer, Moran,
Sullivan, Blackburn, Young, Lee, and Capito.
OPENING STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
The Chairwoman: Our hearing is a very important set of
nominees, and so I want to welcome them and their families to
the dais. Thank you so much for being here. First, we will
consider the nomination of Gigi Sohn to be Commissioner of the
Federal Communications Commission. Ms. Sohn, welcome to you and
your family who I understand is joining you today. The pandemic
demonstrates how essential broadband is to participate in our
21st century economy and the FCC's critical role in helping our
country be competitive.
If confirmed, Ms. Sohn will help lead the FCC's effort to
address the lack of broadband connectivity in our country due
to gaps in broadband infrastructure and the lack of affordable
services. As Commissioner, she will also be responsible for
supporting the diversity and health of local broadcasters, that
they continue to reflect the interest of local communities, and
I look forward to hearing how she intends to support
broadcasters and their continued important role, if confirmed.
She is also responsible for coordinating with NTIA on Federal
spectrum sharing policies to protect incumbent users and
promote innovation, and she has a decade long of experience as
advocating on important telecommunications policy.
She was co-founder of Public Knowledge before becoming a
Senior Adviser to Chairman Wheeler of the FCC, and she is
currently a Distinguished Fellow at Georgetown Institute for
Technology, Law and Policy, Senior Fellow and public advocate
at the Benton Institute. If confirmed, she will also be the
first openly LGBTQ+ Commissioner in the history of the FCC. And
she will also consider--we also, I am sorry, sorry--we will
also consider the nomination of Alan Davidson, thank you for
being here, to be Assistant Secretary for Communications and
Information at the Department of Commerce. Today, it is
important more than ever to have a critically strong role at
NTIA as the agency leads the largest broadband investment in
our Nation's history to finally bridge the digital divide.
Both my colleagues, Senator Wicker and Senator Klobuchar,
have worked tirelessly as on legislation to try to enhance the
role of NTIA, so I look forward to having a robust discussion
about what leadership role NTIA can play on broadband. The
Infrastructure Investment and Jobs Act will ask NTIA to
increase and implement programs set at historic levels. So I
look forward to asking NTIA, Mr. Davidson, about those efforts
and what we can do, particularly on the issues of digital
divide and cost. I also, with the vote of Chairman Rosenworcel
and Mr. Bedoya this morning, today's hearing, Ms. Sohn and Mr.
Davidson, we are getting closer to providing these agencies
with the key tools that they need to do their job.
Next, we will consider the nomination of Jed Kolko to be
Undersecretary of Economic Affairs at the Department of
Commerce. Welcome to you. The Undersecretary for Economic
Affairs is responsible for providing economic analysis,
disseminating national economic indicators, serving the
Administrator as the Department's premier statistical programs,
and including in that the Bureau of Economic Analysis and the
Census Bureau. These bureaus and others in the Department
provide important critical data to our Nation, to our agencies,
and to private sector entities. Everything from science,
climate, weather, and economic indicators, including trade and
telecommunications.
Mr. Kolko has been Chief Economist at Indeed since 2016,
and before that was Chief Economist and VP of analytics at
Trulia. So he brings private sector experience as well. He has
also had numerous research positions where his work has focused
on ways to incorporate proprietary and public data into
research that is accessible and actionable for a wide range of
audiences. To help our economy thrive, the Department needs
leaders who will set high standards not only for data
integrity, but for accessibility as well.
Policymakers and business entities should be able to easily
access the data to develop the Department of Economic Analysis
and the Census Bureau to make good policy and business
decisions. So I look forward to asking you about that at the
hearing. And finally, we will consider Mr. Viquar Ahmad to be
Assistant Secretary for Administration and Chief Financial
Officer for the Department of Commerce. Welcome to you, Mr.
Ahmad. The Assistant Secretary for Administration and Chief
Financial Officer serves the Department's financial resources
and human resources and facilities.
It is a critical role on the annual budget and managing the
billions of dollars that are basically allocated through the
Infrastructure and Jobs Act, as an example. So you are
extremely qualified, I believe, for this role, multiple
leadership roles in the U.S. Government over the past decade,
including managing and overseeing the $70 billion budget for
the Department of Homeland Security and its component agencies.
Currently serves as the Deputy Chief Financial Officer for the
U.S. House of Representatives.
I look forward to your confirmation. So thank you all for
being here and your willingness to serve. I now turn to our
Ranking Member, Senator Wicker.
STATEMENT OF HON. ROGER WICKER,
U.S. SENATOR FROM MISSISSIPPI
Senator Wicker. Thank you, my friend, Senator Cantwell. And
I do agree this is an important hearing to consider nominations
of Ms. Gigi Sohn to be a Commissioner of the FCC; Mr. Alan
Davidson to be Assistant Secretary of Commerce for
Communications and Information; Mr. Jed Kolko to be
Undersecretary of Commerce for Economic Affairs; and Mr. Viquar
Ahmad to be Assistant Secretary of Commerce for Administration
and Chief Financial Officer at the Department of Commerce. I
look forward to being introduced to family members if they are
in attendance today. These positions are vital to the Nation's
economy, and it is essential that the Committee give careful
consideration to the goals and qualifications of the
individuals who have been nominated to fill them.
Ms. Sohn has been an active participant in the telecom
sector for her entire career, including her tenure on the staff
of former FCC Chairman Tom Wheeler. Many members of our
committee have had the opportunity to engage with her over the
years on public policy issues under consideration by Congress
and the FCC. All who know her would agree that she is
knowledgeable and determined to--and a determined advocate. I
am concerned about her record of expressing hyper-partisan
views on many critical matters that have come before the
Commission, and which may come before the Commission again in
the future, such as net neutrality. The person who fills the
fifth seat on the FCC should be committed to promoting a
cooperative environment in which our Nation's most pressing
telecommunications challenges can be resolved.
I look forward to hearing from Ms. Sohn today about her
qualifications, as well as her goals and strategies for
furthering the work of the FCC. Mr. Davidson is the President's
nominee to be Administrator of NTIA. He has numerous
professional accomplishments in the private sector and also
previously served at the Department of Commerce during the
Obama Administration as Director of Digital Economy and Senior
Adviser to the Secretary. He has been nominated to serve at a
pivotal juncture, which, of course, Senator Cantwell has
pointed out. NTIA is poised to distribute $48.2 billion in
broadband funding throughout the country.
I am eager to learn more about his vision for leading this
agency and rapidly deploying the regulatory and staffing
structure that is needed to implement the Infrastructure
Investment and Jobs Act. Mr. Kolko has worked as an economist
for major corporations and, if confirmed, would bring the
experience--this experience to the Federal Government. Mr.
Ahmad has served as Deputy Chief Financial Administrator for
the U.S. House since 2017, and his career has also included
service in other Federal budgetary and financial management
positions.
Since you have not previously worked at the Department of
Commerce, Mr. Ahmad, will have much to learn regarding its
budget priorities and oversight of key programs, including the
development of the next generation of NOAA satellites. I am
interested in how Mr. Kolko and Mr. Ahmad plan to maximize
their appointed roles in the Department of Commerce. And I wish
to thank each of you for your willingness to serve and yield
back to my chair.
The Chairwoman: Thank you. Ms. Sohn, welcome. We will ask
each of the witnesses to provide an opening statement and
hopefully keep within the 5-minutes so we can get to Q&A, and
obviously you can submit longer statements for the record. So
Ms. Sohn, welcome to you.
STATEMENT OF GIGI B. SOHN, NOMINEE TO BE A COMMISSIONER,
FEDERAL COMMUNICATIONS COMMISSION
Ms. Sohn. Thank you, Chair Cantwell, Member Wicker, members
of the Committee. I am honored to be nominated by President
Biden and to be considered by this committee for a seat on the
Federal Communications Commission. It has been a privilege to
meet with many of you over the past few weeks. I am delighted
to be joined by my wife, Laura Ballard, our daughter Jocelyn
Sohn, my mother in law, Cindy Ballard, and my brother, Eric.
They are all behind me. I want to acknowledge my mother, Roma,
who can't be here today. Their love and support are the reason
that I am here. My parents raised my three brothers and me in a
middle class household on Long Island, where I was far more
likely to play sports and watch my beloved Mets and Jets than
talk about policy.
The radio was always on in my family kitchen, where reports
from the frontlines of the Vietnam War, Watergate, and other
critical events of the 60s and 70s resonated. It was there that
I learned the power of communications networks to inform public
discourse and promote democratic values. My love of local
broadcasting and especially radio, led me to Boston University,
where I studied communications, law, and policy. After school
and private practice, I started what has been an over 30 year
career as a public interest lawyer, advocating for policies
that ensure that modern communications networks are available
to everyone, regardless of who they are or where they live.
The past two decades, I have worked toward the goal of
ensuring that every household in the U.S. has robust and
affordable broadband Internet access. While much of my career
has been spent in the nonprofit and academic sectors, I also
spent 3 years as Counselor to then FCC Chairman Tom Wheeler. I
gained the important experience of working inside the agency,
balancing the competing equities of the FCC's numerous
stakeholders. It was hard work, but it was the most formative
experience of my career because it helped me understand the
different tools needed to be an effective policymaker.
If I am fortunate enough to be confirmed by the Senate,
here are some of the values that I will bring to the FCC. First
and foremost, pragmatism. I have always been a strong advocate
for the public interest, but I have also demonstrated a
willingness to reach out and sit down with people who disagree
with my position to try and find common ground. I have done so
whether someone is from a different political party or from
industry, and even when doing so has put me at odds with some
of the public interest community.
Second, integrity and transparency. I am always willing to
listen and respect positions different from my own. You will
always know where I am coming from, and my door will always be
open. We may not ultimately agree on the policy outcome, but
you won't be surprised by my position. Third, competition.
Markets work best when there is vigorous competition. It is the
surest way to make certain that broadband is available,
affordable, and open to a diversity of viewpoints. Federal
policies that promote competition are always superior to heavy
handed behavioral of price regulation, which is why I have
always supported policies that lower barriers to entry and
minimize gatekeeper power.
Finally, free expression. Freedom of speech is the
lifeblood of our American experience and has always been at the
core of my work. I am proud that some of the most conservative
television networks are supporting my confirmation because I
have worked with them for years to get access to cable
subscribers after operators refuse to carry them. I have also
worked with communities of color and the LGBTQ+ community to
ensure access to their voices on different platforms without
interference. I have always believed that democracy works best
when voices of all kinds can speak and be heard. I have been
asked why, after a long career, I would want a seat on the FCC.
My answer is simple. If confirmed, I would be serving on the
Commission at a critical time for our country.
Thanks to the work of Congress over the past year, there
are ample resources and bipartisan support to make enormous
progress in closing the digital divide in both rural and urban
areas. These resources will help deploy networks everywhere and
allow for low income households to afford and adopt broadband,
which is essential to full participation in our society and our
economy. It would be the honor of a lifetime to help the FCC
and Congress attain that goal. If confirmed, I look forward to
working with Congress, members of this committee, Chairwoman
Rosenworcel, and Commissioners Carr, Starks, and Simington to
achieve universal connectivity in the United States. Thank you.
[The prepared statement and biographical information of Ms.
Sohn follow:]
Prepared Statement of Gigi B. Sohn, Nominee to be a Commissioner,
Federal Communications Commission
Chairwoman Cantwell, Ranking Member Wicker, members of the
Committee, I am honored to be nominated by President Biden and to be
considered by this Committee for a seat on the Federal Communications
Commission. It has been a privilege to meet with many of you over the
past several weeks.
I am delighted to be joined by my wife, Lara Ballard, our daughter
Yosselin Sohn, my mother-in-law Cindy Ballard and my brother Eric. I
want to acknowledge my mother, Roma, who can't be here today, but whose
love and support are the reason that I am here.
My parents raised my three brothers and me in a middle-class
household on Long Island, where I was far more likely to play sports
and watch my beloved Mets and Jets than talk about policy. The radio
was always on in the family kitchen, where reports from the frontlines
of the Vietnam War, Watergate, and other critical events of the '60s
and '70s resonated. It was there that I learned the power of
communications networks to inform public discourse and promote
democratic values. My love of local broadcasting, and especially radio,
led me to Boston University, where I studied communications law and
policy.
After school and private practice, I started what has been an over
30-year career as a public interest lawyer advocating for policies that
ensure that modern communications networks are available to everybody,
regardless of who they are or where they live. For the past two
decades, I have worked towards the goal of ensuring that every
household in the U.S. has robust and affordable broadband Internet
access.
While much of my career has been spent in the nonprofit and
academic sectors, I also spent three years as Counselor to then-FCC
Chairman Tom Wheeler. I gained the important experience of working
inside the agency, balancing the competing equities of the FCC's
numerous stakeholders. It was hard work, but it was the most formative
experience of my career because it helped me understand the different
tools needed to be an effective policymaker.
If I am fortunate enough to be confirmed by the Senate, here are
some of the values that I would bring to the FCC:
First and foremost, pragmatism. I have always been a strong
advocate for the public interest, but I have also demonstrated a
willingness to reach out and sit down with people who disagree with my
position to try and find common ground. I have done so whether someone
is from a different political party or from industry--and even when
doing so has put me at odds with some in the public interest community.
Second, integrity and transparency. I am always willing to listen
and respect positions different from my own. You will always know where
I'm coming from, and my door will always be open. We may not ultimately
agree on the policy outcome, but you won't be surprised about my
position.
Third, competition. Markets work best when there is vigorous
competition. It is the surest way to make certain that broadband is
available, affordable, and open to a diversity of viewpoints. Federal
policies that promote competition are always superior to heavy-handed
behavioral or price regulation, which is why I have always supported
policies that lower barriers to entry and minimize gatekeeper power.
Finally, free expression. Freedom of speech is the lifeblood of our
American experience and has always been at the core of my work. I am
proud that some of the most conservative television networks are
supporting my confirmation because I worked with them for years to get
access to cable subscribers after operators refused to carry them. I
have also worked with communities of color and the LGBTQ+ community to
ensure access to their voices on different platforms without
interference. I have always believed that democracy works best when
voices of all kinds can speak and be heard.
I've been asked why, after a long career, I would want a seat on
the FCC. My answer is simple. If confirmed, I would be serving on the
Commission at a critical time for our country. Thanks to the work of
Congress over the past year, there are ample resources--and bipartisan
support--to make enormous progress in closing the digital divide in
both rural and urban areas. These resources will help deploy networks
everywhere and allow for low-income households to afford and adopt
broadband, which is essential to full participation in our society and
our economy. It would be the honor of a lifetime to help the FCC and
Congress attain that goal.
If confirmed, I look forward to working with Congress, Members of
this Committee, Chairwoman Rosenworcel, and Commissioners Carr, Starks
and Simington to achieve universal connectivity in the United States.
Thank you.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used): Gigi Beth
Sohn.
2. Position to which nominated: Commissioner, Federal
Communications Commission.
3. Date of Nomination: October 26, 2021.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: Information not provided.
5. Date and Place of Birth: August 2, 1961; Rockville Centre, New
York.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Spouse: Lara Ann Ballard, Privacy and Intelligence Oversight
Officer, Office of Investigations and Analysis, U.S. Department of
Homeland Security.
7. List all college and graduate degrees. Provide year and school
attended.
College: Boston University, September 1979-May 1983. Graduated
with a B.S. in Broadcasting and Film, Summa Cum Laude.
Law School: University of Pennsylvania Carey School of Law,
September 1983-May 1986. Graduated with a Juris Doctor.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Secondary Mortgage Company, Boston Massachusetts
Clerk, Summer 1983
Boston Colonial Theater, Boston Massachusetts
Bartender, Summer 1983
Quincy Market Engraving Station, Boston Massachusetts
Retail Clerk/Engraver, Summer 1983
DC Court of Appeals, Washington, DC
Law Clerk, Summer 1984
Zuckert, Scoutt & Rasenberger, Washington, DC
Summer Associate, Summer 1985
Associate, September 1986-August 1988
Tomar, Parks, Seliger, Simonoff & Adourian, Haddonfield, New
Jersey (now defunct)
Law Clerk, School Year 1985
University of Pennsylvania Law School Civil Practice Clinic,
Philadelphia, PA
Law Clerk, Summer 1986
Media Access Project, Washington, DC (Management-level)*
Executive Director, September 1996 to March 1999
Deputy Director, November 1990 to August 1996
Staff Attorney, September 1988 to October 1992
Benjamin N. Cardozo School of Law, Yeshiva University, New
York, NY*
Adjunct Professor, January 2001 to May 2001
Ford Foundation, New York, NY*
Project Specialist, August 2000 to January 2001
Consultant, May 1999 to July 2000
Public Knowledge, Washington, DC (Management-level)*
Co-Founder, President & Chief Executive Officer, August 2001 to
October 2013
Georgetown University, Washington, DC*
Adjunct Professor, Fall 2002
Federal Communications Commission, Washington, DC (Management-
level)*
Counselor to the Chairman, March 2015 to December 2016
Special Counsel for External Affairs, November 2013 to February
2015
Self-Employed, Washington, DC (see Fellowships below)*
January 2017 to present
Institute for Technology Law & Policy at Georgetown Law,
Washington, DC* (Management-level)
Distinguished Fellow, April 2017 to present
Benton Institute for Broadband and Society, Chicago, IL*
Senior Fellow and Public Advocate, October 2017 to present
Open Society Foundations, New York, NY*
Leadership in Government Fellow, January 2017 to January 2018
Mozilla Foundation, San Francisco, CA*
Fellow, February 2017 to November 2018
*Indicates a job that relates to the position for which I am
nominated.
9. Attach a copy of your resume.
Attached (Attachment A).
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years.
University of Colorado School of Law, Silicon Flatirons Center
for Law, Technology & Entrepreneurship
Senior Adjunct Fellow, March 2008 to October 2013
Center for Copyright Information
Member, Advisory Board, September 2011 to October 2013
Open Markets Institute
Member, Advisory Board, March 2020 to present
Engelberg Center on Law & Innovation Policy, NYU Law School
Member, Advisory Board, November 2019 to present
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
Sports Fans Coalition NY, Inc.
Board Member, March 2020 to present
Electronic Frontier Foundation (EFF)
Board Member, December 2018 to present
Broadband Internet Technical Advisory Group (BITAG)
Co-Chair, December 2011 to October 2013
Member, Board of Directors, December 2010 to October 2013
Telecommunications Policy Research Conference (TPRC)
Member, Board of Directors, November 2006 to December 2012
Board Treasurer, January 2010 to December 2012
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, you do not have to list your
religious affiliation or membership in a religious house of worship or
institution.). Include dates of membership and any positions you have
held with any organization. Please note whether any such club or
organization restricts membership on the basis of sex, race, color,
religion, national origin, age, or disability.
Palisades Swim and Tennis Club, Cabin John, MD: 2014 to present
Dues paying member
Confidence During Kaos (CDK) Krav Maga, Chevy Chase, MD: 2017-July 2021
Dues paying member
Circle Yoga, Washington, DC: 2011-June 2021
Dues paying members
Democratic Party, Washington, DC: 2011 to present
Members by party affiliation
DC Bar, Washington, DC: 2011 to present
Dues paying member
Member, DC Bar Board of Governors: 1997-2000
Federal Communications Bar Association, Washington, DC: 2011 to present
Dues paying member
Served on nominations Committee
Served as a featured speaker and mentor at many FCBA events
Ben Murch Home and School Association, Washington, DC: 2011-2016
Dues paying member
Alice Deal Community Association, Washington, DC: 2016-2019
Dues paying member
National Museum of African-American History and Culture, Washington,
DC: 2016 to present
Charter member/Director's Circle Member
Friends of the National Zoo, Washington, DC: 2011-2020
Dues paying member
Politics & Prose, Washington, DC: est. 2012 to present
Dues paying member
Electronic Frontier Foundation, San Francisco, CA: 2017 to present
Board Member
Dues paying member
National Museum of the American Indian, Washington, DC: est. 2014-2018
Dues paying members
WAMU: 88.5 FM, Washington, DC: 2011 to present
Dues paying sustaining member
WWOZ New Orleans 90.7, New Orleans, LA: 2016 to present
Dues paying sustaining members
Consumer Reports, Yonkers, NY: 2017 to present
Dues paying member
National LGBTQ Task Force, Washington, DC: est. 2013-2018
Dues paying member
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
I have never been a candidate for nor held a public office.
14. List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities.
I am a member of the Democratic party but have never held any
position, paid or otherwise, in the party.
I served as a policy volunteer for the Biden-Harris Campaign from
July 2020-November 2020 and as a policy volunteer for the Obama-Biden
Campaign from May 2008-November 2008.
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years.
Biden for President (2020): $2,985.69
Biden Victory Fund (2020): $1,885.69
Warren for President (2020): $1,418.30
Booker Senate Victory/Cory Booker for Senate (2017): $500
Hillary for America (2016): $1,055.56
Hillary Victory Fund (2016): $805.56
The Markey Committee (2013-2019): $1,600
Tammy Baldwin For Senate (2012-2018): $1,000
Obama For America (2012): $2,750
Obama Victory Fund (2012): $1,750
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Fellowships
Distinguished Fellow, Georgetown Law Institute for Technology
Law & Policy
Distinguished Fellow, April 2017 to present
Senior Fellow and Public Advocate, Benton Institute for
Broadband & Society
Senior Fellow and Public Advocate, October 2017 to present
Mozilla Fellow
Fellow, February 2017-November 2018
Open Society Foundations Leadership in Government Fellow
Leadership in Government Fellow, January 2017-January 2018
University of Colorado School of Law, Silicon Flatirons Center
for Law, Technology & Entrepreneurship
Senior Adjunct Fellow, March 2008 to October 2013
University of Southern California--Annenberg Center
Non-resident Fellow, October 2006 to January 2008
University of Melbourne Faculty of Law, Graduate Studies
Program, Melbourne, VIC
Senior Fellow, June 2000
Honors
Washingtonian ``Washington's Most Influential People'' (March
2021)
National Journal ``NJ 50: 50 people changing the game in
Washington'' (November 2019)
Office of Communication of the United Church of Christ, Everett
C. Parker Award (October 2018)
Coalition for Local Internet Choice ``National Champion for
Local Internet Choice'' Award (October 2016)
One Community ``Broadband Hero'' Award (September 2014)
Non-Profit Times ``Power & Influence Top 50.'' (August 2011)
Electronic Frontier Foundation Pioneer Award (May 2006)
Gay and Lesbian Attorneys of Washington (GAYLAW) Distinguished
Community Service Award (December 1997)
American Lawyer Magazine's ``The Public Sector 45: Forty-five
Young Lawyers Outside the Private Sector Whose Vision and
Commitment are Changing Lives'' (January/February 1997)
National Law Journal's ``40 Young Attorneys Who Are Making
Their Mark'' (November 1995)
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
List of publications and speeches attached (Attachment B).
18. List all digital platforms (including social media and other
digital content sites) on which you currently or have formerly operated
an account, regardless of whether or not the account was held in your
name or an alias. Include the name of an ``alias'' or ``handle'' you
have used on each of the named platforms. Indicate whether the account
is active, deleted, or dormant. Include a link to each account if
possible.
My website, which includes most of the news stories in which I'm
quoted, as well as most of my speeches, testimony and press statements
from 2017 to present: http://gigisohn.com/
All the episodes of my ``Tech on the Rocks'' podcast are here.
My current Twitter handle is @gigibsohn. When I worked at the FCC
from 2013-2016, my Twitter handle was: @gigibsohnFCC. The FCC account
has been dormant/inactive since the day I left the agency.
My Facebook page can be found at https://www.facebook.com/
gigi.b.sohn
My LinkedIn page can be found at https://www.linkedin.com/in/
gigisohn/
19. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
List of testimony attached (Attachment C).
20. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have spent nearly my entire career as an advocate for universal
and affordable access to open and democratic communications networks,
be they broadcast, cable, telephone or broadband. That is the exact
statutory mission of the FCC--to ensure that everyone in the U.S. has
access to and can use the networks that are central to an informed
democracy, a strong economy and an open society. That goal is more
important today than it has ever been, as access to broadband is
essential to full participation in our society and our economy and our
education and health care systems.
In addition to my substantive knowledge, I co-founded and built the
non-profit organization Public Knowledge, and successfully managed it
for 12 years. I left the organization in strong financial and
managerial health, and it recently celebrated its 20th anniversary.
During my tenure as Counselor to former Chairman Wheeler, I became
intimately familiar with the inner workings of the FCC. I worked with
nearly every Bureau and Office, including the other Commissioners'
offices, the Managing Director's office and other technical and
administrative offices.
Finally, over the past 30+ years, I have built a network of
colleagues, friends and advisors from across industries and sectors,
including philanthropy, academia, the public interest community and
federal, state and local policymakers. This network will be critical to
addressing what I believe is the FCC's biggest challenge--ensuring that
every household in the U.S. has affordable and robust broadband
Internet access.
21. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
As a member of the FCC, I believe that I would have a duty to
ensure that the agency has proper management and accounting controls. I
was the President and CEO of the non-profit Public Knowledge for 12
years, and while it was not a large organization, it had its own
challenges regarding management and accounting, albeit on a smaller
scale. I was a CEO that hired a strong executive team, but took
ultimate responsibility for the finances and management of the
organization.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
The FCC's top challenge is ensuring that every household in
the U.S. has affordable and robust broadband Internet access.
The COVID-19 pandemic made abundantly clear that tens of
millions of people in the U.S. lack affordable and robust
broadband Internet, and that such connectivity is essential to
ensure full participation in our society, our economy, our
education and health care systems and our civic life. The FCC
has many tools at its disposal to connect the unconnected, but
they must be deployed wisely and effectively. Moreover,
achieving the goal of universal and affordable broadband
Internet access will take an ``all-hands-on-deck'' approach,
with the Federal government, states, rural and urban
communities, the philanthropic sector, and industry working
together to build and execute a blueprint for universal
broadband. The FCC must be a leader in building and executing
this blueprint.
Another major challenge for the FCC is ensuring that our
communications networks are resilient and secure. There have
been too many instances over the past 5 years of networks
failing, often for long periods of time, as a result of major
natural disasters, which are becoming increasingly common. The
FCC must hold network operators to high standards of resiliency
to ensure that people can stay connected when it is a matter of
life and death. In addition, the FCC must ensure that our
networks are safe from malevolent actors here and abroad. News
of cyberattacks seem to arise almost daily, and the most
prominent of these, the Colonial Pipeline and Solar Winds
hacks, relied on commercial Internet providers to do their
harm. The interconnected broadband networks that underpin our
digital economy are among our most vulnerable attack conduits.
Thus, the FCC must ensure that cybersecurity is an essential
duty for network providers. This means developing an oversight
regime that requires network providers to determine best
practices, subject to regulatory oversight.
A third major challenge for the FCC is developing spectrum
policy with its Federal government colleagues that will balance
making significant amounts of spectrum for 5G mobile broadband
service (and making that spectrum available to a wide variety
of users) with also making significant amounts of spectrum
available for innovative unlicensed uses. Sound spectrum policy
is only possible with close coordination between the FCC and
other government agencies, including state and local
governments, which are critical to lowering barriers to
deployment of 5G and wireline broadband infrastructure.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
In connection with the nomination process, I have consulted with
the U.S. Office of Government Ethics and the Federal Communication
Commission's Designated Agency Ethics Official to identify potential
conflicts of interest. If confirmed, any potential conflicts of
interest will be resolved in accordance with the terms of the ethics
agreement that I have entered into with the Commission's Designated
Agency Ethics Official. I am not aware of any other potential conflicts
of interest.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain. No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. Explain how you will
resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the U.S. Office of Government Ethics and the Federal Communication
Commission's Designated Agency Ethics Official to identify potential
conflicts of interest. If confirmed, any potential conflicts of
interest will be resolved in accordance with the terms of the ethics
agreement that I have entered into with the Commission's Designated
Agency Ethics Official. I am not aware of any other potential conflicts
of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated. Explain how you will resolve
each potential conflict of interest.
In connection with the nomination process, I have consulted with
the U.S. Office of Government Ethics and the Federal Communication
Commission's Designated Agency Ethics Official to identify potential
conflicts of interest. If confirmed, any potential conflicts of
interest will be resolved in accordance with the terms of the ethics
agreement that I have entered into with the Commission's Designated
Agency Ethics Official. I am not aware of any other potential conflicts
of interest.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the U.S. Office of Government Ethics and the Federal Communication
Commission's Designated Agency Ethics Official to identify potential
conflicts of interest. If confirmed, any potential conflicts of
interest will be resolved in accordance with the terms of the ethics
agreement that I have entered into with the Commission's Designated
Agency Ethics Official. I am not aware of any other potential conflicts
of interest.
6. Describe any activity during the past ten years, including the
names of clients represented, in which you have been engaged for the
purpose of directly or indirectly influencing the passage, defeat, or
modification of any legislation or affecting the administration and
execution of law or public policy.
During the past ten years, both in my capacity as President and CEO
of Public Knowledge, in my current and previous Fellowship positions
and in my personal capacity I have influenced the passage, defeat and
modification of legislation and affected the administration and
execution of law and public policy. This includes proposed and adopted
laws and policies affecting communications, competition and technology
law and policy. I have been asked for advice and guidance by Hill and
agency staff, have been asked to testify numerous times, have written,
spoken and appeared in media about such proposed laws and policies.
I have not represented any clients in these matters.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain.
Yes. In 2014 a former employee of Public Knowledge who was
terminated for poor performance, refusal to abide by the terms of a
Performance Improvement Plan, and insubordination, filed an age
discrimination complaint against the organization with the DC Office of
Human Rights. The Office dismissed the complaint as without merit.
In addition, Sports Fans Coalition NY, Inc. (SFCNY), a non-profit
corporation which I serve as a board member, had a service (Locast)
that operated under a statutory copyright exemption for non-profits (17
USC 111(a)(5)). In 2019 an action was brought against SFCNY by four
broadcast networks in the District Court for the Southern District of
New York. On August 31, 2021, the District Court determined that the
exemption did not apply and Locast ceased providing service. The matter
has been settled.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain.
I have never been so accused in my personal capacity. However, in
2014 a former employee of Public Knowledge who was terminated for poor
performance, refusal to abide by the terms of a Performance Improvement
Plan, and insubordination, filed an age discrimination complaint
against the organization with the DC Office of Human Rights. The Office
dismissed the complaint as without merit.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
ATTACHMENT A
Resume of Gigi B. Sohn
EXPERIENCE
Institute for Technology Law & Policy at Georgetown Law, Washington, DC
Distinguished Fellow, April 2017 to present
Engage in public education, outreach, coalition building and
advocacy to preserve policies that have made broadband Internet
access more ubiquitous, competitive, affordable, open and
protective of user privacy.
Provide strategic and policy advice to public interest
advocates, industry policymakers and philanthropies.
Frequent public speaker and guest on radio, television and
podcasts on communications, media and technology law and
policy.
Host of ``Tech on the Rocks'' podcast, which focuses on
communications, media and technology policy and its impact on
Americans.
Benton Institute for Broadband and Society, Chicago, IL
Senior Fellow and Public Advocate, October 2017 to present
Open Society Foundations, New York, NY
Leadership in Government Fellow, January 2017-January 2018
Mozilla Foundation, San Francisco, CA
Fellow, February 2017-November 2018
Federal Communications Commission, Washington, DC
Counselor to the Chairman, March 2015 to December 2016
Special Counsel for External Affairs, November 2013 to February 2015
Chief liaison to public interest, academic and industry
stakeholders for Federal agency that regulates communications
networks.
Advised Chairman Tom Wheeler on a wide variety of
communications policy issues, including net neutrality,
municipal broadband, universal service programs, tribal
broadband, privacy and consumer protection.
Keynote speaker at 20+ conferences and events annually
representing the Chairman.
Conducted outreach to press and public through various
means, including social media.
Public Knowledge, Washington, DC
President & Chief Executive Officer, August 2001 to October 2013
Co-Founder and Chief Executive Officer of public interest
organization focusing on the consumer and civic dimensions of
the Internet, digital technologies and intellectual property.
Testified before Congressional Commerce and Judiciary
Committees.
Managed and supervised 20-25 employees, up to 6 law clerks
and 3 program consultants.
Frequent guest on national and local radio and television
and a speaker at dozens of conferences and seminars annually.
University of Colorado School of Law, Silicon Flatirons Center for Law,
Technology & Entrepreneurship
Senior Adjunct Fellow, March 2008 to October 2013
University of Southern California--Annenberg Center
Non-resident Fellow, October 2006 to January 2008
Georgetown University, Washington, DC
Adjunct Professor, Fall 2002
Ford Foundation, New York, NY
Project Specialist, August 2000 to January 2001
Consultant, May 1999 to July 2000
Developed strategic vision for new funding program in media
policy and technology.
Developed and negotiated grants totaling $6,000,000 in FY99-
01.
Benjamin N. Cardozo School of Law, Yeshiva University, New York, NY
Adjunct Professor, January 2001 to May 2001
University of Melbourne Faculty of Law, Graduate Studies Program,
Melbourne, VIC
Senior Fellow, June 2000
Media Access Project, Washington, DC
Executive Director, September 1996 to March 2000
Deputy Director, November 1990 to August 1996
Staff Attorney, September 1988 to October 1990
Served as chief executive of public interest communications
law firm.
Litigated mass media, new technology and First Amendment
issues before the Federal Communications Commission, Federal
Courts and the United States Supreme Court.
PROFESSIONAL APPOINTMENTS AND ACTIVITIES (partial listing)
Biden-Harris Campaign
Policy Volunteer, July 2020 to November 2020
Sports Fans Coalition NY, Inc.
Board Member, March 2020 to present
Open Markets Institute
Advisory Board Member, January 2020 to present
Electronic Frontier Foundation (EFF)
Board Member, December 2018 to present
Broadband Internet Technical Advisory Group (BITAG)
Co-Chair, December 2011 to October 2013
Member, Board of Directors, December 2010 to October 2013
Center for Copyright Information
Member, Advisory Board, September 2011 to October 2013
Obama-Biden Campaign
Policy Volunteer, May 2008 to November 2008
Advisory Committee on the Public Interest Obligations of Digital
Television Broadcasters, Washington, DC (``Gore Commission'')
Member, October 1997 to December 1998
District of Columbia Bar Board of Governors, Washington, DC
Member, June 1997 to June 2000
District of Columbia Bar Task Force on Sexual Orientation and the Legal
Workplace
Member, February 1996 to March 1999
Gay and Lesbian Attorneys of Washington (GAYLAW)
President, October 1994 to September 1997
EDUCATION
University of Pennsylvania, Law School, Philadelphia, PA
Juris Doctor, May 1986
Boston University, College of Communication, Boston, MA
Bachelor of Science in Broadcasting and Film, May 1983; Summa Cum Laude
PUBLICATIONS (partial listing)
I have had articles published in, among others, the Washington Post,
CNN.com, Wired, Buzzfeed, NBC News Think, The Wall Street Journal,
Variety, Legal Times, The Verge, Mashable and The Hill. I have also
been an online columnist for the New York Times, Washington Post and
Wired.
I have had book chapters published in Regulators Revenge, The Future of
Telecommunications Deregulation, (Cato Institute 1998); The Future of
Media, (Seven Stories Press 2005) and Media, Technology and Society:
the Challenge of Digital Evolution (University of Michigan Press,
2009). I have had six law review articles published.
HONORS AND AWARDS (partial listing)
Washingtonian ``Washington's Most Influential People'' (March 2021)
National Journal ``NJ 50: 50 people changing the game in Washington''
(November 2019)
Office of Communication of the United Church of Christ, Everett C.
Parker Award (October 2018)
Coalition for Local Internet Choice ``National Champion for Local
Internet Choice'' Award (October 2016)
One Community ``Broadband Hero'' Award (September 2014)
Non-Profit Times ``Power & Influence Top 50.'' (August 2011)
Electronic Frontier Foundation Pioneer Award (May 2006)
______
ATTACHMENT B
Gigi Sohn Publications & Speeches
Blog Posts & Opinion Articles
Benton Digital Beat: Mapping, Impact & Adoption: A Research Agenda For
Effective Broadband Policy (Remarks before the Association of Public
and Land-Grant Universities, January 28, 2021)
TechDirt Policy Greenhouse: The Trump FCC Has Failed to Protect Low-
Income Americans During a Health Crisis (December 4, 2020)
ProMarket: The Trump FCC Can't and Shouldn't Be the Internet Speech
Police (November 5, 2020)
Day One Project: Restoring the Federal Communications Commission's
Authority to Oversee the Broadband Market (October 2020)
Wired: Trump's FCC is Using Junk Data to Downplay Broadband Woes
(September 29, 2020)
CNN Business: How to Make Broadband Affordable and Accessible for
Everyone (September 9, 2020)
TechDirt Policy Greenhouse: The Most Important Privacy Case You've
Never Heard Of (June 30, 2020)
Wired: During the Pandemic, the FCC Must Provide Internet for All
(April 28, 2020)
Benton Digital Beat: Remembering Henry Geller (April 13, 2020)
The Verge: The FCC should let itself do more to keep Americans
connected during the pandemic (March 26, 2020)
Benton Digital Beat: In Support of Maryland Net Neutrality Act
(Testimony to Economic Matters Committee, Maryland House of Delegates,
February 26, 2020)
Benton Digital Beat: Digital Equity and Broadband Adoption (Testimony
before the U.S. House of Representatives, Committee on Energy &
Commerce, Subcommittee on Communications & Technology, January 29,
2020)
Benton Digital Beat: The State of Broadband 2020 (January 28, 2020)
Benton Digital Beat: The Not So Good, Very Bad and Really Weird Merger
of T-Mobile and Sprint (Remarks to NTCA Rural Broadband Association
Fall Legal Seminar, November 20, 2019)
Benton Digital Beat: Moving Backwards: consolidation, deregulation &
lack of accountability in the U.S. media and broadband industries
(September 23, 2019)
Benton Digital Beat: Nothing is Normal About the T-Mobile-Sprint Merger
Review (June 18, 2019)
Wired: Why a T-Mobile Sprint Merger Would Be Bad for the Public (May
22, 2019)
Benton Digital Beat: Protect Privacy in Maine (Testimony Before the
Energy, Utilities and Technology Committee, Maine LD 946, an Act to
Protect the Privacy of Online Customer Personal Information, April 24,
2019)
Benton Digital Beat: Social Justice or Inequality: The Heart of the Net
Neutrality Debate (Remarks before University of Pittsburgh Law School
Symposium on Net Neutrality, March 1, 2019)
Benton Digital Beat: Flexibility, Humility, Connectivity: Three
Ingredients for a Successful Career (Remarks before the Penn Law
Women's Association Annual Dinner, February 6, 2019)
ProMarket: One Year After the Net Neutrality Repeal: the FCC Has
Abdicated Its Role Protecting Consumers and Competition (December 14,
2018)
Medium: One Year Later, Net Neutrality is Needed More than Ever
(December 14, 2018)
Benton Digital Beat: Cities (and States) are Doing it for Themselves
(Remarks before New England Connect) (November 8, 2018)
Benton Digital Beat: Bending the Arc Towards Media and Social Justice
(Remarks upon receiving the Everett C. Parker Award) (October 11, 2018)
NBC News Think: Brett Kavanaugh's net neutrality views could have a
broad impact if he joins the Supreme Court (September 4, 2018)
NBC News Think: Losing Net Neutrality Made it Harder for Santa Clara to
Fight its Wild Fires (August 24, 2018)
ProMarket: Would Sen. Warner's Ambitious Plan to Regulate Social Media
Giants ``Ruin'' the Internet--Or Save it? (August 13, 2018)
Benton Digital Beat: The U.S. Needs a New Policy Framework for an Open
Internet Ecosystem (July 28, 2018)
Benton Digital Beat: Competition Policy for an Open Internet Ecosystem
(July 25, 2018)
Benton Digital Beat: Regulatory Oversight and Privacy Policy for an
Open Internet Ecosystem (July 24, 2018)
Medium: Progress in a Hostile Political Environment: Raising Awareness
and Recruiting Foot Soldiers in the Battle for an Open Internet (June
15, 2018)
Medium: The Time to get the Net Neutrality Rules Back is Now (May 15,
2018)
Buzzfeed News: Two Companies Won, American Democracy Lost (June 14,
2018)
Wired: Promises Mean Little for Consumers in T-Mobile-Sprint Deal (May
18, 2018)
Wired: Ajit Pai's Plan Will Take Away Broadband from Poor People (with
Amina Fazlullah) (February 21, 2018)
New York Daily News: Online innovation at risk following FCC's repeal
of net neutrality rules (December 14, 2017)
Mashable: The FCC's proposal to kill net neutrality is worse than you
think (November 22, 2017)
The Verge: The FCC is having a terrible month, and consumers will pay
the price (November 15, 2017)
Medium: Fighting for Fast, Fair and Open Networks (October 11, 2017)
The Verge: It's time for Congress to fire the FCC chairman (September
27, 2017)
American Constitution Society ACS Blog: The Assault on the Open
Internet (June 24, 2017--no longer available online)
Mashable: How to write an impactful net neutrality comment (which you
should definitely do) (June 17, 2017)
The Verge: Breaking down the FCC's proposal to destroy net neutrality
(May 24, 2017)
Mashable: What to expect when you're expecting the net neutrality
debate to begin (May 15, 2017)
Axios: Repealing net neutrality hurts innovators, consumers (April 27,
2017)
Mashable: Consumers and innovators will lose if we kill net neutrality
(April 17, 2017)
The Verge: The FCC's plan to kill net neutrality will also kill
Internet privacy (April 11, 2017)
The Verge: You have just hours to stop Congress from giving away your
web browsing history (March 28, 2017)
The Hill: FCC, FTC are playing a shell game with online privacy (March
18, 2017)
Axios: Real net neutrality is rooted in Title II (March 2, 2017)
Benton Digital Beat Blog: First Lifeline, Now Broadband Program for
Schools and Libraries in the FCC's Crosshairs (Feb. 22, 2017)
Benton Digital Beat Blog: Defending the Indefensible: Chairman Pai's
Lifeline Reversal Will Widen the Digital Divide (February 9, 2017)
Wall Street Journal: Should Congress Overturn the Net Neutrality Rules?
(March 17, 2013)
New York Times Room for Debate: Who Gets Priority on the Web? Consumer
Choices on the Internet (February 21, 2013)
Billboard: Universal EMI Deal Would Harm Music Fans and Musicians (with
Jodie Griffin) (July 16, 2012)
My Huffington Post blog posts from 2011-2013 can be found here.
My Public Knowledge Blog Posts from 2006-2013 can be found here.
CNET: Don't Blow it Congress (March 14, 2006)
Washington Post: Fairness, Not Silence (January 31, 1994)
Electronic Media: Fairness Doctrine Debate with Rush Limbaugh (est.
early 1990s)
I had articles published in Variety and the Legal Times in the
1990s, but I can't remember the topics and can't find them online.
Journal Articles & Book Chapters
I have had book chapters published in Regulators Revenge, The
Future of Telecommunications Deregulation, (Cato Institute 1998); The
Future of Media, (Seven Stories Press 2005) and Media, Technology and
Society: Theories of Media Evolution (University of Michigan Press,
2009).
I have had six law review articles and notes published:
Social Justice or Inequality: The Heart of the Net
Neutrality Debate, 80 University of Pittsburgh Law Review 779
(2019)
A Policy Framework for an Open Internet Ecosystem, 2 Geo.
Law Tech. Rev. 335 (2018)
Reflecting on 20 years Under the Telecommunications Act of
1996, 68 Federal Communications Law Journal 58 (2017)
The Gore Commission Ten Years Later: Reimagining the Public
Interest Standard in an Era of Spectrum Abundance, 17 CommLaw
Conspectus 657 (2009)
Don't Mess With Success: Government Technology Mandates and
the Marketplace for Online Content, 5 Journal on
Telecommunications and High Technology Law, 73 (2006)
Broadcast Licensees and Localism: At Home in the
Communications Revolution, 47 Federal Communications Law
Journal, 384 (1994)(with Andrew Jay Schwartzman)
Speeches
[I'm fairly positive that I gave speeches prior to 2008, but I
don't have copies, can't recall them, and can't find them online]
Mapping, Impact and Adoption: A Research Agenda for Effective Rural
Broadband Policy (Remarks to the Association of Public Land Grant
Universities, January 28, 2021)
The Not So Good, Very Bad and Really Weird Merger of T-Mobile and
Sprint (Speech NTCA: The Rural Broadband Association Fall Legal
Seminar, November 20, 2019)
Moving Backwards: Consolidation, Deregulation & Lack of Accountability
in the U.S. Media & Broadband Industries (Remarks to Centro De
Investigacion y Docencia Economicas, A.C. Competencia en
Telecommunications y Radiofusion: Disrupcion Technoglica y Neutralidad
de Redes, September 23, 2019)
Social Justice or Inequality: The Heart of the Net Neutrality Debate
(Remarks to the University of Pittsburgh Law Review Symposium: The Net
Without Neutrality, Economic, Regulatory and Informational Impacts,
March 1, 2019)
Flexibility, Humility, Connectivity: Three Ingredients for a Successful
Career (Remarks to the Penn Law Women's Association Dinner, February
19, 2019)
Remarks before Connected New England 11 (November 8, 2018)
Bending the Arc Towards Media & Social Justice (Remarks to the Office
of Communication of the United Church of Christ Everett C. Parker
Lecture, October 11, 2018)
The FCC: Can't Live With it, Don't Want to Live Without it (Remarks to
the Great Lakes Connect Conference, September 26, 2018)
Remarks on the Future of Local Internet Choice (October 18, 2016)
Connecting Anchor Institutions: A Broadband Action Plan (Remarks to
2016 SHLB Annual Conference, July 13, 2016)
Remarks at Net Inclusion, the National Digital Inclusion Summit (May
16, 2016)
Remarks to New America Foundation (March 23, 2016)
Remarks to Emerging Issues Policy Forum, Digital Pathway Summit
(January 14, 2016)
Remarks to ECTA Regulatory Conference (November 17, 2015)
Remarks to Partnership for Progress on the Digital Divide Conference
(October 22, 2015)
Consumer Protection in the Broadband Era: The Role of the FCC (Remarks
to the 4th annual Professor Anthony J. Santoro Business Law Lecture
Series, September 25, 2015)
What the Future Holds for Local Governments (Remarks to NATOA Annual
Conference, September 9, 2015)
Remarks to the Fiber to the Home: Fiber on Fire Conference (June 30,
2015)
Remarks to Westminster, MD Fiber Launch Party (June 26, 2015)
Remarks to Third Annual New York State Broadband Summit (June 11, 2015)
Halftime at the Wheeler FCC (Remarks to Media Institute Communications
Forum, June 4, 2015)
Remarks to Moving Towards a Gigabit State (May 4, 2015)
The Art of the Possible (Remarks to the One Community Annual Meeting,
September 10, 2014)
FCC: Out to Lunch (Remarks to the Personal Democracy Forum, June 13,
2013)
The Broadband Ecosystem: Living with the Cloud (Remarks to the 17th
Annual Oregon Connections Telecommunications Conference, October 18,
2012)
Remarks to Communication Power: Net Neutrality and the Public Commons
(April 28, 2010)
Keynote Speech at Free Culture X (February 13, 2010)
Remarks to Copyright Monopoly: Playing the Innovation Game (May 28-30,
2008)
IT Perspectives Inside the Beltway (Remarks to EDUCAUSE/Cornell
Institute for Computer Policy & Law, July 2007)
______
ATTACHMENT C
Gigi Sohn Testimony Before U.S. Congress, State Legislatures &
Administrative Bodies
Maryland House of Delegates, Economic Matters Committee: In Support of
House Bill 957, Maryland Net Neutrality Act of 2020 (Feb. 26, 2020)
House Energy and Commerce Committee, Communications and Technology
Subcommittee: ``Empowering and Connecting Communities through Digital
Equity and Internet Adoption'' (January 29, 2020)
Maine State Legislature, Joint Energy, Utilities and Technology
Committee, hearing on L.D. 946, An Act to Protect Privacy of Online
Customer Personal Information (April 24, 2019)
Federal Trade Commission Hearing on Competition and Consumer Protection
in the 21st Century (March 20, 2019) (no prepared remarks)
House Judiciary Committee, Antitrust Subcommittee: The State of
Competition in the Wireless Market: Examining the Impact of the
Proposed Merger of T-Mobile and Sprint on Consumers, Workers, and the
Internet: (March 12, 2019)
Connecticut General Assembly, Energy & Technology Committee: Hearing on
Senate Bill No. 2, An Act Concerning Internet Service Providers and Net
Neutrality Principles (March 8, 2018)
U.S. Senate Committee on Indian Affairs: Oversight Hearing on the GAO
Report on ``Telecommunications: Additional Coordination and Performance
Measurement Needed for High-Speed Internet Access Programs on Tribal
Lands'' (April 27, 2016)
U.S. Senate Committee on Commerce, Science and Transportation,
Subcommittee on Communications, Technology and the Internet. State of
Wireline Competition (July 25, 2013)
House Energy and Commerce Committee, Subcommittee on Communications &
Technology: The Future of Video (June 27, 2012)
U.S. Senate Committee on the Judiciary, Subcommittee on Antitrust,
Competition Policy and Consumer Rights: The Universal Music Group/EMI
Merger and the Future of Online Music (June 21, 2012)
U.S. Senate Committee on the Judiciary, Subcommittee on Antitrust,
Competition Policy and Consumer Rights: The AT&T/T-Mobile Merger: Is
Humpty Dumpty Being Put Back Together Again? (May 11, 2011)
House Judiciary Committee, Subcommittee on Intellectual Property,
Competition and the Internet: Ensuring Competition on the Internet: Net
Neutrality an Antitrust (February 15, 2011)
U.S. Senate Committee on Commerce, Science and Transportation:
Broadband Providers and Consumer Privacy (September 25, 2008)
FTC Hearing on Broadband Connectivity and Competition (2007) (no
prepared remarks or transcripts available)
U.S. Senate Committee on the Judiciary, Subcommittee on Antitrust,
Competition Policy and Consumer Rights: The XM-Sirius Merger: Monopoly
or Competition from New Technologies? (March 20, 2007)
House Energy and Commerce Committee, Subcommittee on Telecommunications
and the Internet: The Audio and Video Flags: Can Content Protection and
Technological Innovation Coexist? (June 27, 2006)
U.S. Senate Committee on the Judiciary: The Analog Hole: Can Congress
Protect Copyright and Promote Innovation? (June 21, 2006)
House Judiciary Committee, Subcommittee on the Courts, Intellectual
Property, and the Internet: Content Protection in the Digital Age: The
Broadcast Flag, High Definition Radio, and the Analog Hole (November 3,
2005)
House Judiciary Committee, Subcommittee on the Courts, Intellectual
Property, and the Internet: Piracy of Intellectual Property on P2P
Networks (September 26, 2002) (attached)
I am fairly confident that I testified before U.S. Congressional
committees between September 26, 2002 and November 2005, but I can't
find any testimony. I would guess that I testified at least twice
during that time period, either before one of the Judiciary or Commerce
Committees. I also testified at least once when I worked at Media
Access Project in the 1990s, but I can't recall the subject matter and
it doesn't exist online.
______
Statement of Gigi B. Sohn, President, Public Knowledge
``Piracy of Intellectual Property on Peer-to-Peer Networks''
House Judiciary Committee
Subcommittee on Courts, the Internet and Intellectual Property
Washington, DC
September 26, 2002
Chairman Coble, Congressman Berman and other members of the
Subcommittee, my name is Gigi B. Sohn. I am the President of Public
Knowledge, a new nonprofit public interest organization that seeks to
ensure that citizens have access to a robust public domain, an open
Internet and flexible digital technology.
I want to thank the Subcommittee for holding this important hearing
on the great promise of peer-to-peer (P2P) networks and some of the
perils associated with their use. I am honored that you have chosen my
organization to represent the citizen/consumer perspective at this
hearing.\1\
---------------------------------------------------------------------------
\1\ Public Knowledge is working in partnership with the Center for
Democracy and Technology and Consumers Union on P2P and related digital
copyright issues.
---------------------------------------------------------------------------
My hope is that this hearing will further advance the dialogue that
Public Knowledge and other public interest organizations have already
begun with the various interested industries and with policymakers.
That dialogue is intended to find solutions that provide the content
industry with a ``reasonably secure'' digital environment for its
content while ensuring that citizens retain their rights under
copyright law and continue to have access to an open Internet and the
kind of flexible technology that they have come to expect and enjoy.
P2P Technology is Changing the Face of Computing--For the Better
In just two years, P2P has become a computing phenomenon. Millions
of Internet users are communicating with each other through P2P file
sharing software programs that allow a group of computer users to share
text, audio and video files stored on each other's computers. While the
P2P applications we know today are just a few years old, the technology
underlying P2P is at the heart of the Internet. The Internet was
designed to be a distributed system of linked computers in which users
could freely share content and data stored on each other's computers.
Few disagree that P2P networks are already changing the way
businesses, educators, artists and ordinary citizens use their
computers. In businesses, for example, they offer an alternative to
centralized server-based sharing of documents and projects.\2\ The vast
majority of these changes are positive. By linking together individual
computers and distributing their power, P2P technology is superior to
the centralized server approach because it:
---------------------------------------------------------------------------
\2\ A recent Gartner Research Note (Technology T-16-2550, September
16, 2002) predicts that ``[b]y 2005, 10 percent of business
interactions will occur via P2P-enabled technologies (0.7
probability).''
---------------------------------------------------------------------------
is more robust and resilient
is more cost effective
is faster and more reliable
harnesses bandwidth and storage resources that would
otherwise go unused
enables real-time collaborative work
Already, both public and private P2P networks are helping small and
large businesses (including content companies), universities, artists
and others work collaboratively and more efficiently. Here are some
examples:
The University of North Carolina at Chapel Hill. Robert
Kirkpatrick, Distinguished Associate Professor of English and
Director of the London Summer Honors Program at the University
of North Carolina at Chapel Hill, used Groove Network's P2P
tools to manage a class in the composition of poetry. Among
other things, Kirkpatrick used P2P technology to encourage
collaborative editing and comment on students' work, adjust the
syllabus, archive course materials, and create a list of links
to resources of poetic forms and vast archives of complete
works of poems and critical writing. The class also uses the
Groove tools for a class forum and an announcement board to
share information on musical, dramatic and other events on
campus. Kirkpatrick said that P2P technology ``makes it
possible to extend that most expensive form of education--one-
on-one tutorial--into a cohesive class experience. . . . It
comes very close to being, for me, the ideal academic tool.''
\3\
---------------------------------------------------------------------------
\3\ www.groove net/solutions/testimonials/education/unc.html
CenterSpan. CenterSpan is a distributed content delivery
network licensed to distribute copyrighted digital content from
major media companies. Earlier this year, CenterSpan announced
an agreement with Sony Music Entertainment whereby CenterSpan's
secure P2P network provides music from Sony Music artists to a
wide variety of online service providers seeking to offer their
subscribers streaming and downloadable music.\4\
---------------------------------------------------------------------------
\4\ Statement of Frank G. Hausmann, Chairman and CEO Centerspan
Communications Corporation before the House Judiciary Committee
Subcommittee on Courts, the Internet and Intellectual Property, June 5,
2002.
J!VE Media. J!VE Media is the creator of a suite of digital
video packaging, digital rights management and media delivery
services which enable content providers to distribute protected
digital video content via publicly accessible P2P networks,
including the Gnutella Network (which includes users of
LimeWire and Morpheus) and the Fastrack Network (which includes
users of KaZaA and Grokster). J!VE uses P2P distribution
technology because it allows content owners to rely almost
entirely on users to provide the most costly computing
resources involved in digital distribution: data storage and
bandwidth. J!VE distributes only authorized content, and its
customers include: 1) the Priority Records division of the EMI
Recorded Music Group; 2) Koch International, the world's third
largest independent music label; and 3) The Comedy Network,
Canada's 24 hour comedy cable channel.\5\
---------------------------------------------------------------------------
\5\ Declaration of Sean Mayers in Support of MusicCity.Com Inc.'s
and MusicCity Networks, Inc.'s Motion for Partial Summary Judgment in
MGM Studios v. Grokster, www.eff.org/IP/P2P/MGM_ v_Grokster/
20020122_mayers_decl_html
Project Gutenberg. Project Gutenberg seeks to convert to
ebook form, and widely distribute over the Internet, over 4500
works from the King James Bible to Shakespeare to the CIA World
Fact Book. These works are either in the public domain or
authorized by copyright owners for distribution. One of the
chief hurdles facing Project Gutenberg and public domain
projects like it has been the expense of hosting and
distributing the resulting files. Today, these expenses are
being reduced, and valuable public domain works are reaching
more people, because these texts are being distributed over P2P
networks.\6\
---------------------------------------------------------------------------
\6\ Declaration of Gregory Newby in Support of MusicCity.Com Inc.'s
and MusicCity Networks, Inc.'s Motion for Partial Summary Judgment in
MGM Studios v. Grokster, www.eff.org/IP/P2P/MGM_v_Grokster/
20020122_newby_decl.pdf.
Furthur Network. The Furthur Network is a non-commercial,
open source, P2P network of legal live music. Music lovers
download and share music from each other. Musicians that allow
the non-commercial taping and trading of their live
performances are allowed on this publicly accessible P2P
network. This would include bands like the Grateful Dead, the
Allman Brothers Band and the Dave Matthews Band. TDK, the
consumer electronics and recordable media company has recently
recognized the importance of this segment of the music industry
by sponsoring the third annual Jammy Awards, which honors
musicians who focus their art on live music. In the words of
Bruce Youmans, TDK's Vice President of Marketing, ``There are
literally hundreds of sources, including directly from some of
the artists performing at the Jammys, for legally acquiring
today's best music without infringing on artists' copyrights.''
\7\
---------------------------------------------------------------------------
\7\ www.furthurnet.com
All indications are that P2P technology will stimulate our economy
if it is allowed to flourish. As with any successful new technology,
innovators will seek to capitalize by developing new applications for
P2P.\8\ Moreover, since every computer on a P2P network becomes, in
effect, a file server for every other computer, it is likely that
businesses and individuals will demand faster and more powerful PC's.
Equally as important, many experts predict that increased use of P2P
networks will drive up the demand for broadband.\9\ It is not difficult
to see why--using the increased bandwidth capabilities of a P2P
network, a homeowner using only a DSL line could send files at a speed
and capacity that is eight times faster than a T-1 line!
---------------------------------------------------------------------------
\8\ One exciting P2P application that is in its nascent stages is
``P2P signing'' for the deaf and hard of hearing. Through this
application, an interpreter in one location can use high-speed
communications and low-cost video cameras to provide interpreting
services to consumers at other locations across the country. Frank G.
Bowe, Broadband and Americans with Disabilities at 2 (2002), www
newmillenniumresearch.org/broadband.html.
\9\ Amy Kover, Napster: The Hot Idea of the Year, Fortune Magazine,
June 26, 2000. See also, Understanding Broadband Demand, A Review of
Critical Issues, Office of Technology Policy, U.S. Department of
Commerce at 16 (September 23, 2002), www.ta.doc.gov/reports/TechPolicy/
Broadband_020921.pdf
---------------------------------------------------------------------------
Like Other Technologies, P2P Can Be Abused
Despite the recognition of Congressman Berman and other legislators
of the enormous promise of P2P networks,\10\ the focus of this hearing
is on their abuses--that is, the illegal sharing of copyrighted
material over these networks. Let me be clear--Public Knowledge does
not condone the illegal sharing of files on any network--be it P2P or
otherwise. We believe in the constitutional and historical purpose of
copyright protection, that is, to encourage the creation of new
artistic works for the ultimate benefit of the public. That purpose is
not well served by individuals who engage in large scale illegal file
trading. As discussed below, we think that the content industry has
several avenues available to it to curb these abuses that will also
preserve the technology and the rights and expectations of consumers
and computer users.
---------------------------------------------------------------------------
\10\ Speech by the Honorable Howard L. Berman to the Computer and
Communications Industry Association Regarding Solutions to Peer to Peer
Piracy (June 25, 2002), www house.gov/berman/p2p062502 html (``P2P
networks represent as much of an opportunity as a threat to copyright
creators. P2P represents an efficient method of information transfer,
has the potential to greatly reduce the costs associated with server-
based distribution systems, and can support a variety of legitimate
business models.'')
---------------------------------------------------------------------------
That being said, my fear is that the emphasis on the abuses of P2P
networks may well give rise to actions that could ultimately destroy
the promise of this technology. As discussed below, proposed laws like
H.R. 5211 could lead to actions by copyright owners that could
literally bring these and other networks to a sudden and unfortunate
halt. Even where the copyright owner's motives are the most benign,
actions authorized by this bill could seriously tax these valuable
networks by making them less efficient, more unstable, and subject to
greater private control. That is not good for consumers, the tech
industry or the content industry, which believes, as I do, that it will
figure out how to harness P2P technology and profit. Thus, it is not
just the illegal activity that might be slowed by the kinds of self
help techniques authorized by this bill, but also every legitimate
current and yet-to-be-developed business dependent upon the promise of
P2P technology.
P2P networks, like other technologies (e.g., cars, telephones) can
be used for good, or they can be abused. But we don't outlaw these
technologies or limit their legitimate use because of the possibility
(and yes, even the probability) that someone will use them to do harm.
Public Knowledge supports targeted mechanisms to limit abuses of these
networks. But we cannot support laws or technological measures that
harm legitimate uses of the technology in the effort to curtail
illegitimate ones.
The Content Industry Has Tools at Its Disposal Which, If Used Together,
Can Limit the Impact of Illegal File Trading Over P2P Networks.
Over the past several months, my staff and I have had a number of
productive conversations with various sectors of the content industry.
While we have not agreed on everything, I have appreciated their
willingness to be candid and engage in a continuing dialogue. One thing
the various sectors of the industry have been willing to admit is that
infringement cannot be stopped completely. This is true with regards to
physical infringement as well as virtual infringement.
Thus, the critical question becomes: how can the effect of illegal
file trading over the Internet be limited without eroding the
legitimate consumer/computer user rights and expectations? I propose a
combination of three tools:
Enforcement of Existing Laws
Both the Copyright Act and the Digital Millennium Copyright Act
provide for remedies for certain unlawful uses of copyrighted
material.\11\ There is little evidence and indeed, the content
industries do not claim, that when the law is enforced it is
ineffective. In fact, when the content industries choose to enforce
their rights under these laws, like in the Napster, Audiogalaxy and
Madster (aka ``Aimster'') cases, they have succeeded.
---------------------------------------------------------------------------
\11\ 17 U.S.C. Sec. Sec. 501-507; 17 U.S.C. Sec. Sec. 091204; 18
U.S.C. Sec. Sec. 2318-2319A.
---------------------------------------------------------------------------
Despite its claims that billions of songs have been illegally
downloaded, we are not aware of a single case in which the recording
industry has taken legal action against an individual downloader. The
problem is that the recording industry apparently does not want to
enforce the rights it claims when it comes to illegal P2P file trading
because it looks bad to sue its own customers. Therefore, the industry
has decided instead to shift that burden onto other corporations, and
in particular, ISPs. As many of you know, the RIAA is seeking to force
Verizon to hand over the names of its customers based solely on the
RIAA's allegations that those customers are engaging in infringing
activity. Verizon, backed by civil liberties and other public interest
organizations such as my own, has argued, among other things, that
forcing ISPs simply to give copyright owners the names of their
customers without a judicial determination that they may be engaged in
any illegal conduct would violate the constitutionally mandated privacy
and anonymity rights of their customers, and put ISPs in the untenable
position of having to respond to the numerous identification requests
that would inevitably result.
Were Verizon and other ISPs to comply with such requests, the RIAA
would be empowered to collect sufficient information with which to
conduct investigations of potential defendants and engage in
surveillance over a period of days or even years, choosing to sue the
defendants presenting the worst facts and having profiles least likely
to garner public or judicial sympathy. As is often said, bad facts make
bad law. The RIAA plan appears to have no other purpose than to find
the worst facts before seeking an interpretation of its legal rights.
Verizon's refusal to succumb to the RIAA's request does not leave
the industry without a remedy. It can bring a ``John Doe'' lawsuit
against anonymous infringers and serve Verizon with a third-party
subpoena pursuant to Fed. R. Civ. P. 45. Once the industry has
satisfied a judge that its allegations of infringement have evidentiary
support, Verizon (and other ISPs) will be required to make available
those names. With ``robot'' technology that allows the industry to
pinpoint the most egregious uploaders with some (but by all means not
perfect, see discussion below) accuracy, the industry's complaint that
it would have to bring numerous expensive lawsuits rings hollow. Unless
the industry wants to sue every person with a handful of infringing
files on its hard drive, it has the economic and technological means to
locate the kind of large scale alleged infringer that it would want to
bring to court.
An industry-initiated law suit against a large scale infringer
could also have the benefit of serving as a deterrent to other bad
actors. As we have seen in other contexts, specifically targeted
lawsuits and other legal action can have a deterrent effect, and also
educate the public as to what is legal. But if the industry refuses to
bring targeted cases, we will only be left with unfounded complaints
that the copyright law provides a ``right without a remedy.'' The
remedies exist, but copyright owners must take up the challenge of
invoking them.
Non-Invasive Self-Help
Public Knowledge does not oppose the use of reasonable non-invasive
self-help techniques by the content industry. By non-invasive, we mean
techniques that do not entail a third party attacking a file located on
a computer hard drive (or denial-of-service attacks on individual users
or on providers). Examples of non-invasive self-help include spoofing,
flooding, decoy, spoiler files and redirection. Many of these
techniques involve the intentional distribution of phony or corrupted
files that an individual seeking to make an unlawful reproduction will
then download. Others will send downloaders to legitimate sites. What
distinguishes these techniques is that they are activated by an
individual's affirmative effort to obtain an unlicensed copy of a file.
On the other hand, Public Knowledge cannot support self-help
techniques that permit the copyright owner to block access to an
individual's computer hard drive for the purpose of making an allegedly
illegal file unusable or incapable of being downloaded. In the most
popular of these techniques, commonly known as Interdiction, a computer
program repeatedly requests the same file from a particular P2P network
user. As a result, no one else can get to that file, or to any other
file on that user's computer even if the other files to which access is
sought are perfectly legal and downloading them is perfectly lawful.
There are several problems with self-help techniques of this kind.
The first, of course, is that the program, or robot, could be mistaken
in its determination that a file is one that warrants protection. While
we have received assurances from the RIAA that the ``bots'' that its
member companies use are extraordinarily accurate, evidence submitted
in its pending litigation with Verizon demonstrates otherwise. For
example, UUNet, an ISP, was sent a notice by Warner Brothers, owner of
the copyright to the motion picture ``Harry Potter and the Sorcerer's
Stone.'' The notice asked UUNet to disable access to a user,
identifying as the single infringing file a 1K file named ``harry
potter book report.rtf.'' The size and type of the file make it clear
that the file was nothing more than a child's school book report on a
Harry Potter book. The record includes other examples of similar
inaccuracies.\12\
---------------------------------------------------------------------------
\12\ Motion for Leave to File and Brief Amicus Curiae of United
States Internet Service Provider Association in Support of Respondent
filed in Recording Industry Association of America v. Verizon Internet
Services, Case No. 1:02MS003323 at 6-12.
---------------------------------------------------------------------------
Moreover, it is important to remember that the members of the RIAA
will not be the only copyright owners capable of using these
techniques, particularly if H.R. 5211 becomes law. The fact that
Interdiction not only makes unavailable the allegedly infringing file,
but also makes the rest of the user's files unavailable only
exacerbates this problem.
A second concern is that Interdiction and similar self-help
techniques punish individuals for ``making available'' copyrighted
content, regardless of whether that content was legally obtained or
not. Such punishment would extend copyright protection beyond what the
law currently allows. Unlike in the European Union, U.S. copyright law
does not give a copyright owner a separate right to ``make available''
his work. Efforts to include such a right here have been heretofore
rejected.
Finally, we are concerned with the worst case scenario--that
repeated requests or similar actions could prevent a user from
accessing the Internet for any other purpose, resulting in a so-called
``denial of service.'' Regardless of whether an individual has an
infringing file, denial of service caused by self-help will burden ISPs
and other network users, both indirectly and directly. This is
particularly true where such attacks can be done secretly, such that a
user's first call will be to its own ISP to complain about a
malfunction. Even on a network where a loss of service for one may not
directly affect other users, every denial of service claim requires ISP
time and resources to figure out its cause, causing it to spend less
time on other, more serious service problems, which might be caused by
cyberterrorism, other security breaches or legitimate technological
breakdowns. This has an indirect effect on all the other customers on
an ISPs network and also burdens the entire network. Moreover, with
some ISP networks (particularly the shared architecture of cable modem
service), the service quality of innocent ISP customers could be
directly affected if invasive self-help leads to a denial of service
for another customer--in other words, innocent ISP customers are harmed
by the acts of one suspected infringer.
Legitimizing and harboring invasive self-help has startling
implications. Again, whether the large content companies use techniques
that are more accurate and often unrecognized by the computer user is
nice, but is largely beside the point. If expressly permitted or
protected, self-help of various shapes and sizes will be available to
all copyright owners, some of whom may believe that it is perfectly
within their rights to launch denial of service attacks. Some of these
attacks may affect actual infringers, while some almost certainly will
affect innocent parties, who will have no idea why they (or others)
cannot access their files or why their Internet service is not working.
These attacks will likely provoke retaliatory attacks by some users,
and the acquisition of defensive software by others. Soon, the Internet
will look like the Wild West, with self help bots and bot blockers
replacing guns as the weapon of choice.
The collective impact of all these self help efforts, particularly
if they are sanctioned by law, might be to reduce or eliminate the
effectiveness of the Internet as a communications medium in a number of
ways, from consuming bandwidth to forcing ISPs into imposing crippling
terms-of-service agreements. The final victim of this Internet free-
for-all, of course, would be rollout of broadband, for which P2P is the
``killer app.''
Promoting Competition to Build a New Business Model
Last June, at the request of USA Today, I spent several hours
discussing digital media issues with a number of top executives from
the content and consumer electronics industries. What struck me was
that the New York representatives of the content industries all agreed
on one thing: that they had to create new business models that take
advantage of the low cost, ubiquity and speed of the Internet. In
answering the question of whether the recording industry had responded
to the Internet needs of its customers, John Rose, Executive Vice
President of the EMI Group stated:
There's no question that this industry, like every other
industry that went through this, didn't deal with it in as
forward-thinking a manner as it could have. The real question
is: here's where we are, what do we do about it? There's no way
you're going to constrain the Internet, . . . The question is,
can you come up with economic models to empower guys like Alan
[McGlade of MusicNet, an industry-backed online music service]?
\13\
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\13\ ``Digital Technology, Reshaping industries, lifestyles,'' USA
Today, June 25, 2002 at 4E.
These content industry executives believe, as I do, that if they
can provide easy access to a wide range of high quality content at a
fair price, most consumers looking for content over the Internet will
choose their services.\14\ In other words, they believe that they can,
in fact, ``compete with free.'' \15\ Rob Reid of Listen.com, an online
subscription music service that licenses music from the recording
industry, said as much in a recent Department of Commerce Forum:
---------------------------------------------------------------------------
\14\ The Office of Technology Policy at the U.S. Department of
Commerce apparently agrees, Understanding Broadband Demand, A Review of
Critical Issues, Office of Technology Policy, U.S. Department of
Commerce at 17 (September 23, 2002), www.ta.doc.gov/reports/TechPolicy/
Broadband_020921.pdf (``There is considerable belief that creative,
legal, for-profit sites can out-compete ``free'' alternatives. Industry
will need to develop technologies that can protect digital content,
ensure that legal services have the resources . . . to out-compete
illegal exchanges, educate consumers about the need to respect
intellectual property on the Internet, cooperate across sectors and
deliver content in ways and on platforms that consumers want. . . .'')
\15\ Bon Jovi and its record company, Vivendi Universal SA's
Universal Music Group, is competing with free by giving fans who buy
their CDs ``Bon Jovi Exclusives,'' including preference in buying
concert tickets, the possibility of climbing on stage and other band-
related perks. Jennifer Ordonez and Charles Goldsmith ``Bon Jovi Uses
`Bounce' To Battle Music Pirates,''
Wall Street Journal, September 16, 2002, online.wsj.com/
article_print0,,SB1032116819378018
35,00.html.
The way I compete [with free] is I have to create a service
that's better than free, which is hard to do. I mean, that's
hard to do. I mean, that's a tough proposition, but the good
news is people do opt for things that are better than free all
the time. If they didn't, you know, we'd be eating at soup
kitchens every night, and not going to restaurants. And just
looking around this table, I see a bottle of Poland Springs . .
. that tells us that designer water is a multi-billion dollar
industry, and that comes out of the faucet for free. So better
than free does exist. . . .\16\
---------------------------------------------------------------------------
\16\ Statement of Rob Reid, Founder and Chairman of Listen.com,
Understanding Broadband Demand: Digital Rights Management Workshop,
July 17, 2002, U.S. Department of Commerce, Technology Administration
www.ta.doc.gov/reports/TechPolicy/DRM_-9020717_htm
Despite the fact that industry efforts to bring content online have
been going on for years, a successful business model has not emerged.
One of the reasons this is so is that creating such a model is not a
simple task--it takes time, resources and sometimes plain dumb
luck.\17\ But I believe that there are two other reasons a business
solution has been slow in coming: 1) the same industry minds have been
attacking the same problem for all that time, and 2) the industry has
refused to permit others to try and figure out how best to deliver
content over the Internet.
---------------------------------------------------------------------------
\17\ A recent New York Times article details the challenges faced
by online music services (including those backed by the recording
industry) in getting permission to sell certain songs over the
Internet. Amy Harmon, ``Copyright Hurdles Confront Selling of Music on
the Internet,'' NY Times, September 23, 2002 at C1.
---------------------------------------------------------------------------
If the content industries are sincere in their desire to create new
business models (and I believe that they are), then they should give
others the opportunity to help them to do so. Not for free--for
example, the recording companies could license their music to various
online retailers and ask the licensee for the same statutory rate that
the publisher gets ($0.08) for each song the licensee sold online.
Retailers who choose to offer them to the public must all pay the same
``wholesale'' price but can then compete vigorously with each other to
find the business proposition most appealing to consumers. This is a
win-win situation. The copyright owner gets paid, and a competition
ensues to build an online music service that provides a high quality,
large catalogue at a reasonable price. In fact, several successful
business models could emerge that are entirely different than anything
being contemplated today and appeal to different types of consumers,
just as retail stores do for pre-packaged goods. There will be
failures, no doubt--but until innovators and entrepreneurs are given a
chance to fail, the chances that success will be achieved are greatly
diminished, and the public benefit from broad and competitive
dissemination will surely be lost.\18\
---------------------------------------------------------------------------
\18\ This week's announcement by the Warner Music Group that it
would begin selling digital singles starting at 99cents through
retailers like Bestbuy.com and MTV.com is a good start. Amy Harmon,
``Warner to Sell Digital Signals Online,'' NY Times, September 24, 2002
at C9.
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H.R. 5211 is a Well-Intentioned but Flawed Bill
Public Knowledge appreciates the good intentions of Reps. Berman,
Coble, Smith and Wexler in sponsoring H.R. 5211. We believe that they
are sincere in their desire to encourage P2P technology and to stem the
flow of illegal file sharing.
Unfortunately, these good intentions cannot save this flawed bill.
Part of the problem is that because P2P technology underlies the entire
Internet, it is difficult to draft legislation that addresses specific
P2P networks such as Morpheus and KaZaA without also including the
entire Internet and World Wide Web in its scope. Also, as discussed
above, it is difficult to imagine certain ``self-help'' techniques that
could interfere with specific P2P networks that would not also put the
efficient functioning of the larger Internet at risk, impose enormous
new tech support burdens on ISPs and impair customer satisfaction with
broadband. Finally, as discussed above, while we may accept that some
of the techniques now in use by the content industries are somewhat
benign, this bill allows for self-help by all copyright owners--some of
whom may not have the same concerns about upsetting their customers as
do large content companies.
Among the provisions in this bill that are the most troublesome
from a consumer perspective are:
The bill gives copyright owners extraordinary powers to
engage in self-help. H.R. 5211 grants copyright owners and
their agents the right to break any law, state or federal,
civil or criminal, in furtherance of ``disabling, interfering
with, blocking, diverting or otherwise impairing'' the
availability of his or her copyrighted works on a public P2P
network. This extraordinary power is limited by five vague
conditions: 1) the copyright owner may not ``alter, delete, or
otherwise impair the integrity of any computer file or data
residing on the computer of a file trader'' (Subsection (a));
2) the owner must not impair the availability of files on a
targeted computer other than the works the copyright owner
owners except as ``reasonably necessary'' (Subsection
(b)(1)(a)); 3) the copyright owner may not cause ``economic
loss'' to any person other than the targeted file trader
(Subsection (b)(1)(B)); 4) the copyright owner may not cause
``economic loss of more than $50'' to the targeted file trader
(Subsection (b)(1)(C)); and 5) the copyright owner must notify
the Attorney General seven days before engaging in self-help
(Subsection (c)).
These conditions leave the door wide open for abuse by the
copyright owner and harm to computer users. For example, the
limitations on altering and deleting files in subsection (a)
conceivably would not prevent a copyright owner from cutting a
user's DSL line or even his phone line, or knocking his
satellite dish off his roof. The ``as reasonably necessary''
language of subsection (b)(1)(a) is undefined and invites a
raft of excuses for why an individual's non-infringing files
were impaired by self-help. The subsections prohibiting
``economic loss'' do not cover any non-economic loss that a
target file trader or innocent victim may incur. And Subsection
(c)'s notice provision is toothless: there is nothing in the
bill that gives the Attorney General guidelines by which to
judge self-help techniques or the power to reject them. All
that is required by that subsection is notice.
The bill shifts the burden of using self-help mechanisms
onto the consumer. Currently, the content industries are very
careful about the type of self-help techniques they use. This
is not only for public relations reasons--the misguided use of
these techniques that harms an innocent party could also result
in serious legal liability for a copyright owner. By providing
a safe harbor for a whole range of non-invasive and invasive
self-help techniques, H.R. 5211 removes the incentives and
sanctions that currently impel content owners and others to be
careful in their self-help. While the damage limitation for
bringing a legal action for misguided self-help is only $250,
copyright owners know that most victims will never sue because
it is not worthwhile to do so; the damage rarely will be large
enough to justify the time and cost of litigation.\19\
---------------------------------------------------------------------------
\19\ This is exacerbated by the fact that under the bill, a victim
must first ask the Attorney General to decide whether her complaint is
a valid one.
Equally as troubling is the fact that the bill creates no
obligation for the copyright owner to notify a victim that her
Internet access has been impaired. If they are subject to
misguided self help, the vast majority of computer users will
have no idea why their computer has broken down or why they can
no longer access certain files. Without a notice requirement,
even a tech-savvy victim who figures out what has occurred and
decides to bring a lawsuit will not likely know whom to sue.
Only if the victim can figure out exactly who impaired her
system (among millions of copyright owners) can she then ask
---------------------------------------------------------------------------
for the reasons for that action. Subsection (c)(2)(A).
The bill erects enormous procedural obstacles for a victim
of self-help to overcome before she can seek the remedies
provided. H.R. 5211 creates a new cause of action for an
affected file trader when a copyright owner ``knowingly and
intentionally impairs . . . [a] particular computer file . . .
and has no reasonable basis to believe that such [file]
constitutes an infringement of copyright,'' and also causes
over $250 dollars in damages to the file trader. But where H.R.
5211 giveth, it also taketh away. Even though the copyright
owner is engaging in egregious and willful activity, the bill
erects procedural hurdles to innocent citizens seeking to
obtain restitution for wrongful self-help. The innocent file
trader cannot get to the courtroom without first getting
permission from the Attorney General (Subsection (d)). Whether
the victim will ever get to court is left to the sole
discretion of the Attorney General, who has four months to make
that determination. This creates a supreme irony: the bill
erects huge legal barriers for citizens seeking remedies for
misguided self-help, while it dismantles them for content
companies seeking remedies for infringement. This is not only
anti-consumer, it is also likely unconstitutional. It delegates
to the Executive Branch the discretion to block civil litigants
from access to Federal courts, and delegates to private parties
the power to do what no government can; namely, to
surreptitiously impose a prior restraint upon communications
that are presumptively protected by the First Amendment without
any judicial determination that the speech being suppressed is
unlawful.
The bill expands protection for copyrighted works beyond
that required by the Copyright Act. Subsection (a) of the bill
provides a safe harbor for self-help actions that impair the
``unauthorized'' distribution, display, performance or
reproduction of a copyrighted work on a publicly accessible P2P
network. But not all ``unauthorized'' uses of copyrighted works
are illegal under the Copyright Act. In addition, as discussed
above, by permitting self-help against individuals who merely
make works available (rather than just those who illegally
download available works), the bill gives copyright owners an
additional ``right to make available to the public.'' This
right is now only recognized by European intellectual property
laws, and has heretofore been rejected in the U.S.
H.R. 5211 is well intended to stem the flow of illegal file
trading, but it goes way beyond what is necessary to permit the
content industries to engage in the type of non-invasive self-
help described above. While Public Knowledge might consider
supporting a narrowly-crafted proposal that clarifies that non-
invasive self help is permissible, H.R. 5211 is not that bill.
Conclusion
In conclusion, I want to thank Chairman Coble, Congressman Berman
and the other members of the Subcommittee for holding this hearing to
discuss P2P networks. As the sole representative of consumer and
citizens rights at this hearing, I would respectfully ask that you keep
the record open for thirty days to permit other public interest
organizations to submit testimony and comments.
Public Knowledge urges the Subcommittee to act cautiously before
seeking to alter the nature of a technology that improves the already
significant abilities and flexibility of computers and the Internet,
benefits artists, educators and businesses, and may very well be the
``magic bullet'' that drives broadband adoption. Illegal file trading
on P2P networks can be limited through a combination of rigorous
enforcement of the law, non-invasive self help techniques and promotion
of competition to build new business models for online music. H.R.
5211, however, goes far beyond what is necessary or reasonable to limit
illegal file trading, and if passed, could lead to actions by copyright
owners that could threaten the core capabilities of the Internet.
Thank you.
The Chairwoman. Thank you very much, Ms. Sohn. Mr. Kolko,
welcome, and look forward to your statement.
STATEMENT OF JED DAVID KOLKO, NOMINEE TO BE UNDER SECRETARY OF
COMMERCE FOR ECONOMIC AFFAIRS,
DEPARTMENT OF COMMERCE
Mr. Kolko. Chair Cantwell, Ranking Member Wicker, members
of the Committee, thank you for welcoming me here today and
considering my nomination for the position of Undersecretary of
Commerce for Economic Affairs. I am grateful to President Biden
and Secretary Raimondo for their confidence in me, and if
confirmed, I will do everything I can to live up to that trust.
And I would also like to thank members of your staff for
substantive and inspiring meetings in recent weeks. I have been
blessed with decades of support from family, friends, mentors,
and colleagues.
My parents nurtured my love of numbers from the start.e
On my first trip to Washington, D.C. at age 13, my family
indulged an unusual extra stop. In addition to visiting the Air
and Space Museum, the Lincoln Memorial, and the other classic
spots, I made a detour to the Government Printing Office
bookstore. There, I found the Washington souvenir I wanted
most. The recently released book of summary tables from the
1980 census of population. Four decades later, I remain in awe
of the richness of America's statistical infrastructure. I know
how a central, high quality data are to our economy and
society. I am eager to give back to America the best way I can,
helping preserve and improve the integrity, accuracy, and value
of our country's data. If confirmed, I would have three
priorities as Undersecretary for Economic Affairs. First would
be to support commercial activity and the economy as we emerge
from the pandemic.
Businesses in many sectors are experiencing difficulties as
the economy recovers. Clear, timely data and analysis about
consumer spending, trade, and the labor market can help manage
these unprecedented economic conditions. Second would be to
encourage economic development across all regions of America.
Even before the pandemic, when unemployment was at record lows,
much of America did not share in the national economic
prosperity. Regional inequalities widened even as other
inequalities narrowed. More complete local, economic, and
social data can highlight which places are most in need and
what strategies could spread economic success more widely.
Third would be to support and enhance our statistical
infrastructure.
Technological advances have introduced new opportunities,
but also new challenges for collecting, reporting and analyzing
official statistics. The career staff and technical experts at
the Census Bureau, the Bureau of Economic Analysis, and other
U.S. statistical agencies are extraordinary, as I know
firsthand, from years of getting helpful answers to my arcane
technical questions. I am eager to work closely with them and
trust their guidance. I would approach these priorities with
the spirit of careful innovation and the utmost integrity. My
career has been primarily in the private sector, developing
innovative ways to create and combine data and widely
accessible research.
As Chief Economist at Indeed and Trulia, my teams and I
developed indices of economic activity that became leading
indicators during the COVID-19 pandemic and the Great Recession
housing crisis. Earlier at Forrester Research, I led one of the
largest private sector consumer survey efforts. As a board
member of the National Association for Business Economics, I
understand how important Government data are for business and
how the private sector can help improve public data and
analysis.
Throughout my career, I have held myself and my teams to
the highest level of data scrutiny and integrity, both
internally and in our public facing work. I strive to set a
high bar for asking the most important actionable questions and
letting the data drive the answers. If confirmed, I promise to
work closely with this committee and with career staff at the
Department to champion our data infrastructure and to advocate
for American economic resilience and prosperity. Thank you so
much for the chance to appear here today. I look forward to
your questions.
[The prepared statement and biographical information of Mr.
Kolko follow:]
Prepared Statement of Jed David Kolko, Nominee to be Undersecretary of
Commerce for Economic Affairs, Department of Commerce
Chair Cantwell, Ranking Member Wicker, and Members of the
Committee: thank you for welcoming me here today and considering my
nomination for the position of Undersecretary of Commerce for Economic
Affairs. I am grateful to President Biden and Secretary Raimondo for
their confidence in me. If confirmed, I will do everything I can to
live up to that trust. And I would like to thank members of your staff
for substantive and inspiring meetings in recent weeks.
I have been blessed with decades of support from my family,
friends, mentors, and colleagues. My parents nurtured my love of
numbers from the start. On my first trip to Washington, D.C. at age 13,
my family indulged an unusual extra stop. In addition to visiting the
Air and Space Museum, the Lincoln Memorial, and the other classic
spots, I made a detour to the Government Printing Office bookstore.
There, I found the Washington souvenir I wanted most: the recently
released book of summary tables from the 1980 Census of Population.
Four decades later, I remain in awe of the richness of America's
statistical infrastructure. I know how essential high-quality data are
to our economy and society. I am eager to give back to America the best
way I can: helping preserve and improve the integrity, accuracy, and
value of our country's data.
If confirmed, I would have three priorities as Undersecretary for
Economic Affairs.
The first would be to support commercial activity and the economy
as we emerge from the pandemic. Businesses in many sectors are
experiencing difficulties as the economy recovers. Clear, timely data
and analysis about consumer spending, trade, and the labor market can
help manage these unprecedented economic conditions.
The second would be to encourage economic development across all
regions of America. Even before the pandemic, when unemployment was at
record lows, much of America did not share in the national economic
prosperity. Regional inequalities widened; even as other inequalities
narrowed. More complete local economic and social data can highlight
which places are most in need and what strategies could spread economic
success more widely.
The third would be to support and enhance our statistical
infrastructure. Technological advances have introduced new
opportunities but also new challenges for collecting, reporting, and
analyzing official statistics. The career staff and technical experts
at the Census Bureau, the Bureau of Economic Analysis, and other U.S.
statistical agencies are extraordinary--as I know firsthand from years
of getting helpful answers to my arcane technical questions. I am eager
to work closely with them and trust their guidance.
I would approach these priorities with a spirit of careful
innovation and the utmost integrity. My career has been primarily in
the private sector, developing innovative ways to create and combine
data in widely accessible research. As chief economist at Indeed and
Trulia, my teams and I developed indices of economic activity that
became leading indicators during the COVID-19 pandemic and the Great
Recession housing crisis. Earlier, at Forrester Research, I led one of
the largest private-sector consumer survey efforts. As a board member
of the National Association for Business Economics, I understand how
important government data are for business and how the private sector
can help improve public data and analysis.
Throughout my career, I have held myself and my teams to the
highest level of data scrutiny and integrity, both internally and in
our public-facing work. I strive to set a high bar for asking the most
important, actionable questions and letting the data drive the answers.
If confirmed, I promise to work closely with this Committee and
with career staff at the Department to champion our data infrastructure
and to advocate for American economic resilience and prosperity.
Thank you for the chance to appear here today. I look forward to
your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Jed David
Kolko.
2. Position to which nominated: Undersecretary of Commerce for
Economic Affairs.
3. Date of Nomination: October 4, 2021.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 201 Mission Street, San Francisco CA 94105.
5. Date and Place of Birth: May 4, 1970; Rochester, NY.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Eric Rice (spouse), head of impact investing, BlackRock.
No children.
7. List all college and graduate degrees. Provide year and school
attended.
Harvard University, 1988-1992. Bachelor's, 1992
Harvard University, 1995-2000. Master's, 1997. Doctorate, 2000
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Indeed (2016 to present).
Chief Economist Fidelity (2016). SVP of Data Innovation
Trulia (2011-2015). Chief Economist and VP of Analytics
PPIC (2006-2011). Associate Director of Research and Research
Fellow
Forrester (2000-2005). VP and Research Director
Harvard University (1997-1999). Teaching Fellow
Office of Federal Housing Enterprise Oversight (1994-1995).
Research Associate
World Bank (1993-1995). Consultant
Progressive Policy Institute (1992-1993). Policy Economist
9. Attach a copy of your resume.
Attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years. None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
Bloomberg Beta (2015-2016). Research Advisor
Orbital Insight (2015-2019). Advisor
Terner Center for Housing Innovation at UC-Berkeley (2015-
present). Fellow and Affiliate
Self-employed consultant--sole proprietor (2015-2016).
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, you do not have to list your
religious affiliation or membership in a religious house of worship or
institution.). Include dates of membership and any positions you have
held with any organization. Please note whether any such club or
organization restricts membership on the basis of sex, race, color,
religion, national origin, age, or disability.
National Association for Business Economics. Member, board of
directors (2019 to present)
California Budget and Policy Center. Member, board of directors
(2015 to present)
American Economic Association. Member (intermittently) Reboot.
Member, board of directors (approx. 2009 to 2013)
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt. No.
14. List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities. None.
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years. None.
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Chiles Foundation Fellowship, Harvard University, 1999.
National Science Foundation Doctoral Dissertation Improvement
Grant, 1998-1999.
Sumner Slichter Fellowship, Harvard University, 1997.
National Science Foundation Graduate Fellowship, 1995-1998.
Phi Beta Kappa, 1991.
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
Published works
New York Times
``The Downtown Decade: U.S. Population Density Rose in the
2010s.'' New York Times. September 1, 2021.
``In Reversal, Retirements Increased During the Pandemic.'' New
York Times. May 12, 2021.
``The Most Urban Counties in the U.S. Are Shrinking.'' New York
Times. May-4, 2021.
``How the Pandemic Did, and Didn't, Change Where Americans
Move.'' With Emily Badger and Quoctrung Bui. New York Times.
April 19, 2021.
``The Jobs the Pandemic May Devastate.'' New York Times.
February 22, 2021.
``The Places That Had the Biggest Swings Toward and Against
Trump.'' With Toni Monkovic. New York Times. December 7, 2020.
``Election Showed a Wider Red-Blue Economic Divide.'' New York
Times. November 11, 2020.
``Why Blue Places Have Been Hit Harder Economically Than Red
Ones.'' New York Times. October 30, 2020.
``Don't Cheer Too Soon. Keep an Eye on the Core Jobless Rate.''
New York Times. June 15, 2020.
``Which Areas in America Are Worse Off Since 2016?'' New York
Times. March 16, 2020.
``Yes, Rich Cities are Getting Richer. But That's Not the Whole
Story.'' New York Times. February 19, 2020.
``The Myth of the Urban Boomer.'' New York Times. January 24,
2020.
``Red and Blue Economies Are Heading in Sharply Different
Directions.'' New York Times. November 13, 2019.
``How Much Slower Would the U.S. Grow Without Immigration? In
Many Places, a Lot.'' New York Times. April 18, 2019.
``As Labor Market Tightens, Women Are Moving Into Male-
Dominated Jobs.'' With Claire Cain Miller. New York Times.
December 14, 2018.
``What Is Your City's Twin?'' With Josh Katz. New York Times.
April 3, 2018.
``Under Trump, Job Market Has Improved More For Clinton
Supporters.'' New York Times. September 5, 2017.
``Seattle Climbs but Austin Sprawls: The Myth of the Return to
Cities.'' New York Times. May 22, 2017.
``Why the Homeownership Rate Is Misleading.'' New York Times.
January 30, 2014.
Media other than New York Times
``40 Years From Now, The U.S. Could Look Like Las Vegas.''
FiveThirtyEight. June 22, 2017.
``Trump Was Stronger Where The Economy Is Weaker.''
FiveThirtyEight. November 10, 2016.
```Normal America' Is Not A Small Town Of White People.''
FiveThirtyEight. April 28, 2016.
``Republican-Leaning Cities Are At Greater Risk Of Job
Automation.'' FiveThirtyEight (2/17/16).
``Where In America There's the Most Room to Grow.'' Washington
Post Wonkblog. October 30, 2015.
``How Suburban are Big American Cities?'' FiveThirtyEight. May
21, 2015.
``Why Millennials Are Less Urban Than You Think.''
FiveThirtyEight (4/7/15).
``No, Suburbs Aren't All the Same. The Suburbiest Ones Are
Growing Fastest.'' Atlantic CityLab (2/5/15).
``Let's Improve--Not Ignore--Seasonal Adjustment of Housing
Data.'' Calculated Risk (8/11/14).
``Population Growth in Dense U.S. Cities: Short-Term Correction
or Long-Term Trend?'' Atlantic Cities (4/15/14).
``Where Do Housing `Leading Indicators' Lead Us?'' Calculated
Risk (3/14/14).
``Here are the `Missing' Construction Jobs.'' Calculated Risk
(1/31/13).
``Brace Yourself, Real Estate Prices are Going Back Up.''
Bloomberg View (7/8/12).
``Dissecting the House Price Indices.'' Calculated Risk (5/23/
12).
``The Political Fight Over Principal Reduction.'' US News and
World Report (4/17/12).
``Where the Jobs Will Be in 2020.'' Atlantic Cities (2/7/12).
``Commentary: Jobs Report Bodes Well for Housing.'' Wall Street
Journal. December 2, 2011.
``Enterprise zone program too costly to keep as is.'' With
David Neumark. San Francisco Chronicle. February 6, 2011.
``California loses few jobs to other states.'' San Francisco
Chronicle. May 8, 2009.
``The Federal Stimulus: A Boost or a Bane?'' San Diego Union-
Tribune Op-Ed, February 5, 2009.
``Hands-Free Phones in Cars Will Save Lives.'' Sacramento Bee
Op-Ed, May 31, 2008.
``How to untangle the wireless debate.'' San Francisco
Chronicle. July 9, 2007.
Recent and notable blogposts on Indeed, Trulia, and personal blogs
``The Impact of Coronavirus on U.S. Job Postings Through July
16: Data from Indeed.com.'' Indeed Hiring Lab. July 21, 2021.
Biweekly tracker of the labor market during COVID-19.
``Where Are the Job Seekers?'' Indeed Hiring Lab. June 2, 2021.
``Remote Job Postings Double During Coronavirus and Keep
Rising.'' Indeed Hiring Lab. March 16, 2021.
``2020 U.S. Labor Market Review and 2021 Outlook: Better Than
Feared, but Plenty of Damage Remains.'' Indeed Hiring Lab.
December 1, 2020.
``Jobs, Coronavirus, and Partisanship on the Eve of the
Election.'' Indeed Hiring Lab. October 20, 2020.
``Why Job Postings Have Fallen More in Large, Rich Metros.''
Indeed Hiring Lab. June 25, 2020.
``Making Sense of the Labor Market During COVID-19.'' Indeed
Hiring Lab. April 28, 2020.
``Will Your Job Disappear? Economic Anxiety, Demographics, and
the Future of Work.'' Personal blog. September 1, 2016.
``Urban Revival? Not For Most Americans.'' Personal blog. March
30, 2016.
``Should Your Tech Firm Have an Economist?'' LinkedIn Pulse.
February 1, 2016.
``Why Millennials Still Live With Their Parents.'' Terner
Center blog. November 23, 2015.
``The Recession's Lost Generation of Homeowners Isn't
Millennials--It's the Middle-Aged.'' Trulia (7/16/14).
``Your Home's Lucky Number.'' Trulia (11/9/12).
``School Districts People Flock To--and Flee From.'' Trulia (8/
28/12).
Complete set of blog posts available at:
http://jedkolko.com/blog/ (personal blog)
https://www.hiringlab.org/author/jkolko/ (Indeed)
https://www.trulia.com/research/author/jedkolko/ (Trulia)
Public Policy Institute of California reports
``Rethinking the State-Local Relationship: Local Economic
Development.'' 2011.
``Driving Change: Reducing Vehicle Miles Traveled in
California.'' With Louise Bedsworth and Ellen Hanak. 2011.
``Business Climate Rankings and the California Economy.'' With
David Neumark and Marisol Cuellar Mejia. 2011.
``Making the Most of Transit: Density, Employment, and
Ridership Around New Stations.'' 2011.
``Business Relocation and Homegrown Jobs: 1992-2006.'' 2010.
``Does Broadband Boost Local Economic Development?'' 2010.
``Do California's Enterprise Zones Create Jobs?'' With David
Neumark. 2009.
``Are the Rich Leaving California?'' 2009.
``Are Wages Too High?'' 2008.
``What to Expect from California's New Hands-Free Law.'' 2008.
``Business Location Decisions and Employment Dynamics in
California.'' With David Neumark. 2007.
``Are California's Companies Shifting Their Employment to Other
States?'' With David Neumark. 2007.
``Broadband For All? Gaps in California's Broadband Adoption
and Availability.'' 2007.
``Interstate Business Location: An Industry-Level Analysis.''
With David Neumark and Junfu Zhang. 2006.
Full list of PPIC publications here: https://www.ppic.org/
person/jed-kolko/
Uncategorized publications
``Setting the Stage for the Future of Work: Deep Shifts and
Great Uncertainties.'' Shift Commission (6/15/16).
``Accessible Technology in Computing--Examining Awareness, Use,
and Future Potential.'' With Betsey Stevenson. Forrester
Research report commissioned by Microsoft, 2004-5.
``The High-Tech Rural Renaissance? Information Technology, Firm
Size, and Rural Economic Growth.'' U.S. Small Business
Association, Office of Advocacy, research paper series, 1999.
``New England at Your Service: The New Geography of Service
Industries.'' Federal Reserve Bank of Boston Regional Review
8:4, 1998.
``The Mirage and Reality of Retail Deserts.'' With Jenny
Schuetz and Rachel Meltzer. Land Redevelopment. National
Association of Home Builders. Spring 2011.
``The Year in Urbanism: A Turnaround for Bay Area Housing?''
Urbanist. San Francisco Planning and Urban Research. January
2011.
``Revisiting Keynes: Economic Possibilities for Our
Grandchildren.'' Book review. Journal of Regional Science 48,
2010.
``Rejecting Rooms for ROTC.'' The Harvard Crimson, letter to
the editor. November 16, 1989.
Academic publications
Working paper versions of published papers might still be
available from RePEc or SSRN.
``What Do Business Climate Indexes Teach Us About State Policy
and Economic Growth?'' With David Neumark and Marisol Cuellar
Mejia. Journal of Regional Science 53, 2013.
``Broadband and Local Growth.'' Journal of Urban Economics 71,
2012.
``Are Poor Neighborhoods `Retail Deserts'?'' With Jenny Schuetz
and Rachel Meltzer. Regional Science and Urban Economics 42,
2012.
``Do Enterprise Zones Create Jobs? Evidence from California's
Enterprise Zone Program.'' With David Neumark. Journal of Urban
Economics 68, 2010.
``A New Measure of U.S. Residential Broadband Availability.''
Telecommunications Policy 34, 2010.
``Urbanization, Agglomeration, and Co-Agglomeration of Services
Industries.'' In Agglomeration Economics, Edward Glaeser, ed.
University of Chicago Press, 2010.
``Does Local Business Ownership Insulate Cities from Economic
Shocks?'' With David Neumark. Journal of Urban Economics 67,
2010.
``Do Some Enterprise Zones Create Jobs?'' With David Neumark.
Journal of Policy Analysis and Management 29, 2010.
``How Broadband Changes Online and Offline Behaviors.''
Information Economics and Policy 22, 2010.
``The Effects of Mobile Phones and Hands-Free Laws on Traffic
Fatalities.'' B.E. Journal of Economic Analysis and Policy 9
(Contributions), 2009.
``Changes in the Location of Employment and Ownership: Evidence
from California.'' With David Neumark. Journal of Regional
Science 48, 2008.
``Silicon Mountains, Silicon Molehills: Geographic
Concentration and Convergence of Internet Industries in the
US.'' Information Economics and Policy 14, 2002.
``The Consumer City.'' With Edward Glaeser and Albert Saiz.
Journal of Economic Geography 1, 2001.
``The Death of Cities? The Death of Distance? Evidence from the
Geography of Commercial Internet Usage.'' The Internet
Upheaval: Raising Questions, Seeking Answers in Communications
Policy. Eds. Ingo Vogelsang and Benjamin M. Compaine. MIT Press
and TPRC, 2000.
``Employment Location, Neighborhood Change, and
Gentrification.'' Unpublished.
``Moving Across Borders: The Determinants of Interstate
Business Relocation.'' Unpublished.
18. List all digital platforms (including social media and other
digital content sites) on which you currently or have formerly operated
an account, regardless of whether or not the account was held in your
name or an alias. Include the name of an ``alias'' or ``handle'' you
have used on each of the named platforms. Indicate whether the account
is active, deleted, or dormant. Include a link to each account if
possible.
Twitter: www.twitter.com/jedkolko
LinkedIn: www.linkedin.com/in/jedkolko
(unused/inactive Facebook account: https://www.facebook.com/
jed.kolko.9/)
(minimally used Instagram account: https://www.instagram.com/
jed.kolko/)
19. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony. None.
20. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have three decades of experience leading research teams that use
public and proprietary data to produce clear, actionable economic
analysis. With a Ph.D. in economics, I have worked primarily in the
private sector, developing innovative ways to create and combine data
in research that is accessible to a wide range of non-technical
audiences.
My publications include a dozen academic articles, numerous long-
form research reports, and frequent contributions to mainstream media
publications. I've published on a range of topics, including labor
markets, housing markets, economic development, and technology
behaviors and adoption.
Throughout my career I've been an enthusiastic and grateful user of
government data produced by the Census Bureau, the Bureau of Economic
Analysis (BEA), the Bureau of Labor Statistics (BLS), and other
agencies, and am deeply familiar with the value, potential, and
occasional limitations of official statistics. In the private sector,
I've led efforts to create alternative and proprietary datasets. As
chief economist at the websites Indeed and Trulia, my teams and I
developed indices of labor market and housing marketing activity that
became leading economic indicators during the COVID-19 pandemic and the
Great Recession housing crisis. Earlier, at Forrester Research, I led
one of the largest private-sector survey efforts, Consumer
Technographics.
As a member of the board of the National Association for Business
Economics, I understand how important government data are for business,
and how the private sector can help improve public data and analysis.
I am committed to supporting our statistical agencies so they can
make government data ever more valuable for policy analysis, for
business, and for consumers. I am passionate about data integrity and
quality, encouraging clear communication and accessibility, and getting
under the hood to look not just at averages and aggregates but to
highlight inequities and bring awareness to the people, sectors, and
places that aren't thriving economically.
21. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
I will work with the Department and the Committee to ensure that
the Office of the Undersecretary for Economic Affairs, the Census
Bureau, the Bureau of Economic Analysis, and the Chief Economist's
office have proper management and accounting controls.
Throughout my career I have held myself and my teams to the highest
level of data scrutiny and integrity, both internally and in our
public-facing work. I've served in leadership roles in multiple
companies and helped manage teams through major changes--including an
IPO, an acquisition, and the sudden shift to remote work. I believe
clear communication, comprehensive documentation, adherence to all
applicable laws, regulations, and policies, and conscientious
leadership are essential ingredients for proper management and
accounting.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
Three top challenges are:
1. To support commercial activity and the economy as we emerge from
the pandemic. Businesses in many sectors are experiencing
difficulties hiring workers and sourcing materials that depend
on global supply chains. Businesses need clear, current
information about the economy, trade, and the labor market to
manage their hiring and production plans--and support for
easing these supply constraints and shortages.
2. To encourage economic development across all regions of America.
Even before the pandemic when unemployment was at record lows,
much of America did not share in the national economic
prosperity. Regional inequalities widened even as many other
kinds of economic gaps narrowed. More complete local economic
and social data can highlight which places are most in need and
what strategies could spread prosperity more widely.
3. To support and enhance our statistical infrastructure. Timely,
accurate, and comprehensive data is essential for businesses
and consumers to make economic decisions, and for public policy
to support economic growth. Technological advances have
introduced both new challenges and new opportunities for
collecting, reporting, and analyzing official statistics, and
we should mitigate these challenges while taking advantage of
new opportunities.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
No deferred compensation agreements. My compensation from Indeed
ends when my employment terminates, which would be prior to assuming
the position to which I have been nominated, if confirmed.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain. No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. Explain how you will
resolve each potential conflict of interest.
As part of the nomination process, I have consulted with the Office
of Government Ethics and the Designated Agency Ethics Official at the
Department of Commerce to identify any potential conflicts of interest.
Any conflict of interest will be resolved according to the ethics
agreement that I have entered into with the Commerce Department's
Designated Agency Ethics Official and that will be provided to this
Committee.
If an actual or potential conflict of interest arises during my
appointment, I will consult with the Commerce Department's ethics
counsel and take the necessary steps to resolve the conflict.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated. Explain how you will resolve
each potential conflict of interest.
As part of the nomination process, I have consulted with the Office
of Government Ethics and the Designated Agency Ethics Official at the
Department of Commerce to identify any potential conflicts of interest.
Any conflict of interest will be resolved according to the ethics
agreement that I have entered into with the Commerce Department's
Designated Agency Ethics Official and that will be provided to this
Committee.
If an actual or potential conflict of interest arises during my
appointment, I will consult with the Commerce Department's ethics
counsel and take the necessary steps to resolve the conflict.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
None.
If an actual or potential conflict of interest arises during my
appointment, I will consult with the Commerce Department's ethics
counsel and take the necessary steps to resolve the conflict.
6. Describe any activity during the past ten years, including the
names of clients represented, in which you have been engaged for the
purpose of directly or indirectly influencing the passage, defeat, or
modification of any legislation or affecting the administration and
execution of law or public policy. None.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairwoman. Thank you, Mr. Kolko. Senator Wicker and I
are admiring your ability to focus on that data and your hobby
there, so that is good. Thank you. Mr. Davidson.
STATEMENT OF ALAN B. DAVIDSON,
NOMINEE TO BE ASSISTANT SECRETARY OF
COMMERCE FOR COMMUNICATIONS AND INFORMATION,
DEPARTMENT OF COMMERCE
[Technical problems.]
Mr. Davidson. --and members of the Committee for this
opportunity to speak with you today. I am honored to be
President Biden's nominee for Assistant Secretary of Commerce
and NTIA Administrator at this historic time for the agency and
this historic moment in its work to connect all Americans.
Thank you as well to Secretary Raimondo for her support of my
nomination. I would also like to thank my wife, Melissa, who is
here today. We are joined by our children, Amelia and Harry.
They are a constant reminder to me of the importance of this
work, and they constantly keep me humble as our children will
do.
When I was a young computer science student at MIT, a few
of us would have imagined the digital world today. The web did
not exist. The Internet was mostly a nonprofit network of
universities. Mobile phones were the size of a brick,
literally. But even then, we had a strong sense that computers
and networks were changing the world, and we had questions
about that impact. Would these technologies connect us or
divide us? Would they concentrate power or provide opportunity
to all? Fast forward to today, the Internet did in fact change
everything. Modern networks created a digital revolution and
are now essential to how we work, to how we live, how we
innovate. But those technology--those questions about
technology still remain, and they have been the animating force
of my work.
I have spent my career devoted to the idea that technology
must serve human progress. For 25 years as a computer
scientist, a lawyer, a public interest leader, and an
executive, I have sought to build and shape digital
technologies that connect people and make their lives better.
In these roles, I have had a chance to lead organizations,
manage high performing teams, and build coalitions in pursuit
of a positive vision of the future. It is a continuing sense of
purpose that brings me here today. I believe we have been given
a historic opportunity, as noted by the Chair and Senator
Wicker, and thanks to the bipartisan support from Congress, to
connect the unconnected, close the digital divide, and power
American jobs and competitiveness. If confirmed, I will focus
on three top priorities.
The first is closing the digital divide. The Internet is
now a critical part of American life. As the pandemic has made
clear, people need broadband to work, to learn, and to connect.
Yet far too many American households in rural, urban, and
tribal communities are still without affordable, high speed
internet. Congressional infrastructure funding has created a
once in a generation opportunity to close the digital divide
and connect all Americans. This will be my top priority in the
coming years. My second priority will be ensuring access to
spectrum. NTIA serves a critical role in ensuring the most
effective and efficient use of this scarce resource. That
includes meeting the needs of Federal users while also
supporting advanced wireless technologies to realize the
promise of next generation services and connected devices.
If confirmed, I will work toward a coordinated, national
approach to spectrum use and planning to meet the demand for
spectrum now and in the future. Third, NTIA has an important
role to play in building a better internet. NTIA has a
statutory role in efforts to bolster cybersecurity, protect
privacy, and advocate for America's vision of free and open
communications around the world.
For three decades, the Internet has been a positive force
offering access to information, connection with community, and
economic opportunity. But today's Internet also faces security
risks, eroding privacy and threats from authoritarian regimes.
We can and we must do better. These are ambitious goals.
Because of technology's growing role in our lives, these
priorities are about far more than communication policy, they
are about creating jobs for Americans, they are about
maintaining America's global leadership in technology, and they
are about competing better on the global stage and improving
equity here at home.
If confirmed, I will continue to do what I have done for my
entire career since leaving MIT, build networks and
technologies with intention, with responsibility, and with the
ultimate goal of improving lives. Thank you for your time, and
I look forward to your questions.
[The prepared statement and biographical information of Mr.
Davidson follow:]
Prepared Statement of Alan B. Davidson, Nominee to be Assistant
Secretary of Commerce for Communications and Information and
Administrator,
National Telecommunications and Information Administration
Thank you Chair Cantwell, Ranking Member Wicker, and Members of the
Committee for the opportunity to speak with you today.
I am honored to be President Biden's nominee for Assistant
Secretary of Commerce for Communications and Information and NTIA
Administrator at this historic time for the agency and this historic
moment in its work to connect all Americans. Thank you to Secretary
Raimondo as well for her support of my nomination.
I would also like to thank my wife, Melissa, who is here today. We
are joined by our children Amelia and Harry. They are a consistent
reminder to me of the importance of this work.
When I was a bright-eyed computer science student at MIT, few of us
would have imagined the digital world of today. The Web did not exist.
The Internet was mostly a non-profit network of universities. Mobile
phones were the size of bricks. But even then we had a strong sense
that computers and communications networks were changing the world. And
we had questions about their impact. Would these technologies connect
us or divide us? Would they concentrate power, or provide opportunity
to all?
Fast forward to today. The Internet did, in fact, change
everything. Modern networks created a digital revolution, and are now
essential to how we work, live, and innovate. But those questions about
technology remain, and they have been the animating force of my work.
I have spent my career devoted to the idea that technology must
serve human progress. For 25 years, as a computer scientist, a lawyer,
a public interest leader, and an executive, I have sought to build and
shape digital technologies that connect people and make their lives
better.
In these roles, I have had a chance to lead organizations, manage
high-performing teams, and build coalitions in pursuit of a positive
vision of the future.
It is a continuing sense of purpose that brings me here today. I
believe we have been given a historic opportunity--thanks to bipartisan
support from Congress--to connect the unconnected, close the digital
divide, and power American jobs and competitiveness.
If confirmed, I will focus on three top priorities:
The first is closing the digital divide. The Internet is now a
critical part of American life. As the pandemic made clear, people need
broadband to work, to learn, and to connect. Yet far too many American
households are still without affordable, high-speed Internet.
Congressional infrastructure funding has created a once-in-a-generation
opportunity to close the digital divide and connect all Americans. This
will be my top priority in the coming years.
My second priority will be ensuring access to spectrum. NTIA serves
a critical role in ensuring the most effective and efficient use of
this scarce resource. That includes meeting the needs of Federal users
while also supporting advanced wireless technologies to realize the
promise of next generation services and connected devices. If
confirmed, I will work towards a coordinated, national approach to
spectrum use and planning--in order to meet the demand for spectrum now
and in the future.
Third, NTIA has an important part to play in building a better
Internet. NTIA has a statutory role in efforts to bolster
cybersecurity, protect privacy, and advocate for America's vision of
free and open communications around the world. For over three decades
the Internet has been a positive force offering access to information,
connection with community, and economic opportunity. But today's
Internet also faces security risks, eroding privacy and threats from
authoritarian regimes. We can and must do better.
These are ambitious goals. Because of technology's growing role in
our lives, these priorities are about far more than communications
policy. They are about creating new jobs for Americans. They are about
maintaining America's global leadership in technology. They are about
competing better on the global stage--and improving equity here at
home.
If confirmed, I will continue to do what I've done for my entire
career since leaving MIT: build networks and technology with intention,
with responsibility, and with the ultimate goal of improving lives.
Thank you for your time, and I look forward to your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Alan Bruce
Davidson.
2. Position to which nominated: Assistant Secretary for Commerce
and Information, and Administrator of the National Telecommunications
and Information Administration, Department of Commerce.
3. Date of Nomination: October 28, 2021.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: Information not provided.
5. Date and Place of Birth: October 11, 1967; Baltimore, MD.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Melissa Goldman Davidson (spouse), self-employed.
Amelia Jane Davidson (child), 20 years old.
7. List all college and graduate degrees. Provide year and school
attended.
Massachusetts Institute of Technology, S.B. in Mathematics with
Computer Science, 1989.
Massachusetts Institute of Technology, S.M. in Technology and
Policy, 1993.
Yale Law School, J.D., 2004
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Mozilla Foundation, Senior Advisor (part-time) (2020 to
present)
Policy Ventures, President (part-time consulting) (2020 to
present)
Mozilla Corporation, Vice President of Global Policy, Trust &
Security (2018-2020)
Mozilla Foundation, Tech Policy Fellow (part-time) (2017-2018)
New America, Senior Program Fellow/Public Interest Technology
Fellow (part-time) (2017-2018)
U.S. Department of Commerce, Director of Digital Economy and
Senior Advisor to the Secretary (2015-2017)
New America, Vice President for Technology, Policy and
Strategy; and Director, Open Technology Institute (2014-2015)
Massachusetts Institute of Technology, Visiting Scholar/
Research Affiliate (part-time) 2012-2014
Policy Ventures, President (part-time) (2012-2014)
Google Inc., Director of Public Policy, Americas (2005-2012)
Georgetown University, Adjunct Professor, Communications,
Culture & Technology Program (2000-2006)
Center for Democracy and Technology, Associate Director (1995-
2005)
Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Summer
Associate (Summer 1994)
The White House, Policy Assistant, Office of Policy Development
(Summer 1993)
Booz-Allen & Hamilton, Inc., Senior Consultant, Technical
Information Systems Practice (Summer 1992)
U.S. Congress Office of Technology Assessment, Summer Intern
(Summer 1991)
Booz-Allen & Hamilton, Inc., Senior Consultant, Technical
Information Systems Practice (1989-1990)
9. Attach a copy of your resume.
Attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years. None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
In addition to the positions listed in response to Item 8 above:
Massachusetts Institute of Technology, Research Affiliate/
Digital Fellow, Initiative on the Digital Economy (2017 to
present)
Center for Democracy and Technology, Board Member (2017-
present) Computer & Communications Industry Association, Board
Member (2017 to present)
Credo AI, Advisor (June 2021 to present)
Internet Education Foundation, Board Member (2006-2015)
Technology Policy Strategies, Director (2012)
Software & Information Industry Association, Board Member
(until 2012)
Information Technology Industry Council, Board Member (until
2012)
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, you do not have to list your
religious affiliation or membership in a religious house of worship or
institution.). Include dates of membership and any positions you have
held with any organization. Please note whether any such club or
organization restricts membership on the basis of sex, race, color,
religion, national origin, age, or disability.
Adirondack Forty-Sixers, Member, 1993 to present
Adirondack Mountain Club, Member, 2016 to present
American Bar Association, Member, Periodically from 2005-2020
American Civil Liberties Union, Member, 1997 to present
Association of Computing Machinery, Member, 2012 to present
Chevy Chase Recreation Association, Family membership, 2007-
2011
MIT Club of Washington DC, Member, 1995 to present
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt. No.
14. List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities.
Volunteer Advisor, Biden for President 2020, Innovation Policy
Committee
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $200 or more for the past ten years.
Phil Weiser for Colorado (2021)--$625
Biden for President/Biden Victory Fund (2020)--$5,600
Cindy Axne for Congress (2020)--$500
The Markey Committee (2020)--$250
Sara Gideon for Maine (2020)--$250
Win the Era PAC (2019)--$500
Bennett for America (2019)--$300
44 Fund (2018)--$250
Phil Weiser for Colorado (2017-18)--$500
Alec Ross for Maryland (2017)--$500
Hillary Victory Fund (2016)--$2350
Friends of Doug Gansler (2013)--$500
Leahy for U.S. Senator Committee (2013)--$250
Obama for America (2012)--$3,500
Congressman Waxman Campaign Committee (2012)--$1,000
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
U.S. Department of Commerce Bronze Medal, 2016
Hugh Hampton Young Fellowship, MIT, 1991
Bernard Rabinowitz Fellowship for Leadership and Service, MIT,
1990
Karl Taylor Compton Prize, MIT, 1989
Golden Nugget Scholarship, 1985-1989
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
I have periodically participated in discussions at conferences or
served as a guest speaker in academic settings. Below is a list of
publications and relevant speeches I have been able to identify through
a diligent review of my records and the Internet.
Publications
Lloyd, John; Lamb, Kaili; Davidson, Alan; Jakobson, Christine.
Misinformation in the 2020 U.S. Elections: A Timeline of
Platform Changes, Mozilla Blog, March 8, 2021
Baker, Mitchell; Davidson, Alan; Kak, Amba; Munyua, Alice.
Reimagine Open: Building Better Internet Experiences, Mozilla
Report, January 2021
Davidson, Alan; Munyua, Alice. Reimagine Open: Building a
Healthier Internet, Mozilla Blog, January 14, 2021
Keating, Amy; Davidson, Alan. Next steps for Net Neutrality,
July 6, 2020
Davidson, Alan. Protecting Search and Browsing Data from
Warrantless Access, Mozilla Blog, May 22, 2020
Davidson, Alan; Erwin, Marshall. Contact Tracing, Governments,
and Data, Mozilla Blog, April 29, 2020
Davidson, Alan; Keating, Amy. Breaking down this week's net
neutrality court decision, Mozilla Blog, October 4, 2019
Davidson, Alan. It's time for the U.S. Senate to Save the Net,
Mozilla Blog, June 10, 2019
Davidson, Alan. Android Browser Choice Screen in Europe,
Mozilla, April 18, 2019
Davidson, Alan; Keating, Amy. Mozilla Fights On For Net
Neutrality, Mozilla Blog, November 16, 2018
Davidson, Alan. Building our Technology Policy Future, Medium,
October 20, 2017
Davidson, Alan. The Trans-Pacific Partnership: Preserving a
Free and Open Internet, Recode.net, January 2016
Davidson, Alan. The Commerce Department's Digital Economy
Agenda, Department of Commerce, November 9, 2015
Davidson, Alan. Commerce and the Digital Economy--Towards A
Transatlantic Partnership, Department of Commerce, July 21,
2015
Davidson, Alan; Kehl, Danielle. Build an Internet for everyone,
everywhere, CNN, February 9, 2015
Freedman, Tom; Davidson, Alan; Hunt, Alexander. Voters agree: A
free and open Internet is crucial to our economic future,
Mercury News, December 29, 2014
Brown, Bruce D.; Davidson, Alan B. Opinion: Is Google Like Gas
or Like Steel?, New York Times, January 4, 2013
Ann Cavoukian et al., Privacy: Front and Center, IEEE Security
and Privacy, September 2012
Davidson, Alan; Tauke, Tom. A joint policy proposal for an open
Internet, Google Public Policy Blog, August 9, 2010
Davidson, Alan; Testifying before the Congressional--Executive
Commission on China, Google Public Policy Blog, March 24, 2010
Davidson, Alan; Tauke, Tom. Our common ground on the open
Internet, Google Public Policy Blog, January 15, 2010
Davidson, Alan; Aneesh Chopra as Chief Technology Officer,
Google Public Policy Blog, April 18, 2009
Davidson, Alan. Looking back, looking forward, Google Public
Policy Blog, December 29, 2008
Davidson, Alan. Looking back on the year in public policy,
Google Public Policy Blog, December 28, 2007
Davidson, Alan. Eric Schmidt's summer of public policy, Google
Public Policy Blog, July 26, 2007
Davidson, Alan; Morris, John. Internet Technical Standards
Setting Bodies: The Public Policy Venues of the Twenty-First
Century, The Standards Edge: Dynamic Tension, 2004
Bruening, Paula; Davidson, Alan; Schwartz, Ari; Privacy
Principles for Authentication Systems, TPRC 2003, September 19.
2003
Davidson, Alan; Morris, John. Policy Impact Assessments:
Considering the Public Interest in Internet Standards
Development, TPRC 2003, August 31, 2003
Davidson, Alan; Morris, John. Public Policy Considerations for
Internet Design Decisions, CDT, June 2003
Courtney, Robert; Davidson, Alan; Morris, Alan. Strangers in a
Strange Land: Public Interest Advocacy and Internet Standards,
CDT, September 29, 2002
Auerbach, Karl; Crawford, Susan; Davidson, Alan; Neumann,
Peter. ICANN in Year 3, CFP '02: Proceedings of the 12th annual
conference on Computers, Freedom and Privacy, April 2002
Davidson, Alan. Collective action and the development of
technical standards in U.S. industry, Masters Thesis, MIT, 1993
Speeches
2020 U.S. Election Preview: Impact on the Digital Economy, MIT
Initiative on the Digital Economy Seminar, October 2020
Global Data Protection: Privacy Through Better Product Design,
Canada House of Commons, International Grand Committee on Big
Data, Privacy and Democracy, May 2019
Remarks of Department of Commerce Director of Digital Economy
Alan Davidson, 10th Annual Southeast Venture Conference, March
2016
Remarks of Department of Commerce Director of Digital Economy
Alan Davidson, MMTC Broadband and Social Justice Summit,
January 2016
Remarks of Alan Davidson, Director of Digital Economy, U.S.
Department of Commerce, US Telecom National Cybersecurity
Policy Forum, October 2015
Presentation by Alan Davidson, Google Director of Public
Policy, Internet for Peace Conference, September 2010
Internet Censorship in the World Today, American Jewish
Committee ACCESS DC, 10th Annual Young Diplomats Reception,
April 2010
Liberty by Design, MIT Brunel Lecture Series on Complex
Systems, November 2009
Google in Washington, Yale Law School, April 2008
Making the World's Information Accessible: The View from
Google, American Library Association, May 2007
Internet Regulation and Design: A View from the Front Lines,
MIT Technology & Policy Program 30th Anniversary Celebration,
May 2006
Protecting the Freedom to Read in an Era of Internet Filtering,
American Library Association Mid-Winter Conference, January
2004
18. List all digital platforms (including social media and other
digital content sites) on which you currently or have formerly operated
an account, regardless of whether or not the account was held in your
name or an alias. Include the name of an ``alias'' or ``handle'' you
have used on each of the named platforms. Indicate whether the account
is active, deleted, or dormant. Include a link to each account if
possible.
Facebook:
Alan Davidson (@abdavidson)--https://www.facebook.com/
abdavidson (Active)
Instagram:
@davidsonsdc--https://www.instagram.com/davidsonsdc/ (Active)
@alandavidsondc--https://www.instagram.com/alandavidsondc/
(Dormant)
Twitter: @abdavidson--https://twitter.com/abdavidson (Active)
Snapchat: @abdavidson11 (Active)
LinkedIn: Alan Davidson--https://www.linkedin.com/in/alan-b-
davidson/
(Active)
Pinterest: @abdavidson0361--https://www.pinterest.com/
abdavidson0361/
(Dormant)
TikTok: @AlanDavidson571--https://www.tiktok.com/
@user8223090148538
(Dormant)
19. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
Consumer Privacy and Protection in the Mobile Marketplace,
Senate Committee on Commerce, Science, and Transportation,
Subcommittee on Protection, Product Safety, and the Insurance,
May 19, 2011
Protecting Mobile Privacy: Your Smartphones, Tablets, Cell
Phones, and Your Privacy, Senate Committee on the Judiciary,
Subcommittee on Privacy, Technology, and the Law, May 10, 2011
Google and Internet Control in China: A Nexus Between Human
Rights and Trade?, Congressional-Executive Commission on China,
March 24, 2010
Consumer Privacy and Government Technology Mandates in the
Digital Media Marketplace, Senate Committee on Commerce,
Science, and Transportation, September 17, 2003
Internet Cooperation for Assigned Names and Numbers, Senate
Committee on Commerce, Science, and Transportation,
Subcommittee on Communications, July 31, 2003
Overexposed: The Threats to Privacy and Security on Filesharing
Networks, House Committee on Government Reform, May 15, 2003
Limited Powers, Improved Accountability: Saving the ICANN
Experiment, Senate Committee on Commerce, Science, and
Transportation, Subcommittee on Science, Technology, and Space,
June 12, 2002
Cybercrime: Protecting Public Safety and Personal Privacy,
House Committee on the Judiciary, Subcommittee on Crime, June
12, 2001
ICANN: Towards Domain Name Administration in the Public
Interest, House Committee on Energy, Subcommittee on
Telecommunications, February 8, 2001
Carnivore's Challenge to Privacy and Security Online, House
Committee on the Judiciary, Subcommittee on the Constitution,
July 24, 2000
Privacy, Security, and U.S. Encryption Policy, House Permanent
Select Committee on Intelligence, July 23, 1999
Encryption Security in a High Tech Era, House Committee on
International Relations, Subcommittee on International Economic
Policy and Trade, May 18, 1999
Security and Freedom Through Encryption Act, House Committee on
the Judiciary, Subcommittee on Courts and Intellectual
Property, March 4, 1999
20. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I am honored to have been nominated to lead NTIA and, if confirmed,
would bring over 25 years of experience as an executive, public
interest leader, technologist, and attorney. During this time, I have
served in leadership positions in nonprofits, government, and industry,
working at the intersection of technology, communications, and public
policy. I was trained as a computer scientist, policy professional, and
attorney. My experiences are directly applicable to the subject matter
and managerial skills that will be central to success for NTIA's next
leader.
I have extensive experience leading organizations in high-pressure
policy settings focused on issues directly related to NTIA's mission.
Most recently, at Mozilla, I was responsible for leading global
Internet policy, privacy and security risk management teams. I also
have direct experience in the Commerce Department, gaining a broad
perspective as its first Director of Digital Economy and a Senior
Advisor to the Secretary. In addition, I have worked on broadband
adoption and access and spectrum issues in several different forums,
including New America's Open Technology Institute, Mozilla, and earlier
at Google. I started Google's Washington office and worked on a broad
range of tech and telecom issues as its Director of Policy for the
Americas. I like growing organizations, a passion I hope to bring to
NTIA at a time when it will be building capacity and seeking top talent
for its compelling mission.
I am eager to join NTIA because of the opportunities for impact
that it offers. Foremost among these is the once-in-a-generation
opportunity to bridge the digital divide and connect all Americans. If
confirmed, I hope to play a critical role in ensuring all Americans
have access to affordable, high-speed broadband service and to a more
open and equitable online ecosystem. I also strongly believe in the
importance of building our society's capacity to understand and
leverage the implications of new technology and to build networks and
technology in the service of people. I believe NTIA will play an
important role in these efforts.
21. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
NTIA has a critical role to responsibly administer its grant
programs and other operational structures that will be essential to
connecting all Americans to affordable, high-speed broadband service.
Several proposals currently under consideration in Congress, would add
substantial new oversight for billions of dollars of programs directly
administered by NTIA. It will be essential for NTIA to administer
grants, oversee funds, and manage its operational and advisory efforts
in compliance with the law and with the greatest of integrity.
The Assistant Secretary has responsibility for NTIA's work and for
ensuring its proper management and oversight. If confirmed, I will work
to hire and oversee top talent of high integrity with strong executive
capabilities. I expect to work closely with legal counsel and budget
officials at NTIA and the Commerce Department, to ensure grant-making
has appropriate accounting controls in place and is done with the
highest ethical standards. I am also committed to providing regular
updates to Congress on the status of NTIA's work, and to seeking
partnership with Congress in this whole-of-government effort to connect
all Americans.
I have substantial professional experience managing high-performing
teams in high-pressure settings. I have most recently been an executive
at the Mozilla Corporation, leading policy, privacy, and security teams
executing projects essential to the company's success. As Director of
the Open Technology Institute, I had managerial and fundraising
responsibility for a 40-person team of technology builders and policy
advocates. Earlier I started, built, and ran Google's policy team in
Washington and then the Americas, ultimately managing a team of over
60. As Director of Digital Economy at the Commerce Department, I ran
the Secretary's Digital Economy Leadership Team and saw firsthand how
managerial excellence can have impact in government. I have sat on
multiple non-profit boards with fiscal oversight responsibilities. If
confirmed, I believe all of these skills and prior managerial
experiences will serve me well as Assistant Secretary and NTIA
Administrator.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
1. Bridging the Digital Divide--Broadband Internet is a critical
part of everyday American life. As the pandemic has made clear,
people need broadband to work, to learn, and to connect. Yet
too many American households today are being left behind
without affordable, high-speed broadband service. With programs
already funded, and the prospect of additional Federal
infrastructure funding, NTIA will be at the center of a once-
in-a-generation opportunity to close the digital divide,
increase broadband access and adoption, and connect all
Americans. This will be my top priority in the coming years.
2. Ensuring Access to Spectrum--Spectrum use has never been more
critical for both Federal and commercial users. From meeting
the needs of Federal users to supporting the rollout of 5G and
other advanced wireless technologies to realizing the promise
of next generation services and connected devices, NTIA has a
central role to play in a broad coordinated, national approach
to spectrum use and planning, to meet the demand for spectrum
now and in the future.
3. Building a Stronger Internet--For over three decades the Internet
has been a beneficial force providing people with access to
knowledge, connections with community, and new economic
opportunities. But today's Internet faces increasing
challenges. Threats to security, eroding privacy, and
challenges to the openness of the Internet around the world are
among the risks that people face online today. We can do
better. NTIA is positioned to support the Administration and
lawmakers in bolstering cybersecurity, protecting privacy, and
pressing for America's view of a free and open Internet around
the world.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I have a 401(k) retirement account with the Mozilla Corporation.
Mozilla is no longer making contributions to that account. I am
transferring it to an unaffiliated IRA investment account, which should
be completed by December 31, 2021.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain.
None. Policy Ventures, a consulting company of which I am the sole
proprietor, will be inactive during my government service.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. Explain how you will
resolve each potential conflict of interest.
As part of the nomination process, I have consulted with the Office
of Government Ethics and the Designated Agency Ethics Official at the
Department of Commerce to identify any potential conflicts of interest.
Any conflict of interest will be resolved according to the ethics
agreement that I have entered into with the Commerce Department's
Designated Agency Ethics Official and that will be provided to this
Committee.
If an actual or potential conflict of interest arises during my
appointment, I will consult with the Commerce Department's ethics
counsel and take the necessary steps to resolve the conflict.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated. Explain how you will resolve
each potential conflict of interest.
As part of the nomination process, I have consulted with the Office
of Government Ethics and the Designated Agency Ethics Official at the
Department of Commerce to identify any potential conflicts of interest.
Any conflict of interest will be resolved according to the ethics
agreement that I have entered into with the Commerce Department's
Designated Agency Ethics Official and that will be provided to this
Committee.
If an actual or potential conflict arises during my appointment, I
will consult with ethics officials at the Department of Commerce and
take actions necessary to resolve the conflict.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
I am not aware of any other potential conflicts of interest.
If an actual or potential conflict arises during my appointment, I
will consult with ethics officials at the Department of Commerce and
take actions necessary to resolve the conflict.
6. Describe any activity during the past ten years, including the
names of clients represented, in which you have been engaged for the
purpose of directly or indirectly influencing the passage, defeat, or
modification of any legislation or affecting the administration and
execution of law or public policy.
From 2018 to 2020, in my role as Vice President of Global Policy,
Trust, and Security, I have advocated for the Mozilla Corporation.
From 2014 to 2015, in my role as New America Vice President of
Technology, Policy, and Strategy and Director of OTI, I have advocated
for the Open Technology Institute at New America.
From 2005 to 2012, in my roles as Policy Counsel and Director of
Public Policy, I advocated for Google Inc.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group?
No.
If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
Not applicable.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairwoman. Thank you, Mr. Davidson. Mr. Ahmad,
welcome.
STATEMENT OF VIQUAR AHMAD, NOMINEE TO BE ASSISTANT SECRETARY OF
ADMINISTRATION AND CHIEF FINANCIAL OFFICER, DEPARTMENT OF
COMMERCE
Mr. Ahmad. Thank you. Chair Cantwell, Ranking Member
Wicker, and members of the Committee, I am honored and humbled
to be here today as President Biden's nominee for the Assistant
Secretary for Administration and the Chief Financial Officer of
the Department of Commerce. I want to express my gratitude to
President Biden for nominating me to this important role and to
Secretary Raimondo and Deputy Secretary Graves for their
confidence in me. If I am confirmed, it would be an honor to
serve as part of their leadership team. Most importantly, I
want to thank my family, especially my mother. Her boundless
love, support, guidance, and grit made everything possible for
my siblings and me. The love and support of my brothers,
sister, nieces, and nephews has been a constant source of
strength for which I am grateful.
I am also appreciative of the role friends, mentors, and
colleagues have played in my growth. I never imagined that I
would 1 day be here as a Presidential nominee before this
committee. It was never my intent to embark on a career in
Washington, D.C.. Upon graduating, completing my undergraduate
studies at the University of Texas at Austin, the Dean of my
college asked if I would be willing to go to Washington D.C. to
draft and implement the framework for a semester long
experiential program, which eventually led to the creation of
the Bill Archer Fellowship Program. It has proven to be wildly
successful. Since its creation in 2001, over 1,500 talented
young leaders from all backgrounds and walks of life have
participated in this program and prepared for high impact
careers in the public and private sector.
I was deeply honored when former Congressman and then
Chairman of the House Appropriations subcommittee on Labor,
Health, and Human Services and Education, Chairman Ralph
Regula, offered me a role on his staff to advise him on
drafting the subcommittee's appropriations bill. He set an
outstanding example of being open, listening and treating all
constituencies with respect. Chairman Regula and Ranking Member
Obey had a strong friendship which enabled Congress to enact
considerable funding for education, National Institutes of
Health, and workforce improvement programs. I witnessed the
power of amazing relationships and bipartisanship coming
together to deliver for the American people. My two decades of
service in public Administration and financial management
leadership roles in both the legislative and executive branches
of Government has provided me with comprehensive experience in
resource planning, budgeting, internal controls, policy
development, and leading and managing organizational change.
I have been a key contributor in developing policies and
advocating--and allocating resources to successfully address
the demands of our Nation's most critical and rapidly shifting
financial requirements, including funding for natural
disasters, cybersecurity, workforce training, and multibillion
dollar national security acquisitions. The work done by the
talented, committed, and hardworking agency staff in Finance
and Administration is rarely front stage, but it is essential
to operational success. Should I be confirmed, I will lead and
partner with the dedicated public servants at the Department of
Commerce to effectively carry out our work.
My top priority, if confirmed, would be to help the
Secretary, the Deputy Secretary, and other senior leadership to
put forth the best budget to support the Department of
Commerce's strategic needs. Second, I believe we must provide
evidence to Congress, the public, and our agency partners that
we are good stewards of public resources. Finally, if
confirmed, I look forward to the opportunity to ensure our
human resource focus is on recruiting, developing, and
retaining a well-rounded cadre that understands not just how to
do a job, but how varied functional expertise plays into the
overall mission.
I am so profoundly grateful for the opportunities this
country has given me. Public service has been my way of
contributing to the well-being of our Nation, through
strengthening educational opportunities, health care, workforce
investments, and the safety and security of our homeland. If
confirmed, I look forward to advancing our common mission to
build a stronger American economy. Thank you so much for
allowing me to appear before the Committee. I look forward to
your questions.
[The prepared statement and biographical information of Mr.
Ahmad follow:]
Prepared Statement of Viquar Ahmad, Nominee to be Assistant Secretary
for Administration and Chief Financial Officer, Department of Commerce
Chair Cantwell, Ranking Member Wicker, and Members of the
Committee, I am honored and humbled to be here today as President
Biden's nominee for the Assistant Secretary for Administration and
Chief Financial Officer of the Department of Commerce.
I want to express my gratitude to President Biden for nominating me
to this important role, and to Secretary Raimondo and Deputy Secretary
Graves for their confidence in me. If I am confirmed, it would be an
honor to serve as part of their leadership team.
Most importantly, I want to thank my family, especially my mother.
Her boundless love, support, guidance, and grit made everything
possible for my siblings and me. The love and support of my brothers,
sister, nieces, and nephews has been a constant source of strength for
which I am grateful. I am also appreciative of the role friends,
mentors, and colleagues have played in my growth.
I never imagined that I would one day be here, as a Presidential
nominee, before this Committee.
It was never my intent to embark on a career in Washington, D.C.
Upon finishing my undergraduate studies at the University of Texas, the
Dean of my college asked if I would be willing to go to D.C. to draft
and implement a framework for an experiential semester-long learning
program for fellow students. The result of this effort led to the
creation of the Bill Archer Fellowship Program, which has proven wildly
successful. Since 2001, more than 1,500 talented young leaders from all
walks of life and background have participated in this program as they
prepared for high-impact careers in the public and private sector.
I was deeply honored when former Congressman and then-House
Appropriations Subcommittee on Labor, Health and Human Services, and
Education Chairman Ralph Regula offered me a role on his staff to
advise him on drafting that subcommittee's appropriations bill. He set
an outstanding example of being open, listening, and treating all
constituencies with respect. Chairman Regula and Ranking Member Obey
had a strong friendship which enabled Congress to enact legislation
that considerably increased funding for education, National Institutes
of Health, and workforce improvement programs. I witnessed the power of
amazing relationships and bipartisanship coming together to deliver for
the American people.
My two decades of service in public administration and financial
management leadership roles in both the Legislative and Executive
Branches of government have provided me with comprehensive experience
in resource planning, budgeting, internal controls, policy development,
and leading and managing organizational change. I have been a key
contributor in developing policies and allocating resources to
successfully address the demands of our Nation's most critical and
rapidly shifting financial requirements, including funding for natural
disasters, cybersecurity, workforce training, education, bio-medical
research, and multi-billion-dollar national security acquisitions. I
have consistently cultivated and directed teams to integrate process
improvements, utilize structured approaches to solve problems, and
inspire staff to achieve standards of excellence.
The work done by the talented, committed, and hardworking agency
staff in finance and administrative roles is rarely front stage, but it
is essential to operational success. Should I be confirmed, I will lead
and partner with the dedicated public servants at the Department of
Commerce to effectively carry out our work.
My top priority, if confirmed, would be to help the Secretary,
Deputy Secretary, and other senior leadership put forth the best budget
to support the Department of Commerce's strategic needs. Second, I
believe we must provide evidence to Congress, the public, and our other
agency partners that we are good stewards of public resources. Finally,
if confirmed, I look forward to the opportunity to ensure our human
resource focus is on recruiting, developing, and retaining a well-
rounded cadre that understands not just how to do a job, but how varied
functional expertise plays into the overall mission.
I am so profoundly grateful for the opportunities this country has
given me. Public service has been my way of contributing to the well-
being of our Nation through strengthening the educational
opportunities, healthcare, workforce investment, and safety and
security of our homeland. If confirmed, I look forward to advancing our
common mission to build a stronger American economy.
Thank you for allowing me to appear before this Committee. I look
forward to your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Viquar Ahmad.
2. Position to which nominated: Assistant Secretary for
Administration and Chief Financial Officer.
3. Date of Nomination: September 13, 2021.
4. Address (List current place of residence and office addresses):
Residence: Information not provided to the public.
Office: 3140 O'Neill House Office Building, Washington, D.C.
20024
5. Date and Place of Birth: March 17, 1974; Hyderabad, India.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Not applicable.
7. List all college and graduate degrees. Provide year and school
attended.
George Washington University, Master's in Public Administration
(2003)
University of Texas at Austin, Bachelor's degree with honors in
Corporate Communication (1999)
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
All post-undergraduate employment is related to the position for
which I've been nominated. All management-level jobs are indicated
below.
Deputy Chief Financial Officer, U.S. House of Representatives
(Management-Level)
Assistant Budget Director, U.S. Department of Homeland Security
(Management-Level)
Staff Director and Associate Chief Financial Officer,
Corporation for National and Community Service (Management-
Level)
Assistant to the Chairman, U.S. House of Representatives
Director of University Initiatives, The University of Texas
System
9. Attach a copy of your resume.
Please see attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years.
Not applicable.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
I'm a governing member of an LLC (Green Garden Group). This LLC was
created in January 2021 to manage a rental property. The LLC has not
been used for this purpose since its establishment as I am in the
process of selling the property.
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, you do not have to list your
religious affiliation or membership in a religious house of worship or
institution.). Include dates of membership and any positions you have
held with any organization. Please note whether any such club or
organization restricts membership on the basis of sex, race, color,
religion, national origin, age, or disability.
I was on the Board of my DC condominium association (Bryn Mawr
Condominium Association). Membership is not restricted.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt. No.
14. List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities.
I served as a volunteer for President Obama's re-election campaign
in 2012.
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $200 or more for the past ten years.
$250 in 2016 to Hillary Clinton for President.
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
United States Coast Guard Meritorious Public Service Medal
DHS Comptroller's Award for Superior Mission Achievement (team
recognition)
DHS Outstanding Service Award
DHS CFO Outstanding Supervisor Award
DHS CFO Special Act Award
DHS CFO Special Act Award
Harvard University, John F. Kennedy School of Government,
Awarded an Executive Certificate in Public Leadership
Stanford University, Certificate of Completion for the Emerging
CFO: Strategic Financial Leadership Program
Stanford University, Certificate of Completion in Leading
Change and Organizational Renewal
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
Not applicable.
18. List all digital platforms (including social media and other
digital content sites) on which you currently or have formerly operated
an account, regardless of whether or not the account was held in your
name or an alias. Include the name of an ``alias'' or ``handle'' you
have used on each of the named platforms. Indicate whether the account
is active, deleted, or dormant. Include a link to each account if
possible.
Facebook (active) (Viquar Ahmad | Facebook)
LinkedIn (dormant)
19. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
Not applicable.
20. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have served in public administration/financial management
leadership roles in the public sector for more than 20 years. During
this time, I have gained comprehensive experience in resource planning,
budgeting, internal controls for financial administration, policy
development, and leading and managing organizational change.
I have been a key contributor in developing policies and allocating
resources to successfully address the demands of our Nation's most
critical and rapidly shifting financial requirements, including funding
for natural disasters, cybersecurity, workforce training, education,
bio-medical research and multi-billion dollar national security
acquisitions. I have consistently cultivated and directed teams to
integrate process improvements, utilize structured approach to solve
problems, and inspired staff to further standards of excellence.
I wish to serve in this position because my professional
experiences have prepared me well to effectively lead and partner with
the dedicated public servants at the Department of Commerce. If
confirmed, I will work hard to advance our common mission to build a
stronger American economy.
21. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
My responsibilities would include providing leadership to ensure
the appropriate Federal managers under my charge are taking systematic
and proactive measures for establishing and maintaining internal
control to achieve the objectives of effective and efficient
operations, reliable financial reporting, and compliance with
applicable laws and regulations. Identification of needed improvements
and taking prompt corrective actions would take precedence. I have
spent more than a decade in management-level positions while at the
U.S. Department of Homeland Security and at the U.S. House of
Representatives.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
My top priority would be to help the Secretary, Deputy Secretary,
and other senior leadership put forth the best budget to support the
Department of Commerce's strategic needs.
Second, I believe we must provide evidence to our partners,
Congress, and the public that we are good stewards of public resources.
Finally, if confirmed, I look forward to the opportunity to ensure
our human resource focus will be on recruiting, developing, and
retaining a well-rounded cadre that understands not just how to do a
job, but how varied functional expertise plays into the overall
mission.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I have no financial arrangements, deferred compensation agreements,
or continuing dealings with business associates, clients, or customers.
I am enrolled in the Federal Government's Thrift Savings Program (TSP),
which is not required to be disclosed on OGE Form 278, but hold no
other retirement accounts.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain.
Not applicable.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. Explain how you will
resolve each potential conflict of interest.
Any potential conflict of interest will be resolved in accordance
with the terms of my ethics agreement, which was developed in
consultation with ethics officials at the Department of Commerce and
the Office of Government Ethics. I understand that my ethics agreement
has been provided to the Committee. I am not aware of any potential
conflict other than those addressed by my ethics agreement.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated. Explain how you will resolve
each potential conflict of interest.
Any potential conflict of interest will be resolved in accordance
with the terms of my ethics agreement, which was developed in
consultation with ethics officials at the Department of Commerce and
the Office of Government Ethics. I understand that my ethics agreement
has been provided to the Committee. I am not aware of any potential
conflict other than those addressed by my ethics agreement.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
Other than those addressed by my ethics agreement, I am not aware
of any other potential conflict of interest. Any potential conflict of
interest will be resolved in accordance with the terms of my ethics
agreement, which was developed in consultation with ethics officials at
the Department of Commerce and the Office of Government Ethics.
6. Describe any activity during the past ten years, including the
names of clients represented, in which you have been engaged for the
purpose of directly or indirectly influencing the passage, defeat, or
modification of any legislation or affecting the administration and
execution of law or public policy.
Not applicable.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
Not applicable.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain.
Not applicable.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain.
Not applicable.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain.
Not applicable.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain.
Not applicable.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination.
Not applicable.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority?
Yes. Having served in the Legislative Branch, I have tremendous
respect for Congress as an institution and its oversight role. I
recognize the importance of accessibility to the department and, if
confirmed, will work hard to cultivate and maintain a positive and
productive relationship.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairwoman. Thank you very much. Mr. Ahmad, I am going
to start with you since you are going to be in charge of major
new investments in supply chain security and domestic
manufacturing. How will you make sure that those are well spent
and free of political influence?
Mr. Ahmad. Sure. Senator, thank you so much for that
question. If I am confirmed, we will make sure that all of the
funding is spent in accordance with the law. We will provide
expenditure plans and we will make sure that all of the monies
are managed in a cost effective manner.
The Chairwoman. Thank you. One of the issues--you know,
Senator Wicker and I very much believe that broadband is an
important public policy. I think it is safe to say we probably
wouldn't have written the law the way, the infrastructure
package, if Senator Wicker and I were writing it. One of the
issues is this issue of the actual mapping.
And so you represent a panoply of interests here, Mr.
Ahmad, making sure resources are spent, Mr. Kolko, knowing what
census tract means, Mr. Davidson, your role, and obviously Ms.
Sohn at the FCC. I will note that when Chairman Rosenworcel was
here in front of the Committee for her hearing, when I asked
her about the broadband maps, I said, what--how would you
describe them? And she said, well, it reminds me of what
someone else said, they stink.
And so the point is here, Mr. Davidson, it is going to be
hard for me to want to move forward on your nomination if we
don't get confirmation from both you and the Secretary of
Commerce that you understand the digital divide aspect of this.
We have mapping that has been presented to our committee from
the private sector that already shows that 70 percent of the
problem is on affordability, not necessarily on access, in hard
to service areas. We want to do both, but we need to hear that
there is a commitment to having accurate mapping and to
actually have this resource go to that community.
Because if the majority of the people are lacking the
resources, it is not about whether connectivity is just down
the block, it is about what are we going to do about
affordability. So Ms. Sohn, I will start with you and then Mr.
Davidson, if you could address the mapping problem and what you
think needs to be done about it.
Ms. Sohn. So the FCC's maps for many years have been very
inaccurate. They have only measured who has connectivity in a
census block. And if one person or one household could get
connectivity in the census block, then everybody was deemed to
have it. Thanks to Congress and thanks to Senator Wicker and
others on this committee, we now have the Broadband Data Act,
which require a much more granular maps.
I was delighted to hear that the FCC just gave a contract
for the broadband serviceable location fabric, which tells you
where broadband can be deployed. And now we have got to go and
get the information--excuse me, the FCC needs to get the
information from the carriers about where they do deploy.
So look, the infrastructure bill requires the maps be done
before any serious money is given out. So it is going to be--if
I am confirmed, it is going to be a very, very high priority
for me to try to get those maps done quickly.
The Chairwoman. Mr. Davidson.
Mr. Davidson. Chair, thank you for that question. First of
all, I will just say the maps are going to be essential and for
the reason that you said, if we are going to meet the goal of
connecting all Americans, and that means both providing them
with access and also making sure they can afford to get online,
we are going to need to have a good understanding of where we
have service problems.
And this has been, as Ms. Sohn said, a huge, ongoing
problem. And I would associate myself with the comments of
Chair Rosenworcel at her hearing, the maps have been a problem
for years. We have known it. We need to fix it. And we have
this problem where one--you know, one person in a census block
has service and we count everybody that can be thousands of
people can be huge areas, particularly in our rural parts of
America. So I would just say, if confirmed, I would be
committed to working on this.
We absolutely need those maps in order to proceed in the
right way with the funding that we have been given at NTIA, and
I appreciate you raising the question, we have to be looking at
the whole picture here.
The Chairwoman. Well, I am going to follow up for the
record on more detail there because I think what is problematic
about the solution is that it is somewhat lopsided as it
relates to the resources and what really is going to take to
solve the problem. If you are solving for access in some of our
hard to serve areas, I am sure there is enough money.
If you are trying to solve for this issue of digital
divide, I am not sure there is. And so I think it--we don't
want to subsidize expensive broadband. We want a solution that
really will help us deliver affordable broadband. So anyway,
Mr. Kolko, just quickly for the record, I am sure that when it
comes to Census Bureau data, you will work to make sure that it
is most accurate and accessible when needed for policymakers to
solve our problems.
Mr. Kolko. Absolutely.
The Chairwoman. Thank you. Senator Wicker.
Senator Wicker. Well, thank you very much, and I subscribe
to many of the statements that my friend, the Chair just
mentioned. Ms. Sohn, just the map issue is really going to be
your jurisdiction. You have $48.2 billion. Very much needed.
Folks out in the states, particularly in the broad, heartland
of America, are very excited about this. And we have talked
about speed and getting accurate results quickly for a long
time. When we needed vaccines, our military helped us come up
with Operation Warp Speed. What ideas you have about a warp
speed way to get accurate maps?
Ms. Sohn. Thank you, Senator Wicker. I think one of the
things that Chairwoman Rosenworcel is definitely going to be
working on, and if I am confirmed I would like to work on with
her, is getting everybody around the country, the states--a lot
of states have maps already and they are quite accurate. So
getting the states, getting localities, basically crowdsourcing
where broadband is and isn't. So that is really kind of the
third step. So the first step is the fabric, which Chairwoman
Rosenworcel has now secured. The second is getting the
information from the broadband providers. And the third is the
crowdsourcing.
Senator Wicker. Can you give us an idea about how long you
think that is going to take, till we can start bringing
connectivity with this $48.2 billion and other money?
Ms. Sohn. Yes, Senator, I am not sure just because I am not
privy to all the information that the FCC has now, so I don't
think I could give you a timeline. I will just say, as a person
who has said over and over again, you can't make good policy
without good maps, if I am confirmed, that would be one of the
things I would dedicate myself to, and I would hope that the
Chairwoman would task me with working on those maps.
Senator Wicker. OK. Let me switch to price regulation. And
you mentioned in your verbal testimony and in your written
testimony, ``competition markets work best when there is
vigorous competition, policies that promote competition are
always superior to heavy handed behavioral or price
regulation.'' As I am sure you are aware, that has been one of
my concerns with the so-called net neutrality. I don't know of
anybody on this committee or within the sound of my voice,
really that wants blocking and throttling.
We want--I want a light touch regulation, the kind of
regulation that gave the United States a leg up during the
COVID-19 pandemic, when our European friends had shutdowns and
slowdowns, and we really had no problem in that regard, even
though there was a quantum leap in Internet usage and zoom
calls and things like that. We had the investment, in my view
because of the light touch.
And I am--I have been talking about this for a long time
and I am a big boy and I have been around the block and so have
you Ms. Sohn, but you said that I have spread net neutrality
disinfo in saying just what I said. So how was I spreading net
neutrality disinfo? Do you recall that remark?
Ms. Sohn. Yes, well, it was a tweet, and it was during the
consideration of the Save the Internet Act. And I believe what
I was referring to was the question about whether broadband
investment went down during the time where there was titled to
net neutrality and whether it went up after the repeal. That is
what I was referring to. I do disagree. I actually think that
Title II and actually the evidence shows that Title II and net
neutrality had no impact on investment.
And if you look at SEC filings and even the words of the
broadband providers themselves, they will--they have actually
said entitled Title II really had no impact on investment. But
I agree with you generally that light touch is better. But what
I am concerned about now and with the repeal in 2017 of the net
neutrality rules and the reclassification of broadband is that
we have no touch. And the net neutrality debate, which I have
been doing now for 20 years, really is more about whether there
is going to be oversight. Chairwoman Rosenworcel said this 2
weeks ago.
It is really much broader than the no blocking and the
throttling. It is about whether broadband, which we all agree
is an essential service, should have some Government oversight.
And right now, it doesn't have any.
Senator Wicker. What went wrong during the 4-years of
Chairman Pai under the repeal of basically the Title II part of
net neutrality?
Ms. Sohn. Yes. So what went wrong wasn't so much again
about the blocking and the throttling, although there was one
study from Northeastern University that showed that mobile
providers at all times of day were blocking and throttling
traffic--were throttling traffic, excuse me, regardless of the
reason. But for the most part, that wasn't the problem. The
problem, again, was lack of oversight.
So if you indulge me, I would like to give just two
examples. The first was in 2018, when firefighters were
fighting then the largest fire in California, the Mendocino
Complex Fire, and their broadband provider was throttling back
their broadband. There was no place the firefighters could go
to get relief. They actually were arguing with them for 7
months until finally they struck a deal to pay I think it was
double the money.
So there was no--they had no recourse, right. They couldn't
go to the FCC because the FCC didn't have authority. The FTC
didn't have authority, either. So it was more a matter of who
is going to protect competition, who is going to protect public
safety.
Senator Wicker. Can you and I agree that that particular
example could be addressed without Title II rate regulation
authority. Can we agree to that?
Ms. Sohn. Without rate regulation, absolutely.
Senator Wicker. And I know I have gone beyond, as the Chair
did in her questioning, but I will get back at another time.
Thank you, Madam Chair.
The Chairwoman. Thank you, Senator Wicker.
Senator Blumenthal.
STATEMENT OF HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. Thanks, Madam Chair. Thank you all for
being here. Thanks for your public service. Ms. Sohn, I
appreciated your comments about protecting competition and
localism in journalism. I agree with you on the Sinclair
Tribune merger. Fortunately, eventually, Chairman Pai agreed
with us, as did other news outlets, including many of the
conservative media. There should be nothing partisan about
protecting localism and competition journalism, and I
appreciated your comments about that goal being of heightened
importance, I think, in the pandemic particularly so.
Can you tell us a little bit more about how specifically
you would protect and enhance local journalism? Chair, Senator
Cantwell is leading a bill, the Local Journalism Sustainability
Act. I am a strong supporter of it. One example, just one
example of what we could do. Maybe you have some thoughts.
Ms. Sohn. Thank you, Senator. I want to say first that, you
know, local broadcasting really is vital to the lifeblood of
every community. I mean, they alone among communications
platforms are dedicating--dedicated to serving local
communities with emergency alerts, with local news, with local
journalism so I think it is critically important. I would like
to see--well, first of all, I also support Chairwoman
Cantwell's bill and the payroll tax credit. I think that is
great. That is obviously not within the jurisdiction of the
FCC, but I would like to see the FCC have more opportunities
for diverse viewpoints.
You know, there is a broadcast incubator program that was
started, I believe, in 2018 and 2019, and its intent is to help
more minorities get access to radio. And I think it would be
great to expand that--number one, I guess I would like to see
how it is working, if I am confirmed, but I don't see any
reason why not to expand it to television. I think we need more
opportunities for voices that are not normally heard to
actually be heard on broadcasting, because that still is the
place where people get again, local news and information.
Senator Blumenthal. I am a very faithful listener to radio
since I spend a good deal of my life in the car bouncing around
the State of Connecticut. We don't travel by plane as some of
my colleagues do, but by car, and I would join you in seeking
to strengthen those local voices. I think they are very
important. Let me ask you, and I am going to have some
questions for the record on robocalls, you know, about the
proposed rule that Chairman Rosenworcel circulated last month,
and I hope that you will be a supporter of efforts on
robocalls. But Senator Blackburn and I, with the support of
Chairwoman Senator Cantwell, have been having a number of
hearings in recent weeks about the revelations of harms by big
tech, a number of the platforms, to children and teens.
Also on the issue of privacy, we will be hearing from
Instagram's CEO next week. I would also note that in October,
the FTC issued a very disturbing report regarding the negative
consumer impacts of the repeal of the FCC's broadband privacy
rules. I am sure you are familiar with them. There are deep
problems, I don't need tell anyone on this panel, either on
your side or ours, with both big tech and big cable's
violations of consumer privacy, and we need rules for both. A
number of us have been working on various bills. So I would
like to give you and Mr. Davidson an opportunity to comment on
the importance of this privacy crisis and what Congress ought
to be doing, what you can do through the FCC and the NTIA.
Ms. Sohn. Yes. Thank you, Senator. Privacy is sacred,
privacy of personal information. And when your personal
information is abused, it can have economic impacts, it can
have social impacts, and even have physical impacts. So I have
been a huge supporter of Congress passing a comprehensive
consumer privacy bill. And if I am confirmed, I would love to
work with you and anybody else on this dais on doing that. But
the implications of not protecting privacy, whether it be on
big tech platforms or over ISPs are enormous and the harms have
already been shown.
One of the things that were in the FTC's report--was in the
FTC's report was it was shown that bounty hunters were getting
some of the information, right. And sometimes bounty hunters
find people that should be found, but a lot of times they find
people that shouldn't be found. So it could actually result in
physical harm. So I would love to see Congress move forward.
And, you know, if the FCC has the opportunity, which would take
some time, I think that would be interesting as well.
Senator Blumenthal. Thank you. Mr. Davidson.
Mr. Davidson. Just quickly. First of all, thank you for the
question. You know, not a week goes by that there isn't some
new revelation about how Americans are finding out that their
private data is being used in ways that are harmful or
unexpected. And we need to do better in that area. I know you
have been a leader in this space for a long time. The most
important thing that we can do is passing a comprehensive
privacy bill for the United States. I know this is something
that this committee has been actively working on. And if
confirmed, I would do everything that I can to bring NTIA's
resources to bear to support that effort, so thank you.
Senator Blumenthal. Thank you. Thanks, Madam Chair.
The Chairwoman. Senator Blunt.
STATEMENT OF HON. ROY BLUNT,
U.S. SENATOR FROM MISSOURI
Senator Blunt. Thank you, Chair. Mr. Ahmad, I am afraid I
am not going to have any questions for you, and you may not get
many today, but I did want to tell you how much I appreciate
your mentioning Ralph Regula, who I got to serve with him in
the House. He was a great leader of that committee that you
worked on and you were a great part of that team, and I am glad
you are willing to serve in this job.
Mr. Ahmad. Thank you.
Senator Blunt. Ms. Sohn, talking about local news, local
radio, let's talk about--let's talk about Locast a little bit.
You were on that board. Locast built its business model on
streaming local television to the internet, generally without
obtaining the consent of the broadcast TV station or the
copyright holders. There was a lawsuit--you went on that Board
actually after the lawsuit started. And at this point, I think
in August, there was a determination that Locast agreed to a
settlement. So no appeal here. $32 million settlement. Do you
want to talk about that, your decision to go on the Board, and
if this impacts your dealings with the very same local
broadcasters that sued the company that you were on the Board
of? And I only have 5 minutes, so we can talk about this a lot,
but be as brief as you can in clearing this up for me.
Ms. Sohn. Sure, Senator Blunt. So Locast was a nonprofit
service that provided local broadcast signals through streaming
to folks who couldn't get them and it relied on a copyright
exemption. OK, this was a case of first oppression. It relied
on an exemption for nonprofits. I thought it was a good thing
both for local broadcasters, and local broadcasters didn't sue,
the networks sued. I also thought it was good for viewers. And
these were viewers, for example, in orphan counties who maybe
couldn't get certain programing. There were a lot of low income
folks that also use the service. So I thought this was, from a
public interest, pro-consumer perspective I thought this was
good----
Senator Blunt. But the judge didn't agree?
Ms. Sohn. Well no, what the judge said, and let me be
specific about this, what the judge said was Locast was not
entitled to the exemption. So it was literally within days of
that decision coming down, we shut Locast down and it is in the
process of selling its assets and you know probably will no
longer exist by the end----
Senator Blunt. And you don't think this will have any
impact on your dealing with local broadcasters in any way?
Ms. Sohn. I do not believe it will. Like I said, I revere
local broadcasting. I think it is very important. I would like
if I am confirmed, I would really like to sit down with them,
explain what I did, and get from them ideas about how I can
help local broadcasting be more competitive, more resilient,
and more diverse.
Senator Blunt. And the networks that you say are the ones
that sued Locast, you have no problem with them either?
Ms. Sohn. I don't have any problem with them. I mean, just,
you know, I have no hard feelings. And it wouldn't bias me in
any way. I take very seriously allegations of bias. And I have
been working very closely with the Office of Government Ethics
to make sure that, you know, I have no conflicts and I have no,
you know, predetermined biases. No, but just because they sued
Locast, no that wouldn't bias my decisions. And as a
policymaker, if I am confirmed, I have to set my biases--even
if I had a bias, I have to set those aside, look at the
totality of the record, look at the law, confer with my
colleagues, confer with staff, confer with all of you, and make
a decision.
Senator Blunt. So I have got a list of comments here about
Fox News. Are you biased against them?
Ms. Sohn. So that--you referring to my tweets that are now
pretty famous. I understand they are concerning to some. And
anyone who knows me knows I am pretty direct. But they were
made in my role as a public interest advocate. They were made
in the context, and I think context is very important--context
of hearings, hearings and media reports. You know, maybe the
tone was a little sharper. Maybe I should have dulled it a
little bit, but again, it was part of my job essentially as a
public interest advocate.
Senator Blunt. And do you think they are the only news
agency that is State sponsored propaganda?
Ms. Sohn. Let me----
Senator Blunt. That is your quote, by the way.
Ms. Sohn. Yes, I know it is my quote. Yes. I just wanted to
complete my thought. My opinions as a public interest advocate
will have no bearing on how I behave as a policymaker, if I am
confirmed. You know, I have been in Government before and the
values that are important to being a policymaker,
responsiveness, transparency, integrity, that is what you will
get from me if I am confirmed. So yes, I said some things may
be too sharp, but they will have absolutely no determination in
how I would rule on a proceeding with any of those companies.
Senator Blunt. Well, I wish I had more time Chair, but I
don't so.
The Chairwoman. Thank you, Senator Blunt. Senator
Blumenthal--I am sorry, Senator Schatz. Sorry, Senator Schatz.
STATEMENT OF HON. BRIAN SCHATZ,
U.S. SENATOR FROM HAWAII
Senator Schatz. Thank you very much, Chair Cantwell. Mr.
Davidson, I know you appreciate the unique connectivity
challenges that Hawaii faces because we are the most isolated,
populated place on the planet. I need your commitment and the
staff's commitment to work with me and my office to meet
Hawaii's broadband needs.
And you may know that the context is that the negotiations
around the bipartisan infrastructure bill were unnecessarily
contentious around definitions because people couldn't picture
in their mind's eye the difference between terrestrial
infrastructure and connecting the 50th state, which happens to
be an island chain. And so do I have your commitment to work on
these issues, including the equitable treatment of the 50th
state?
Mr. Davidson. Thank you, Senator. You absolutely have my
commitment on that, and I appreciate from our conversation how
important this is to Hawaii and to making sure that we fulfill
this promise to connect everyone in America. And the beauty of
the program that has been put forward in the IAJA is that every
state will have its own plan. And I look forward to working
with you to make sure we get the right plan for your state.
Senator Schatz. Thank you. One more question for you, Mr.
Davidson, the Tribal Broadband Connectivity Fund. As the Chair
of the Indian Affairs committee, I have heard directly from
Native American leaders about the disproportionate impact that
COVID-19 has had on their communities. But we did provide
historic levels of relief funds that continue to be deployed to
tribal Governments in the Native Hawaiian community. Will you
commit to consulting and coordinating with Native Hawaiians,
Native Americans, and Alaska Native communities on the
deployment of these NTIA funds?
Mr. Davidson. I absolutely will commit to that.
Senator Schatz. Thank you very much. Ms. Sohn, nice to see
you. Earlier this year, I, with other members of this
committee, led a letter to the CEOs of AT&T, Verizon, and T-
Mobile asking for commitment to protect consumers before the
carriers shut down 3G networks. Do you share our concerns about
a 3G shutdown? And I know you are excellent at summarizing. So
could you please summarize the problem for consumers and what
you could do about it as a Commissioner?
Ms. Sohn. Sure, Senator Schatz. So basically, the carriers
want to stop their 2G and 3G and in some cases 4G
transmissions, their mobile transmissions because they want to
move to 5G. Which is important. We want that. And it is going
to be a transformative technology. We want that to happen.
However, there are still, I believe it is 13 to 17 percent of
Americans still rely on 2G or 3G.
So shutting it down too soon without some sort of
mitigation will leave a lot of people without the ability to
call an ambulance, to call their family, or you know, or to do
anything just about. So this seems to me to be a problem that
can be resolved through some negotiation. There is a petition
pending before the FCC right now, before that was submitted by
the alarm industry, because that is another thing, alarms will
stop working. So there are serious public safety implications
about shutting down 2G and 3G too quickly.
Senator Schatz. Yes, I would just observe that this is so
potentially catastrophic and so fixable that I--that my worry
is that everybody assumes it is going to get fixed because it
would be preposterous to leave millions of Americans without
the basic connectivity that their lives depend on. And yet,
here we are without a solution, so I am hoping we can work
together upon confirmation.
Ms. Sohn. Absolutely. Look, this is where I think my
collaborative skills in my negotiation skills, if I am
confirmed, could really come into play because this seems to me
to be an issue that can be resolved with a little bit of play.
Senator Schatz. Thank you. Final question to Mr. Kolko. The
American Community Survey is the primary source of data on the
Nation's changing socioeconomic and demographic
characteristics. Do I have your commitment to work with me to
address the challenges facing ACS, including what additional
resources may be necessary?
Mr. Kolko. Yes, Senator, I commit to work with you on
improving the resources and working on the challenges to the
ACS.
Senator Schatz. Thank you. Thank you, Chair.
The Chairwoman. Thank you, Senator Schatz. And I just want
to thank you for your leadership on these important issues. All
states aren't the same, and I think that it is too bad again
that the infrastructure bill didn't accommodate and recognize
the uniqueness of Hawaii in these issues. And this isn't the
first time that this has gone on.
So I think people are just--the jig is up on broadband.
Like we are not going to keep doing the same thing. We are not
going to tolerate, like we are going to get back to you. We are
not going to tolerate--we are we are going to get the accuracy
and we are going to come up with a plan even for places like
Alaska and Hawaii that are hard to serve. OK, Senator Fisher.
STATEMENT OF HON. DEB FISCHER,
U.S. SENATOR FROM NEBRASKA
Senator Fischer. Thank you, Madam Chair. And thank you to
each of our nominees for being here today. Ms. Sohn, I noticed
you tweeted that FCC subsidies can be helpful in, ``forcing
companies to compete.'' You have also said that ``whenever you
hear anybody complain about overbuilding on broadband networks,
translate that to competition.'' Would you stand by those
statements, yes or no?
Ms. Sohn. I would stand by those statements, although I do
support what is in the IAJA, the notion that the money should
go first to building where there is nothing, on unserved areas,
and then and only then should underserved areas be served. So I
was a big supporter of the IAJA. I worked on it with several
offices here, and so I did tweet those things prior, but I
liked the framework that is in the IAJA right now.
Senator Fischer. Thank you for clarifying that. I
appreciate that. After Congress passed the bipartisan
infrastructure bill, the Commerce Secretary Raimondo talked
about transparency and oversight that were needed for State
broadband proposals, and she said, we need to make sure that
the money isn't used in overbuilding, so I am glad that you
agree with her. Mr. Davison, in our conversation when we met
earlier, you also spoke about the redundancy of overbuilding,
and I would ask you if you would confirm that to us here at the
hearing.
Mr. Davidson. I confirm that I certainly support Secretary
Raimondo's comments on this.
Senator Fischer. OK, thank you very much. Ms. Sohn, you
often tie the competition conversation to municipal broadband,
and I previously expressed concerns to former FCC Chairman Tom
Wheeler about the Commission's actions on municipal broadband
because it undermines State laws. You were his Counsel at that
time. Did you advise him on that order?
Ms. Sohn. I probably did. I don't really have a specific
recollection, but I think it is important to note that right
now the FCC can do nothing about municipal broadband. As you
know, we did try to preempt the State laws of North Carolina
and in Tennessee that prohibited either new builds of municipal
broadband or extensions of already built networks and the Sixth
Circuit said that we did not have the authority. So if I am
confirmed, there is not a whole lot I could do about municipal
broadband.
Senator Fischer. Given the court's reversal of that
preemption order, do you regret pursuing that?
Ms. Sohn. No, Senator Fischer. I have supported municipal
broadband for a very long time. It is actually---I mean things
are kind of changing now. It is not so much cities and towns
providing their own service. What you are now seeing is middle
mile being built and commercial entities, they are called open
access networks. They have them in Utah, they have them in
North Carolina, and a lot of places, where you--where basically
the municipality, the city, the town builds the middle mile and
then they invite commercial broadband providers to come and
provide service. And that really results in enormous
competition.
Senator Fischer. So do you believe that the FCC should be
able to dictate to states what their broadband policy should
be? Should the FCC preempt State law?
Ms. Sohn. So the FCC does not have the authority to preempt
State law. And I actually think--look, over the last three or 4
years, I have been working a lot with the states to try to get
them sort of ready for what Mr. Davidson is about to give them
in terms of money. I think the FCC needs to have a better
relationship with the states. And if I am confirmed one of the
things, I would ask the Chairwoman if I could be a liaison to
the states because I have really formed very good relationships
with them. And I actually agree with you, I think in the past
we haven't made--we haven't outreached to the states and made
them partners. We have been more adversarial, so----
Senator Fischer. There is a committee within the FCC, am I
correct in this, that--it is a committee that brings the states
together. And it is my understanding from some members of our
public service Commission in the State of Nebraska that this
committee, even though it is there, it doesn't meet, it doesn't
do anything. Would you be interested in looking into that and
possibly from your comments, you know, and working with states
here to be able to have that communication in a more formalized
manner through this committee?
Ms. Sohn. I assume you are talking about the Joint State
Board on Universal Service. Absolutely. I mean, I was Chairman
Wheeler's liaison to the Intergovernmental Advisory Committee,
and I worked with them very well. Made a lot of friends,
including some friends, just Republican friends who just signed
a letter on my behalf. So I would be delighted to do that. If
Chairwoman Rosenworcel were to--if I was confirmed and she
wanted to appoint me to the Joint Board, I would be honored.
Senator Fischer. Nebraska is one of the few states after
the 1996 law that did form their own State Universal Service
Fund and was very proactive on that, and it works well. But, so
that is why I do have concerns about some of your comments on
preempting State laws to be forthright with you.
Ms. Sohn. Fair enough.
Senator Fischer. Thank you.
Ms. Sohn. Happy to clarify them.
Senator Fischer. Thank you.
The Chairwoman. Senator Klobuchar.
STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA
Senator Klobuchar. Thank you very much, Madam Chair.
Congratulations to all of you. Ms. Sohn--I will lead with
actually Mr. Davidson, because you mentioned a nice Segway of
his job, which will be overseeing the distribution of the State
broadband grants, billions of dollars, and all of us on both
sides of the aisle have had frustrations in our states where
money has gone out, from the states, from the Federal
Government, and it doesn't get done.
It is one of the reasons and I have talked to Secretary
Raimondo about this, there is a clawback provision in there
that would allow us to take back funds. Could you talk about
the number one question I got when I was talking to people who
were very excited about these grants, including yesterday with
the President in Minnesota, is what is your plans to getting
the distribution of the funding going?
Mr. Davidson. Well, thank you, Senator Klobuchar. And I
will just say that this is incredibly important an historic
opportunity for us to connect everybody, as you have mentioned.
We have a twin imperative to get the money out that we have
been given quickly and to get it out carefully. I think the
plan there, first and foremost, is going to be working with the
states.
We need partners in the states, and I think there is a lot
that NTIA can do to help build capacity in the states to be
able to have a partner to work with. We can provide technical
assistance. We have been given funding from Congress. And I
think that will be a top priority in getting this moving.
Senator Klobuchar. Exactly. And I think everyone, you are
going to start hearing about timetables and what is happening.
We are very excited about this, and you are going to be in a
key role. And I hope we get you confirmed immediately because
of that, as well as the other nominees. Ms. Sohn, I start by
just putting on the record, Madam Chair, if I could submit a
letter from the Consumer Technology Association in support of
Ms. Sohn.
The Chairwoman. Yes, without objection.
[The information referred to follows:]
Consumer Technology Association
Arlington, VA, November 30, 2021
Hon. Maria Cantwell,
Chair,
Senate Committee on Commerce, Science, and Transportation.
Hon. Roger Wicker,
Ranking Member,
Senate Committee on Commerce, Science, and Transportation.
Re: Nomination of Gigi Sohn for Commissioner, Federal Communications
Commission
Dear Chair Cantwell and Ranking Member Wicker:
I write to strongly support the nomination of Gigi Sohn to serve as
Commissioner of the Federal Communications Commission (FCC) and urge
the Senate Committee on Commerce, Science, and Transportation to move
her nomination forward expeditiously.
Ms. Sohn is extraordinarily qualified for this position. Her record
reflects a long and distinguished career in technology, media and
telecommunications policy as a consumer advocate, public servant and
academic. In addition, she is widely recognized for her commitment to
principle over partisanship and is deeply respected by industry, civil
society groups, Republicans and Democrats.
More, Ms. Sohn has always been a strong defender of free speech and
an advocate of robust, substantive debate. Our First Amendment is
nonpartisan and has been respected by Republican and Democratic FCC
commissioners alike. Ms. Sohn has an extensive record of writing and
speaking in defense of free speech and as FCC Commissioner would uphold
free expression by those with different views.
The FCC's work has never been more important for preserving a
strong economy and strengthening America's global leadership. Until Ms.
Sohn is confirmed, the absence of a full Commission will continue to
hold the agency back from addressing the Nation's most pressing
communications policy issues. Ms. Sohn is a pragmatic, data-driven
problem solver who understands what it takes to drive the future of
work, education and ongoing innovation. Based on more than two decades
of knowing Ms. Sohn, I am confident she will ask the critical questions
and truly listen to the answers, regardless of whether they are
consistent with her personal priorities.
Ms. Sohn has the qualifications of an FCC nominee that every
Senator should be pleased and proud to confirm. I encourage you to do
so.
Sincerely,
Gary Shapiro,
President and CEO,
Consumer Technology Association.
cc: Members of the Senate Committee on Commerce, Science, and
Transportation
Senator Klobuchar. OK, very good. So Ms. Sohn, you were
just talking about your work with states, and you have also
worked on a variety of issues. Of course, some of this will
come up, broadband competition, innovation. Can you talk about
how you have worked with colleagues on the opposite side of the
aisle on these types of issues?
Ms. Sohn. Yes, Senator. So let me give an example from net
neutrality, because that is an issue that obviously keeps
coming up. And I think it is really important, obviously. I am
a supporter. But in 20--I believe it was in 2012--no, excuse
me, it was 2010. We were waiting for the FCC to act on net
neutrality, and it was taking a very, very long time. So I was
asked along with some other public interest groups, to consider
a legislative compromise. And this was led by Congressman
Waxman and there were some Republican offices involved as well.
The ISPs were supportive, and the bill was not perfect, but
Public Knowledge, the organization that I ran at the time,
decided to support it.
And the night before the news was going to get out that we
were supporting this, I called my public interest colleagues
and told them, we are going to do this, we know you are not
going to be happy about it, but this is what we are going to
do. And a lot of them were not happy about it. I think some of
them were still unhappy about it to this day, but I think it
was a demonstration of pragmatism, willingness to work with
folks that you don't necessarily agree with, and the desire to
get something done.
Like nothing was happening. The FCC was frozen for whatever
reason, and we got something done and actually caused the FCC
to finally move. So I am about making progress. I am not
interested in standing on ceremony, you know, standing on my
laurels. I want to get stuff done and we have a great
opportunity here.
Senator Klobuchar. Exactly. So as you look at what we can
get done, just two things I will follow up on here. One is, and
I know you have talked a lot about broadband, and we have a lot
of members here with significant rural areas on both sides of
the aisle. Could you talk about how you would work with rural
providers in areas where they might not have any broadband
right now or more likely, very, very low speed broadband?
Ms. Sohn. So the IAJA specifically says that the FCC has to
provide technical assistance. It requires NTIA to work with the
FCC. And since NTIA is only 150 people, I think we can really
help them provide technical assistance.
And the NTIA, in turn, has to provide technical assistance
to the states and the carriers that get money from the states.
So I see it as sort of like a virtuous relationship, and I hope
that we will get the opportunity, I know we will get the
opportunity to make sure that these unserved areas are served
and that rural providers who need help--I mean, it is a
complicated process, this like multi-grant process, and that we
can provide them the assistance they need.
Senator Klobuchar. One last question. You and I talked
about how I chaired that 9-1-1 caucus, and we have still work
to be done on upgrading our 9-1-1 systems. Could you very, very
briefly talk about how you think we could modernize these
systems? And I know I will ask you in writing, Mr. Davidson.
Ms. Sohn. I think what is most important, Senator
Klobuchar, is that we don't have a digital divide in NG 9-1-1,
and we have to have the resources to make sure that people in
rural areas or people in low income areas also have NG 9-1-1,
not just people in rich areas. So I worry about that NG 9-1-1
divide as well.
Senator Klobuchar. OK, very good. Thank you very much. I
will ask you, Mr. Ahmad, you, Mr. Kolko, questions on the
record. I really appreciate your willingness to serve.
The Chairwoman. Thank you, Senator Klobuchar. Senator
Moran.
STATEMENT OF HON. JERRY MORAN,
U.S. SENATOR FROM KANSAS
Senator Moran. Chairman, thank you very much. I never know
whether those who don't get asked questions are pleased by that
or feel left out.
[Laughter.]
Senator Moran. Consider it a compliment, I think. I
appreciate all of your willingness to serve, if confirmed, and
I am grateful I serve on this committee. I am also an
appropriator for the Department of Commerce and appropriator
for the FCC, and I look forward to working with you and in both
those capacities. Mr. Davidson, I want to start with you. As I
indicated, we, Senator Shaheen chairs and I am the ranking
Republican on the Committee that appropriates for NTIA.
I need your commitment that you will work with us on NTIA's
budget and funding issues. I assume that is the case. I don't
think you have a choice. And that when it comes to spending the
dollars that Congress provided, I wasn't a part of the original
group of 11 Republican Senators who participated in the
infrastructure bipartisan plan, I am very interested in having
the opportunity, in conjunction with Senator Shaheen, to have
conversations with you on NTIA's implementation and execution.
Mr. Davidson. Senator, you absolutely have my commitment
and I look forward to talking to you more about that.
Senator Moran. I would welcome that. Ms. Sohn, you have
impressed me this morning. I appreciate your intelligence and
experience. I remember the days--I am always griping that there
are not Kansans in charge of the FCC. But I also remember the
days of what I considered a lot of difficulties at the FCC, in
which members did not seem, in my view, to communicate with
each other, and there was just a challenge there in getting
along. I assume you would remember what I am talking about and
would indicate to me that you would work hard to avoid that
circumstance.
Ms. Sohn. Senator Moran, I absolutely would. And I must
also say that when I was at the FCC, I always reached out to my
Republican colleagues. I mean, you know, I didn't just have,
you know, lunch with the Commissioners, although I was in Ajit
Pai's Fantasy Football League twice. So it is really important
to me. To me, these things are not personal, policy
differences. So yes, I will do that.
Senator Moran. I appreciate your answer to Senator Blunt's
question. I too was concerned about--I am a supporter and
advocate for local journalism, local broadcast journalism, in
particular that the FCC would have jurisdiction over, and I
wanted to make certain that what you said was the truth in
regard to no hard feelings, no bias, no consequences to that
lawsuit. And you confirmed that, and I appreciate that you did.
We have allocated, the Congress has allocated lots of money to
new broadband deployment programs, many different agencies.
And there is some thought that the Universal Service Fund,
what is its role now? We have had conversations, I visited with
Chairwoman Rosenworcel yesterday, and the question that I
raised with her is one I would raise with you, what role does
USF play--I mean, we have talked about trying to expand where
its revenues come from or to reform USF fund, but with all the
money that Congress is granting to deploy broadband, what now
with the USF?
Ms. Sohn. That is a great question, and what is great about
that question is that the IAJA answers it, because it requires
the FCC, I think within 30 days of the President signing the
bill, to start a proceeding to look at how all the money, the
$65 billion in the IAJA, how that will impact Universal Service
Fund. And I think that is really, really important. And then
they have to submit a report within 9 months that lays out
options for whatever needs--whatever might be left. I mean, it
is entirely possible, and again, I don't want to prejudge, but
it is entirely possible that after all this money is spent, you
don't need as big a high cost fund, right, or lifeline is
different.
Again, I don't want to prejudge it, but I think that that
process, that provision is so important because you don't just
throw $65 billion at broadband and then just say, well, here is
Universal Service over here. So I look forward, if I am
confirmed, to participating in that proceeding because I think
that is going to be super important.
Senator Moran. Your answer reminds me of the importance I
would suggest to you and assume that, you know, and same with
Mr. Davidson, in the coordination, we have asked for a
commitment from the FCC when your fellow Commissioners were
here that we are going to coordinate and would include rural
development or USDA and others to make certain that we do this
in a smart way. Mr. Davidson, Congress set some important
guidelines in the Infrastructure Investment and Jobs Act
related to broadband deployment, defining underserved areas. I
am sorry, unserved areas.
The goal, of course, is to prevent overbuilding of existing
networks. I am an advocate for that view for a long time. I
have seen the consequences where we have spent money, which in
my view was not the place it should be spent. We have placed
restrictions on particularly the USDA manners. Those
restrictions were somewhat loosened, contrary to my desire, in
that bipartisan infrastructure bill.
But I want to hear from you that you will do everything you
can to ensure that the intent of Congress in going--in
providing those resources to unserved areas is where the money
will go.
Mr. Davidson. Senator, I appreciate that question. I think
the statute is actually quite clear. It lays out a framework.
Unserved is first, and you have my commitment, if confirmed, to
follow that framework faithfully.
Senator Moran. Can you explain, Mr. Davidson--I don't, my
clock is not here, so chairman, use your gavel, but use it
sparingly, please. Can you explain what NTIA's role in data
privacy is? You indicated, I think, in your testimony that the
FTC, ``FTC is to set rules on unfair data collection and
surveillance practices that may damage consumer privacy.'' In
your written testimony, you mentioned the importance of NTIA
helping to build a better internet, including efforts when it
comes to protecting privacy. What are you telling us?
Mr. Davidson. Well, Senator, certainly A, privacy is
extremely important. B, I do believe that NTIA does have a
statutory role, both as advisor to the President on
telecommunications and private--and information policy, and
also spelled out in places in the various statutes are giving
around NTIA. And then finally, I would just say NTIA has a
history here already of providing over recent in recent years
analysis and support of stakeholder listening sessions, as
recently announced. And so I think there is work that we can do
with the policy expertise that exists at NTIA to support the
Administration and Congress in its deliberations around
privacy.
The Chairwoman. Senator Markey. Thank you, Senator Moran.
Senator Moran. Thank you, Chairman.
STATEMENT OF HON. EDWARD MARKEY,
U.S. SENATOR FROM MASSACHUSETTS
Senator Markey. Oh, thank you, Madam Chair. Ms. Sohn, in
2015 the FCC approved the open Internet order, which put in
place net neutrality protections and properly treated broadband
as a telecommunications service under Title II of the
Communications Act. The Trump era FCC later eviscerated net
neutrality and eliminated the Commission's rightful authority
to protect broadband users, promote public safety, and close
the digital divide. Yet, the ongoing pandemic has left no doubt
today broadband is an essential utility.
Now, more than ever, Americans need net neutrality. Now
more than ever Americans need a Commission with authority to
oversee broadband. Ms. Sohn, do you believe that the FCC has
the authority it needs to reinstate net neutrality and to
restore a classification of broadband as a Title II service, as
Chairwoman Rosenworcel recently stated in front of this
committee?
Ms. Sohn. Yes, Senator Markey, I agree with Chairwoman
Rosenworcel that the FCC has authority.
Senator Markey. Thank you. And it is going to be very
difficult for us, obviously, to pass legislation which I have
been trying to move since my days in the House and over here in
the Senate. So I do think it is very important for us to have
three Commissioners that do support the notion that the FCC has
that authority to act. The coronavirus pandemic has also
highlighted the homework gap that exists across our country. We
know the 12 to 17 million children in America were without the
Internet throughout the course of this pandemic.
I was successful in creating the Emergency Connectivity
Fund, which is now providing $7 billion in eRate home
connectivity funding. To date, the FCC has allocated $6 billion
in--has received more than $6 billion in funding and has
awarded $3 billion in grants thus far. The program, to put it
simply, has led to 10 million students receiving devices and
having the Internet at home, which they need.
Unfortunately, the Emergency Connectivity Fund will soon
run dry without additional funds. Ms. Sohn, do you agree that
we should provide additional funding to the Emergency
Connectivity Fund in the Build Back Better Act?
Ms. Sohn. Yes, Senator Markey, absolutely. And
congratulations, by the way, on the first emergency
connectivity fund.
Senator Markey. Yes, this is a crisis that we are in and
the new variant is only going to further exacerbate this
problem and we just have to be realistic about what is
happening to second, third, fourth graders all across the
country who do not have access. And do you think we need a
permanent solution to this problem, given what we have learned
during this pandemic?
Ms. Sohn. Yes, Senator Markey. One thing that I would like
to see the FCC do and would support if I am confirmed would be
a reinterpretation of the eRate law to permit funding to go to
homes, right. So my daughter's in back of me for a year and a
half. Her classroom, which is what the law talks about being
funded, right connectivity to the classroom, was her bedroom.
Sometimes it was a dining room table, but it was usually the
bedroom. So the FCC, in my opinion, has the authority to
reinterpret the law and I believe would be upheld by the courts
to say that the classroom is pretty much almost anywhere, but
it certainly is in the home.
Senator Markey. Yes, thank you. And I agree with you 100
percent. We just have to have a policy in our country that
realizes that this is essential for children. My father drove a
truck with a hood milk company, but I could compete against the
school superintendents' daughter or son of my hometown, because
I could take my books home. If you can't take your books home,
you are not going to be competing. And that is what the
Internet represents here today. So we thank you, Ms. Sohn, for
your historic contributions to telecommunications policy thus
far.
You are an expert, and we need experts in this field, so
thank you for your service. And Mr. Davidson, Ms. Sohn was
talking about the need to have essentially Darwinian paranoia
inducing competition in order to avoid regulation, but we know
that competition falls short. And as a result, rural America,
poor America, they haven't really received all the benefits of
broadband, which is what your job is going to be.
So on the question of municipal broadband projects, as you
implement the $42 billion deployment program, what is your goal
in terms of making sure that municipal broadband gets the--
municipal utilities get the resources that they need in order
to provide services?
Mr. Davidson. Senator, thank you for the question. I will
just say, obviously this is an incredibly important moment for
us to be making sure that we are reaching everyone, and we
are--I think we really need an all of the above approach to how
we are going to connect, particularly in rural America.
Municipal broadband has played a big role in some places, and I
think that the statute the IAJA makes it quite clear that we
believe that municipal broadband can be, and for some states
will be an important part of our----
Senator Markey. Will you commit to helping those
municipal----
Mr. Davidson. I commit to helping those municipal--
municipalities do that and bringing the resources of NTIA.
Senator Markey. And finally, we have a report from
scientists who project that sea level rise will submerge more
than 4,000 miles of fiber optic cables during the next 15
years. Will you commit to working, you know, to make sure that
funding goes to make sure that the effects of climate change do
not have devastating impacts in terms of access to broadband?
Mr. Davidson. Resilience is an incredibly important value,
I think, in implementing that IAJA, particularly the middle
mile program that NTIA will be working on and I think can help
address the resilience issues that come up with broadband,
particularly in the face of climate change.
Senator Markey. Thank you. And again, we are trying to
operate in an acronym free zone, so IAJA is just another word
of saying the infrastructure bill that just passed for anyone
who is wondering what are we talking about.
Mr. Davidson. Thank you, Senator.
The Chairwoman. Thank you.
Senator Markey. Thank you, Madam Chair.
The Chairwoman. Thank you, Senator Markey. I think we have
Senator Blackburn, followed by Senator Peters then Senator
Sullivan.
STATEMENT OF HON. MARSHA BLACKBURN,
U.S. SENATOR FROM TENNESSEE
Senator Blackburn. Thank you, Madam Chairman. Mr. Davidson,
very quickly. One of the things when I was in the House, I have
said many times we need to have an inventory of spectrum that
is held by Federal agencies. And while Congress supported doing
this, we have Federal agencies that have opposed this. But we
need to know what spectrum is in what hands, what they are
using those bands for, and then we need to recoup spectrum that
is lying fallow. This is NTIA's jurisdiction. Will you commit
to working with us to get this done?
Mr. Davidson. Senator, I commit to working with you to get
that done.
Senator Blackburn. We appreciate that, and I see Ms. Sohn
over there kind of chuckling because she has heard me talk
about this for years and the need for getting this done. And
Ms. Sohn, let me come to you. Let me ask you for a ``yes or
no'' on some questions. Has the Pai Administration's decision
to repeal the Wheeler Title II rules in any way stopped the FCC
from executing its broadband deployment efforts, yes or no?
Ms. Sohn. It has not, but it rests on a very thin----
Senator Blackburn. Yes or no----
Ms. Sohn. I am sorry, no. The answer is no.
Senator Blackburn. Alright, no, that is correct. It has not
impeded. That is correct. You have said you support a title to
regime plus forbearance from various FCC regulations, what the
FCC did in 2015. Senator Markey just referenced that. So is
that forbearance worth anything? Can't future FCC just un-
forbear and impose more rules on the internet?
Ms. Sohn. Senator, indeed----
Senator Blackburn. No----
Ms. Sohn. Sorry about that, yes, they could.
Senator Blackburn. That is right. Alright, do you support
broadband rate regulation?
Ms. Sohn. No.
Senator Blackburn. OK.
Ms. Sohn. That was an easy one.
Senator Blackburn. Well, good because in times past you
have supported rate regulation if my memory is correct. Would
more regulation of the Internet help encourage investment in
broadband networks?
Ms. Sohn. No, I don't believe--well, when you say Internet
regulation, are you talking about the broadband providers?
Senator Blackburn. I am talking about the providers,
regulation of the internet, Government control of the internet.
Are you going to get more private investment to continue
expanding these networks or are you going to get less?
Ms. Sohn. I believe it has no impact.
Senator Blackburn. I would say you are wrong about that
because look at what has happened by networks being able to get
out there and expand broadband. There are a lot of counties in
Tennessee, our 95 counties, where they have partnered up with
State grants, they have partnered up with Federal grants, they
partnered up with Ilex and Clex, and electric power co-ops. And
we have very rural counties that are close to having fiber
across the entire county. So it has an impact. A private sector
approach works. OK, the infrastructure bill that was recently
signed into law funnels money to underserved areas, which means
overbuilding existing networks and ignoring rural areas for
cities. Do you believe this will close the digital divide?
Ms. Sohn. I support the framework that unserved must be
served first, OK, and then and only then after the states prove
to the NTIA that unserved, the unserved first, then you can
spend money on the underserved.
Senator Blackburn. Yes, because one of the downfalls of the
Obama era was the overbuilding of networks, of existing
networks in cities and the rural areas were left behind. They
did not get that money, and that is why we have as much
disparity as we have existing right now, and we need to be
encouraging that investment into these networks.
OK, when you worked for Tom Wheeler, you led the FCC's
efforts to put broadband privacy rules into place, rules that
Congress later struck down as an overreach of the FCC
authority. And you recently said that there is no real
oversight of broadband carriers going on. So do you believe the
FTC has in some way fallen down on its job as a consumer
privacy agency?
Ms. Sohn. I don't believe so, but I have to admit I haven't
followed what the FTC has been doing very much lately.
Senator Blackburn. Well, they are the privacy regulator,
and as we have debated for many years very vigorously, this is
their jurisdiction, this is not the FCC's jurisdiction, and we
need one regulator, one set of rules for the entire Internet
ecosystem. OK, if the FCC were to reclassify broadband as a
Title II service again, would you support the FCC once again
attempting to enact broadband privacy rules?
Ms. Sohn. I would prefer if Congress passed a comprehensive
consumer privacy bill. And I know Senator Blackburn, you have
been a leader in that regard. If the chairwoman undertook such
a proceeding, I obviously would participate in it and obviously
she would have to be classified first. But I would prefer to
see Congress settle the matter with a comprehensive consumer
privacy bill. And I have been very, very clear on that.
Senator Blackburn. OK, thank you. You were on the Board of
Directors for Locast, a streaming service that shut down, right
about the time you were nominated for pirating content. Locast
was shut down for pirating content. Despite your talk about
valuing content, it seems like you are not being consistent in
your value of protecting intellectual property of creators. And
as you know, retransmission is an issue that has been debated,
and I know we are going to continue this conversation about
protecting content that is there, but my time has expired.
Madam Chairman, thank you.
The Chairwoman. Thank you. Thank you very much. Senator
Peters. And by the way, happy birthday, Senator Peters.
STATEMENT OF HON. GARY PETERS,
U.S. SENATOR FROM MICHIGAN
Senator Peters. Thank you. Thank you.
The Chairwoman. You are not going to get a song for me.
Senator Peters. Oh, I was looking forward to that so much.
[Laughter.]
The Chairwoman.--but hope you have a wonderful day.
Senator Peters. Well, thank you, Madam Chairman. And thank
you for recognizing me. And to each of our nominees,
congratulations on your nomination and thank you for your
willingness to serve in these positions. Ms. Sohn, Michigan has
as an urban, rural broadband problem that certainly can't be
addressed by one size fits all, and that is not unique to
Michigan by any means. That is basically the situation all
across the country. That is why I co-sponsored the Broadband
Infrastructure Financing Innovation Act, which supports public,
private partnerships that work to connect families and
communities.
Right, one of the outstanding examples in my state is
Northern Michigan University Educational Access Network that
provides broadband connections to all the homes nearby. So I
would like you to talk a little bit about local partnerships,
how important they are in your mind. Should we continue to
focus on this? And if so, what do you recommend that we do to
make sure these partnerships continue to provide these very
vital services?
Ms. Sohn. Thank you, Senator Peters. Look, I think
localities are critical inputs to getting the digital divide
closed. And again, the broadband infrastructure bill, I will
use Senator Markey's term, requires states to bring localities
into the conversation. They can't just spend the money without
talking to local officials, and I think that needs to continue.
I think that is very, very important. I have dealt with an
awful lot of mayors that care deeply about this issue, and I
think we need to continue to support their efforts to get
broadband to their communities.
Senator Peters. As Chairman of Homeland Security in
Government Affairs committee, protecting critical
infrastructure is one of my primary jobs, and critical
infrastructure is currently--certainly telecommunication
networks, protecting them from cyber-attacks. We have
compromised components that are out there. And then natural
disasters that hit and wipe out these services.
This year, the Communications, Security, Reliability and
Interoperability Council has made, I think, important steps to
coordinate between the FCC and the Department of Homeland
Security, but by allowing the Department of Homeland Security
to co-chair for the first time. So certainly think that is long
overdue and I appreciate that. But Ms. Sohn, how can DHS and
FCC better coordinate to improve the security of these networks
to create increased resiliency and in particular, disaster
recovery?
Ms. Sohn. Senator, that is a great question. I can't say I
have thought about it a whole lot, although I am delighted to
hear about the joint work of DHS and says CSRIA. Actually, my
wife works at DHS, so that is a good thing. I do think maybe
perhaps what could happen is what we have with the FCC and the
FCC Chair and the Administrator, NTIA are required to meet
twice a year.
So maybe we could have something similar with the Secretary
of DHS and Chairwoman Rosenworcel be required to meet at least
twice a year to try to flesh out how we can work together. I am
really happy to hear this because I know that Chairman, former
Chairman Wheeler really wanted to have the FCC more involved in
cybersecurity, particularly now when you are seeing all these
hacks is so critically important. But DHS obviously has the
primary role, so I would like to see some sort of movement to
work together on a more regular basis.
Senator Peters. Well, I appreciate that. And if confirmed,
I would certainly like to work with you and have this
conversation as to how we bring these agencies working
together. We just, we are passing some significant cyber
protection legislation, which will hopefully be an NDAA that is
before us.
But the key thing that we are focused on is the fact that
we have these silos in Federal Government. Folks are just not
talking to each other. This is a system wide problem because a
lot of big organizations. But when it comes to cyber, we have
got to be coordinated. And when it comes to resiliency and
natural disasters, we have got to be coordinated. So love to
work with you on that.
Ms. Sohn. Absolutely.
Senator Peters. There is also a widespread recognition that
in 1978 to 1995, the tech certificate policy was by far one of
the most effective vehicles for advancing minority broadcast
ownership. And in its 17 years of operation, the policy
quintupled, quintupled minority broadcast ownership. And other
desirable tax initiative tailored for small businesses would
provide a company donating a station to a training institution,
that they would receive a tax credit equal to that station's
value.
My question for you is under your leadership, would the
Commission request Congress to restore and improve the tax
certificate policy and create a tax credit for donating a
station to a training institution? Is that something you would
be supportive of?
Ms. Sohn. It is something I am strongly supportive of. I
was a huge supporter of the old minority tax certificate. I was
very disappointed when it got repealed. I would obviously have
to talk to the Chairwoman about, you know, what the FCC could
do to support that. But I personally am extremely supportive.
Senator Peters. Right. Well, thank you very much. Thank
you, Madam Chair.
The Chairwoman. Senator Sullivan.
STATEMENT OF HON. DAN SULLIVAN,
U.S. SENATOR FROM ALASKA
Senator Sullivan. Thank you, Madam Chair. Mr. Davidson,
thank you for our discussion the other day. I really
appreciated it and appreciated your statement just on the
statute that the rural, unserved communities are going to be
first in the infrastructure bill. My state has a lot of those.
So can I just get a couple of commitments to follow on our good
meeting the other day to come up to Alaska to truly prioritize
unserved first, which is what the statute says, and to take
advantage of this opportunity with the FCC, USDA, and other
agencies that are really focused on this moment of trying to
wire our country, certainly my state, which has the least
amount of broadband connectivity in each state in the country?
Mr. Davidson. Senator, I would welcome the opportunity to
see firsthand the challenges that you are facing and in Alaska,
and you have my commitment to do that .
Senator Sullivan. Yes, and commitments on those other
things?
Mr. Davidson. Absolutely.
Senator Sullivan. Ms. Sohn, I wanted to talk on a number of
issues with you, but first, there has been some concern in this
committee where the Administration has put forward a nominee
for something then after the hearing and everything, oh, by the
way, that person is going to be chair. The FTC is obviously the
big example that we didn't know that, at least I didn't know
that. Have you had any discussions with the Biden
Administration about being elevated to Chairman over
Commissioner Rosenworcel?
Ms. Sohn. No.
Senator Sullivan. OK, good. Look I am going to be--I have
noticed, again, it seems like one of the ways you get nominated
for a position in this Administration is you have some really
good nasty tweets against Republicans. It is the way you get
nominated. I can't--I mean, geez, the numbers are going through
the roof. But you kind of take the case on this with regard to
tweets that I find not only very troubling, I can go through
the whole list, but maybe I will just submit them for the
record. You know, Republicans are racists. The usual BS. I
notice you have purged your account. Did you do that for a
reason?
Ms. Sohn. I am sorry, sir. I did not. I did not--my account
is still up there. Trust me, people are picking at it. So it is
definitely still up there.
Senator Sullivan. Well look I--this is actually a really
serious issue with regard to your nomination, and here is the
reason. We are not just nominating you, you know, for any
normal Assistant Secretary. The FCC has enormous power, and it
has enormous power in America, particularly as it relates to
free speech, particularly as it relates to liberty in our
country. And let me just give you a couple--Fox News has had
the most negative impact on our democracy. It is State
sponsored propaganda. That is one of your tweets, one of your
many tweets. So how is Fox News State sponsored propaganda?
And is MSNBC State sponsored propaganda too? This goes
directly to the power you are going to have. This is not some
kind of random tweet. Millions of Americans watch that news
station. I happen to. I don't think it is State sponsored
propaganda. For God's sake, we needed a conservative viewpoint
in America media, which obviously you don't like. So talk to me
about State sponsored propaganda.
Ms. Sohn. Yes, Senator, before I explain the tweet, I would
like to explain the context. And also I would also like to
remind folks that among my supporters are the two most----
Senator Sullivan. Now, you know, I--you know how this
committee works. I am going to be respectful, but I need to
interrupt, because I don't have a lot of time. Just address the
tweet. I don't need the context. I want you to hear about your
supporters.
You are going to be in charge of regulating news agencies
like Fox News and you are calling them State sponsored
propaganda. How can you do that as an honest broker when you
have already put out--you also called that Sinclair broadcast,
whether--you called for the FCC to investigate whether their
call to qualify to be a broadcast licensee at all. You are
clearly indicating your bias against more conservative news
sources.
And yet you are now up for confirmation of one of the most
powerful positions in America on free speech. I think that
disqualifies you completely. But talk to me about Fox News as
State sponsored terrorism, how they have had, ``the most
negative impact on our democracy.'' And then why is an MSNBC
State sponsor of terror--I didn't say terrorism--I didn't mean
terrorism, I meant propaganda.
Ms. Sohn. Yes, Senator, I was tweeting during a hearing on
Section 230 and where the point was being made that big tech
companies were, you know, the most harmful to our democracy.
Senator Sullivan. How is this--again, how is Fox News State
sponsored propaganda and how has it had, ``the most negative
impact on our democracy?'' These are your words----
Ms. Sohn. Those--exactly that was as a public interest
advocate, as part of my job, those were my words, those were my
opinions. But they will have no bearing on how I would act, if
I am confirmed, as an FCC Commissioner.
Senator Sullivan. What about questioning the broadcast
license--that would be your job of Sinclair broadcasting. I
mean, are you going to recuse yourself on anything relating to
Fox News or Sinclair broadcasting?
Ms. Sohn. So let me talk about Sinclair broadcasting.
Senator Sullivan. Actually, I think it is a good question I
just asked you. Are you going to recuse yourself, if confirmed?
Ms. Sohn. Senator, I am talking with the office. I have
signed an ethics agreement with the Office of Government
Ethics. If there is any question about my bias, I will consult
with them and see if I need to recuse.
Senator Sullivan. Well, I think these tweets are clearly
evidence of bias.
Ms. Sohn. Senator, I respectfully disagree.
Senator Sullivan. Really?
Ms. Sohn. Because again, these were made--first of all, let
me just step back on Sinclair, because I think it is really
important to understand what I actually said. What I said was
and again, I was agreeing with Chairman Pai, who set the
transaction for a hearing because Sinclair, they alleged, the
FCC, the Pai FCC alleged that Sinclair was not honest about its
ownership of certain stations. So the hearing designation order
was looking at Sinclair's dishonesty. Not--it had nothing to do
with whether it was conservative or liberal.
Senator Sullivan. But Fox News, what is your point--and
Madam Chair, I am sorry, I know I have gone over my time.
The Chairwoman. We are--I have been a little liberal today
because we have so many members and witness this, but we are--
--
Senator Sullivan. Yes. I will wait for another round or
submit questions for the record. But these are very, very
legitimate questions and are serious.
The Chairwoman. I definitely want to get members questions
then. Senator Baldwin.
STATEMENT OF HON. TAMMY BALDWIN,
U.S. SENATOR FROM WISCONSIN
Senator Baldwin. Thank you, Madam Chair. Mr. Kolko, the
Commerce Department was one of several agencies that was
involved in producing a report on supply chain disruptions. It
was released in June of this year.
The report was required as part of President Biden's
Executive Order on America's supply chains from February of
this year. When identifying the drivers of supply chain
vulnerability, the report found that, and I quote, ``a focus on
maximizing short term capital returns has led to the private
sector's underinvestment in the long term resilience.'' For
example, for--that was end quote.
Now, for example, firms in the S&P 500 index distributed 91
percent of net income to shareholders either by stock buybacks
or dividends between the 10 year period of 2009 to 2018. And
certainly, this means a declining share of corporate income is
going into research and development or new facilities or
equipment or resilient production processes.
Mr. Kolko, as Undersecretary of Commerce for Economic
Affairs, you will have a key role in directing support for
business, as well as the economic analysis that guides that
support. So do you concur with the findings of the report on
the connection between shareholder payouts and underinvestment?
Mr. Kolko. Thank you, Senator. One of the most striking
effects on the economy of the pandemic has absolutely been some
of the supply chain bottlenecks that we have seen. We have seen
this both because of shifts in consumer demand and consumer
spending from services to goods, as well as ways in which the
pandemic has interrupted key parts of the supply chain.
Some of these roots are deep and predate the pandemic, of
course, but the pandemic has really brought a lot of these
concerns to the fore. If confirmed, I commit to working with
the Committee and the Department above all to help bring the
best data analysis possible to understand both the underlying
drivers of the supply chain concerns and to track what our
progress is.
Senator Baldwin. So I recognize that in the past couple of
years we have seen exacerbation of some of the supply chain
issues. But this really is saying that one of the key drivers
is long term practice of--this is going to be, long term
practice on the short term--short term profits.
So in that period 2009 to 2018, we are saying 91 percent of
corporate returns has been applied to dividends or stock
buybacks. And that leaves much less for the enterprise. Do you
think that is a big driver right now of our supply chain? Do
you agree with this report? And if so, given that the Commerce
Department has identified a clear link here to--between supply
chain vulnerability and the focus on short term returns, how
would you support addressing that?
Mr. Kolko. I do think there are many causes. Again, some
both long term and many linked to the pandemic behind the
supply chain issues that we are having now. I would look
forward to incorporating all these questions, looking into both
questions about profits, as well as all of these other factors
that have affected the supply chain and work with you in the
Committee.
Senator Baldwin. Mr. Ahmad, I have worked diligently with
our Chairwoman on this committee and her staff to include
funding in the Build Back Better Act to address vulnerable
supply chains, and that would include, we hope, providing
grants, loans, and loan guarantees to U.S. manufacturers. This
is in addition to funding increases that the Commerce
Department proposed in USICA, which obviously has not gone
through the whole system yet. If confirmed, you may be
responsible for a large budget with relatively broad authority
to shore up our supply chain.
So I have the same question for you, given that the
Commerce Department has identified a clear link between our
supply chain vulnerability and the focus on short term returns,
how would you and what would you support, including moving
forward in terms of restrictions on shareholder distributions
as a condition of supply chain assistance?
Mr. Ahmad. Thank you, Senator. Thank you for that question.
I understand the issue. And I know how important this funding
is to both national and economic security of our Nation, and I
am not fully well-versed on the programs and how we would want
to roll those out. But if confirmed, I will commit that we will
work with you and your staff on our plans for the programs and
making sure that the money gets out there in a timely manner
and addresses the issues for which the funding has been
provided.
Senator Baldwin. Thank you.
The Chairwoman. Thank you. Our time has expired. I just
want to be clear, I think the order we are going to go here is
Senator Young, who is going to join us on video, then Senator
Hickenlooper and then Senator Lee. So, Senator Young.
STATEMENT OF HON. TODD YOUNG,
U.S. SENATOR FROM INDIANA
Senator Young. Thank you, Madam Chairwoman. Mr. Davidson,
when negotiating the bipartisan infrastructure framework, one
of the final sticking points was whether or not NTIA or FCC
would oversee the $42.5 billion State broadband program. Now,
candidly, as I discussed with you in our meeting, I believe it
should have been the FCC and I fought against the NTIA
implementing this record breaking tens of billions of broadband
dollars. With that said, that didn't win the day for a number
of reasons, and if confirmed, you will be the one overseeing
and administering this important program.
That is how legislating works sometimes, and I am confident
that you understand the weight of this responsibility and have
the best of intentions. However intention and effort on
metrics, as you know, and we need to be able to measure the
effective use of taxpayer dollars. So can you just very briefly
because I have a number of questions. In a few sentences, tell
me what you will do to ensure that this massive taxpayer
investment will be a success in closing the digital divide?
Mr. Davidson. Senator, thank you for the question, and I
appreciate our conversation yesterday where we had a chance to
talk about it too. And I will just say I think the challenge is
quite clear. We have been given a great deal of money, but at
the same time the mission is huge.
A couple of things that I think we can do very quickly,
NTIA will need a capacity surge. Congress has, I think, wisely
included funding in there to make sure that we can build out
the management resources, the outreach resources, the
technology that we will need to be able to be good partners
with states.
I would also just say we--I have been told that, you know,
we really have the full resources of the Department and
Secretary Raimondo has made this a big priority and I am
confident that we will get support there as well.
Senator Young. Thank you, sir. I have several yes or no
questions here. There is no gotchas. If you could just respond
affirmatively or negatively, will you commit to focus the
broadband money on unserved areas first as required by the law?
Yes or no, sir.
Mr. Davidson. Yes.
Senator Young. Will you commit to working with the FCC
utilizing their maps, coordinating on their broadband programs
to avoid duplication, and utilizing their expertise when it
comes to a challenge process as required by the law? Yes or no,
sir.
Mr. Davidson. Yes.
Senator Young. Will commit to being responsive to this
committee as we conduct thorough oversight of this program to
ensure it is not a failure like previous NTIA broadband
programs? Yes or no, sir.
Mr. Davidson. Yes, I would look forward to that.
Senator Young. And Mr. Davidson, it was also very important
to me that the Broadband State Grant Program was written as a
tech neutral program, whether it is fiber, cable, satellite,
mobile, fixed wireless, including mobile and fixed wireless
that deploy leveraging open Oran--open ran technology.
They all have roles to play in reaching Americans and
vastly different topographies. In order to achieve universal
connectivity, we must close ourselves off from cost effective
technology that will help us accomplish this goal. So yes or
no, will you embrace this tech neutral stance when implementing
the Broadband State Grant Program to help bridge the digital
divide, sir?
Mr. Davidson. Yes, I believe we need an all of the above
approach.
Senator Young. OK, thank you. Mr. Davidson, how important
is it that Congress pass the U.S. Innovation and Competition
Act to jumpstart NTIA's effort to improve American
competitiveness in international standards setting bodies and
counter China's efforts in these areas?
Mr. Davidson. Senator, I will just say, beyond NTIA, I
think it is important across the Government for that bill to
pass. And while it is not an NTIA specific bill, I do think it
will have tremendous impacts on our goals to promote American
competitiveness, American jobs, counter some of the threats
that we are seeing overseas. So I would be--I would welcome the
chance to support that.
Senator Young. Thank you, sir. And speaking of China,
yesterday, we discussed your goal of developing a national
spectrum strategy. Can you discuss how you would bring your
private sector mentality to this effort?
Mr. Davidson. Thank you, Senator. As we discussed, I do
believe in a national spectrum strategy is incredibly important
if we are going to fulfill NTIA's goals, and actually, I think
the goals across the Federal Government of both making sure we
are meeting the needs of Federal users, as well as continuing
to have, maintain American leadership in wireless to be able to
meet the commercial needs of users.
My hope would be that we could--and Secretary Raimondo, I
should say, has also supported the idea of a national spectrum
plan. I think my starting point would be to really reach out to
all of the stakeholders, both within the Federal Government but
also within an industry, and look not just what the needs are
today, but we need to be understanding what tech--what we
expect from technology in the future, where we think that the
future spectrum needs will be. If you look--if you would asked
me 10 years ago which spectrum we would be fighting over, it is
not the spectrum that we are talking about now.
There has been tremendous technology--technological
developments. I think there will be in the coming decade. We
need to skate to where the puck is going, not to where the puck
is right now. And that is what I would hope for in a spectrum
plan.
The Chairwoman. Thank you. Senator Hickenlooper.
STATEMENT OF HON. JOHN HICKENLOOPER,
U.S. SENATOR FROM COLORADO
Senator Hickenlooper. Yes. Thank you, Madam Chair.
Continuing that conversation, Mr. Davidson, as the NTIA is
responsible for managing the spectrum usage, as we discussed
yesterday, and obviously there have been various disagreements
between Federal agencies and various stakeholders over spectrum
use, the GAO suggests that the NTIA and FCC update the 2003
Memorandum of Understanding regarding spectrum coordination.
Are you willing to commit to updating the MOU and make spectrum
use efficient? It is just a different way of saying what you
have already answered.
Mr. Davidson. Yes, yes I would. And I was encouraged to see
that Chairwoman Rosenworcel spoke positively of that as well in
her hearing.
Senator Hickenlooper. Absolutely. And as you know, and we
discussed Colorado's home to NTIA's Institute of
Telecommunications Sciences, and as 5G networks are expanding
and new open ran and 6G technologies are already in development
and in some cases underway, how do we utilize or how will you
utilize ITS to advance the maturity of the next generation
technologies?
Mr. Davidson. I think there is two really important
elements to this. One is, I think, my hope would be to pursue
an evidence based approach to how we think about spectrum and
the questions about how about spectrum usage and conflicts over
spectrum uses. ITS has a key role to play there. I think, as I
was saying before about the national spectrum plan, we also
need to be thinking about future uses and where technology is
headed. And that is a second place that I think ITS can be a
real leader for us. So I think it is an extremely important
resource for the country.
Senator Hickenlooper. Absolutely. And I am--very hard to
sometimes see that puck because of how fast it is moving, but
you are exactly right. We have got to get out ahead of it. Ms.
Sohn, the Universal Service Fund, the contribution factor has
climbed due to the rather serious shrinking of the contribution
base. The USF contribution base has declined from nearly $80
billion in 2001 to nearly $30 billion in 2021. And I think USF
really remains the key for expanding communications service at
acceptable speeds to all Americans. What does the future of the
USF program look like in your view on how you would approach
this?
Ms. Sohn. Yes, thanks, Senator Hickenlooper. So the good
news is, and at the risk of repeating myself, is that the
broadband, the bipartisan infrastructure bill addresses this by
requiring the FCC to do a study, 30 days after the signing of
the bill, on the impact of the $65 billion on Universal Service
and then come back within 9 months with recommendations for how
to proceed. I agree with you 100 percent that Universal Service
contribution mechanism is broken. That Universal Service is
important. But I also think it is critically important to make
sure we know what the impact of all this money is on the fund
before we decide what the solution should be.
Senator Hickenlooper. Well, but again, just take the puck
metaphor even further.
Ms. Sohn. I am a big hockey fan, so it is good.
Senator Hickenlooper. I think, again, even as you are doing
that and worrying on that--about that $65 billion, you have
also got to look longer term and say, what is the long term
integrity of USF? How are we going to get there?
Ms. Sohn. Yes. Look, I think that reforming the
contribution mechanism is critical. And whether it is Congress,
who does it or FCC who does it, I am quite agnostic, but it
needs to be taken care of and I think all options should be on
the table.
Senator Hickenlooper. Great, perfect. Mr. Kolko, global
supply chains obviously devastated by COVID-19 and the
pandemic, the recovery is in fits and starts, clearly ongoing.
The Office of Economic Affairs publishes key data on economic
trends across various sectors affected by the supply chain
interruptions. If you are confirmed, how do you position the
Office of Economic Affairs to accelerate that supply chain
recovery?
Mr. Kolko. Thank you, Senator, I think that the--both the
Census Bureau and the Bureau of Economic Analysis has done a
really extraordinary job during the pandemic and around the
supply chain crisis to provide data that especially helps
understand some of the underlying drivers of that crisis.
Some data series that people didn't pay as much attention
to in the past have become front and center in understanding
shifts of consumer spending. And I think identifying those,
highlighting those, and also innovating by creating higher
frequency statistics to understand some of the supply chain
dynamics, many of which unfold very quickly.
Senator Hickenlooper. Right. OK, good. Well, thank you. I
will yield back my time. Thank you all for your service. You
put impressive group of people.
The Chairwoman. Thank you. Senator Lee, then followed by
Senator Rosen, who is remote, then Senator Capito and Senator
Lujan.
STATEMENT OF HON. MIKE LEE,
U.S. SENATOR FROM UTAH
Senator Lee. Thank you, Madam Chair. Ms. Sohn, I would like
to start with you if that is all right. Should net neutrality
requirements include, or should the FCC generally regulate the
rates charged by--for broadband services?
Ms. Sohn. No, sir.
Senator Lee. OK. And what about minimum or basic tier
broadband plans like those included in the infrastructure bill,
required by the infrastructure bill? Should the FCC require
these affordable basic tier plans?
Ms. Sohn. I know of no proposal to do so, and it is in the
infrastructure bill, so I don't think it would come before the
FCC.
Senator Lee. Yes. To determine the basic tier plans
required by the infrastructure bill, you would have to look at
price in order to figure that out. And it is not possible to
support a price threshold in a minimum tier broadband plan and
then simultaneously say that you are not you are not for
broadband rate regulation. That is in fact what that is, isn't
it? Is there a distinction? Did I miss anything between those?
And if so, what is the distinction?
Ms. Sohn. Yes, I would have to think more about that. This,
obviously, is something that the FCC would not decide. This is
more on Mr. Davidson's wheelhouse, but I am not--it is not 100
clear to me that that affordability requirement necessitates
the NTIA saying the price must be x. It is not--that is not
clear to me from the law that that is required.
Senator Lee. Yes. There has been a lot of discussion about
the best way to build out our broadband access and at the same
time also instill competition within broadband, within the
industry and among providers. One suggestion has been to have
more Government ownership and/or Government operation of
broadband networks. Where do you land on that issue? Is it--is
broadband access in both rural and in urban areas, is it better
achieved through private sector ownership and operation or
through Government ownership and operation, whether at the
State, local, or Federal level?
Ms. Sohn. Senator, thanks for that. My position has long
been that communities should have a choice. I am not going to
say that one is better than the other. In some places, for
example in Utah, Utopia is a very, very successful middle mile
open access network. Now, the towns and cities do not provide
last mile service because they are actually prohibited from
doing so. But it is extraordinarily successful. In other
places, it hasn't worked at all. So I wouldn't put my thumb on
the scale that one is better than the other. I just think that
communities should have a choice.
Senator Lee. There are many in Utah, including myself, who
would beg to differ with your characterization on that front.
But what about a federally owned 5G network?
Ms. Sohn. Oh, I am opposed to that. That was proposed by
the last Administration. That is not something I would support.
Senator Lee. OK, so why draw a distinction between the
Federal Government's ownership of broadband and State, local or
municipal ownership of broadband?
Ms. Sohn. That is a good question, I haven't actually
really thought much about that. I probably would have to get
back to you in the QFRs on that.
Senator Lee. Let's talk about the digital divide for a
minute. What is the digital divide, what does that mean?,
Ms. Sohn. To me, the digital divide means. I mean, it means
a lot of things, but it means that there are households in the
United States, both in rural, urban, and tribal areas that
either do not have broadband because there is no network
available to them, they cannot afford broadband just because,
you know, they don't have the means or the prices are too high,
or they don't have the skills to use it.
Senator Lee. OK, yes, yes, I get where you are going. I
want to zero in on something a little bit more narrow. The
bipartisan infrastructure package that just passed seeks to
deploy broadband with speeds of 100 up and 20 down in order to
close the digital divide. In doing that, taking that into
account and also just your own views on the matter, help me
understand what technological capabilities we are wanting to
make sure all Americans have? Is it e-commerce? Is it
entertainment? Is it video gaming? Is it access to a virtual
reality experience for entertainment purposes or otherwise?
What is it?
Ms. Sohn. Well, I think it is all of the above and
certainly is telehealth. That is a huge, huge application.
Precision farming is another application that I think is
critically important. So I, you know, look----
Senator Lee. What if we end up in a future circumstance
where if all currently unserved and underserved areas are able
to achieve 100 up to 20 down or let's even say, symmetrical
speeds of 100, will the digital divide then be closed and
closed for good? And is there--ever a point at which the
Federal Government will have funded enough technological
capability that we have adequately shrunk or eliminated that
such that we could shrink or eliminate Federal subsidies on
that?
Ms. Sohn. Yes. So again, mere deployment won't necessarily
close the digital divide, and I think that is really important.
And I do think, and I have urged that Congress adopt a
permanent broadband subsidy like the affordable connectivity
program, which is more money but is not permanent. You still
will always have the adoption problem as well, where people
don't have the digital literacy, sometimes not even the
literacy, literacy to be able to use the internet.
Senator Lee. My time has expired. I just want to be clear,
though what if you had symmetrical speeds of 100? Does that do
it? Does that close it?
Ms. Sohn. No.
Senator Lee. At what point are they closed then?
Ms. Sohn. Well, again, you will always have. You will
always have folks who can't afford it who are going to need a
subsidy. If you are just talking about deployment, OK, and when
are we done with deployment? I would hope that after this money
is spent, we could----
Senator Lee. As far as speed goes, taking--setting aside
the issue of cost, as far as speed goes, that would do it.
Ms. Sohn. Well, the bill does prefer scalable networks, OK,
to meet the needs of tomorrow. What we what we really don't
want, I would think, or I would not want is to come back in 5
or 10 years and say, oh my goodness, we spent all this money
and we still have slow networks and we still have areas in the
country that are not served. So I think the scale, the ability
to scale whatever the speed is today, the ability to have
technologies that can grow over time, I think, is very, very
important and that is one of the reasons the bill prefers those
kind of technologies also----
The Chairwoman.--move on to other witnesses. I mean, other
members who need to get their questions in. So, Senator Rosen.
STATEMENT OF HON. JACKY ROSEN,
U.S. SENATOR FROM NEVADA
Senator Rosen. Thank you, Madam Chair, and of course,
Ranking Member Wicker for holding this really important
nomination hearing today. And thank you to all the nominees for
your willingness to serve. I would like to speak a little bit
about middle mile infrastructure as we are all talking about
broadband deployment because obviously last month, the
President signed a historic, transformative, bipartisan
infrastructure bill that we know includes $65 billion for
closing the digital divide, almost all of it through NTIA.
I am proud to have been part of the group of 22 Senators
that offered significant sections of the Broadband Deployment
Program, including the $42.5 billion in State broadband grants
and the Middle Mile Broadband Deployment Act legislation that
establishes a $1 billion middle mile infrastructure program. As
a former computer scientist, Mr. Davidson, you understand the
Internet architecture and the importance of middle mile
infrastructure as a crucial piece in connecting Internet
service providers to the backbone.
Our service providers in Nevada have very few options to
connect to the backbone, resulting in higher fees in areas--in
the costs for sure, and whether it is just more robust
competition. So I am sure you would also agree that middle mile
redundancy is important, not just from an economic perspective,
but also from a public safety perspective. As we deal with more
frequent and severe weather in my state, wildfires, our
networks need to be redundant and resilient to withstand the
effects of climate change.
So, Mr. Davidson, can you talk about the importance of
redundant and resilient middle mile networks, especially in
states with large rural areas like Nevada?
Mr. Davidson. Well, thank you, Senator, for that question
and thank you for your leadership in all of this and
particularly in the broadband provisions in the bipartisan
infrastructure package. I will say, as you rightly point out,
middle mile networks are an extremely important part of the
equation here. A lack of resilient, high capacity middle mile
networks can be an Achilles? heel, if you will, for underserved
and unserved communities. And I know that is an issue in places
like the State of Nevada with big rural communities that need
to be served.
The flip side of that, of course, is that investment in
middle mile can be a force multiplier for us. It can make it
easier to serve those communities. It can make it cheaper, and
it can also help us with our resilience. And so I think this is
a huge area where a little bit of Federal investment can go
quite a long way. Of course, we have a fund, it is not even
just a little fund, that have been put into the bipartisan
bill. And I would just say, if confirmed, I would look forward
to making that a priority.
I would love to work with you in your office in thinking
about how we can make the best use of those middle mile funds.
Senator Rosen. Wonderful. Thank you, and I would like to
move on to diversity in local broadcasting because Ms. Sohn, my
office has some concerns about your past positions on a handful
of issues, from local broadcasting to copyright protections.
Although the FCC may not have significant jurisdiction over
copyright laws, the Commission does have an important impact on
broadcasting and media ownership. In Nevada and across the
country, we deeply value our local broadcasters. They provide a
tremendous service to our communities. They want to support
these partners in public service, and that means ensuring they
continue to become more diverse.
So Ms. Sohn, in your opening statement, you note that you
value a diversity of voices and various platforms, ensuring the
public is hearing from diverse perspectives regardless of how
they are delivered. I understand concerns have been raised
about your opposition to policies such as joint service
agreements and shared service agreements, which allow stations
to share facilities and employees and jointly sell advertising,
which I understand can be critically important for minority
owned stations.
So Ms. Sohn, could you explain your position on this type
of ownership and how these agreements might either help or hurt
minority ownership in media as we think about local
broadcasting? Can you discuss your time at Locast and how you
plan to balance some of your priorities from your time with a
nonprofit with your new role?
Ms. Sohn. Sure. Thank you, Senator Rosen. Let me address
first the JSA and sidecar position because as many people know,
I have been fighting for increased minority ownership of media
for 30 years. I have the support of former acting Chairwoman
Mignon Clyburn and Byron Allen, who is the largest minority
broadcaster. My position was misstated. I did not oppose joint
service agreements or sidecar agreements.
Tom Wheeler, who I worked for, proposed making sure that
those agreements counted toward the media ownership rules.
However, there is an exception to that attribution, and that is
for diverse voices. So if somebody wants to have a sidecar
agreement with a minority broadcaster, those stations are not
counted. So there is actually an exemption for diverse voices,
for minority voices. But that was not my personal position, so
that was unfortunately misstated.
Senator Rosen. Thank you. I see my time is up, Madam Chair.
I know there are others after me, so I will submit everything
else for the record. Thank you.
The Chairwoman. Thank you. I think Senator Capito or
Senator Cruz, I am not sure which of you were here at the time
the gavel--Senator Capito.
STATEMENT OF HON. SHELLEY MOORE CAPITO,
U.S. SENATOR FROM WEST VIRGINIA
Senator Capito. Thank you. Thank you, Senator Cruz. Yes, I
will go ahead quickly. So, Mr. Davidson, thank you for the
visit, and I don't want to repeat all of the questions that you
can see with the concerns are very similar, things that we
talked about. So from what I have heard from your testimony,
transparency on and cooperation of information in deployment of
the bif dollars is going to be one of the hallmarks I think of
what you have already pledged so far. Also, I will just go
through the three things I have been concerned about and had
questions on technology.
Tech neutrality is another thing that I believe Senator
Young asked you about. Again, I think we are on the same page
there in consideration of the mountains of West Virginia. And
the other one are the mapping issues that I know with the FCC
and NTIA are exceedingly important to make sure that we use
these dollars in the proper way. So with those, I think we are
all on the same page with that. The question I have is that you
are--as we know 10 or 11 years ago, we had the BTOP program
where $4 billion grant was administered by the NTIA. I can tell
you in my State, as we know, it was not well deployed. It was
in some ways--not using this as a legal term because I am not a
lawyer, but it was fraudulently deployed. It was not used
judiciously.
And we ended up with all kinds of patchwork and nothing to
show like Ms. Sohn was saying where maybe we could say at the
end of the day, everybody's got deployed. We thought maybe that
was what was going to happen 10 years ago, and it didn't. So
that to me is important in the accountability section. So how
are you going to be working with the State agencies in the
broadband councils because a lot of this money is going to
flow, my understanding, from the NTIA into these State offices
and then deploy that way.
What kind of assurances do you have, or can you give or
would you envision to be able to have the capacities both at
your level and at the State level to make sure these mistakes
are not repeated?
Mr. Davidson. Thank you, Senator, and I would say I very
much enjoyed our conversation in your office, and I agree with
you on all of those issues that you mentioned. It is going to
be incredible--it is incredibly important that we get this
money out quickly, but we do it with accountability. And to me,
there are three elements that I think we can really lean into
to make sure that that happens and that we have learned the
lessons of the past. The first is making accountability clear
upfront in these State plans.
As you rightly point out, the states are going to be a
critical partner for us, and we need to be very clear about
what we expect from them in their plans. A second is
transparency. I believe that sunlight is the best disinfectant,
and I can pledge to you, if confirmed, that we will make NTIA
transparent about how we are using the money, and we will
insist that the states are transparent about how they are using
the money and what grant applications they are getting.
And then last is just putting in really good metrics up
front. I think that is a lesson that we need--we have learned,
which is that we need to know what to measure and collect good
data against it. So those will be some of the things that were
on my mind to make sure that we are holding--that we are making
wise use of taxpayer money.
Senator Capito. Well, I think, too, that there have been a
lot of discussion and disagreement on what does unserved and
underserved really mean. And, you know, kind of keying off some
of the discussion we have heard here earlier, if there is no
take up, does that mean they are underserved or if there is
inadequate service, does that mean they are underserved or
unserved?
And I think these distinctions are exceedingly important in
rural America because that is where a lot of the unserved and
underserved people are, because going that last mile is very,
very difficult in certain circumstances. So what kind of
guardrails can you make sure that we are not upping other
people's services in areas who already have service, making
redundant services, but making that unserved and underserved
population to actually close that divide the key portion of
these dollars?
Mr. Davidson. Thank you, Senator. It is a great question.
And to me, the starting point and any point really is there is
the statute. The statute lays out, the broadband provisions in
the infrastructure bill lay out a very clear framework for how
to think about this. There are clear definitions about how we
are going to define unserved and that there is a priority list,
and we are going to start with the unserved.
And that is, I can just say, if confirmed, I will be
faithful to that framework, and I would look forward to working
with you. I know you have long experience in this the Capitol
Connect plan and beyond, and I would welcome the chance to work
with you and your office to make sure we are meeting those
needs.
Senator Capito. Thank you. Thank you, Madam Chair.
The Chairwoman. Senator Lujan, then Senator Cruz, and then
Senator Tester.
STATEMENT OF HON. BEN RAY LUJAN,
U.S. SENATOR FROM NEW MEXICO
Senator Lujan. Thank you, Chair Cantwell. Mr. Davidson,
with nearly $50 billion in funding set to be administered by
the NTIA, your nomination is critical, and the only trouble I
have with your nomination, again, is that it was not done 6
months ago----
Mr. Davidson. You and my wife both----
Senator Lujan. I believe that at least 68 other Senators,
including myself, 69 members, have voted for the bipartisan
infrastructure bill. And in that infrastructure bill, what we
said is that the money was going to go to NTIA. You are the
nominee for that position. And I certainly hope that the other
68 Senators that voted for the BIF will join me in swiftly
voting to pass and confirm you on the Senate floor.
Now I am going to cut straight to the root of the issue.
Secretary Raimondo committed to me and to the public that this
bipartisan infrastructure investment would connect every
American household, every household across the country, every
single American, to quote the Secretary, ``to have access to
high speed, affordable broadband.'' So yes or no, will this
program ensure that every one of my constituents in New Mexico
have access to affordable, resilient, and high speed broadband?
Mr. Davidson. Yes, that is absolutely the goal and that is
the mission, and that is what the work we are going to do.
Senator Lujan. And Mr. Davidson, I am going to hold you to
that, and I want to make sure that you understand the full
scope of what you agreed to. Now, New Mexico communities face
unique and costly challenges to overcome. Several of my
colleagues have talked about the landscapes. We celebrate our
Rocky Mountains and beautiful vistas.
We are a large state geographically, and out West there are
two hard to connect States, Alaska and New Mexico. And I very
much appreciate your commitment to travel out to Alaska. I want
to hear the same commitment to travel out to New Mexico and
especially to communities like Gadsden and Mesa, Taos, Pueblo.
I was recently down in the Southwestern part of our state in
Catron County, out in Reserve. Catron County, which is larger
than many states out East, has a population of between 3,500
and 5,000, depending on which census count you look at, and
Reserve a population, between 350 to 500 people.
Many constituents out there, including the Fire Chief, they
don't have broadband access, or their mobile phones don't work
when they are out on a call. It is communities like that that
need to get connected. So can I get your commitment to travel
out to New Mexico and I hope spend a day or two out that way,
and travel on our beautiful state?
Mr. Davidson. Senator, you can get my commitment. I will
defer to you on our exact itinerary, but I do believe that
there is really no substitute for seeing firsthand the
challenges on the ground.
Senator Lujan. I appreciate that. And will you commit to
working with me and my staff and to ensure that these programs
connect to the people of New Mexico?
Mr. Davidson. I welcome that opportunity.
Senator Lujan. And Ms. Sohn, you have been an advocate for
open and affordable and competitive communication networks for
decades. For almost a year, the Commission has been limited
with just four out of five Commissioners seated. Now we can't
wait any longer. We need a full functioning Commission,
especially with this important investment. For students,
broadband isn't a luxury, it is a basic necessity, helping our
children succeed with broadband connectivity, whether their
distance learning or at home learning.
Most of their homework is done online, and I very much
support Commissioner Rosenworcel's efforts to close the
homework gap. Stories where students are not able to connect
and live out in areas where, you know, heat stroke is part of
being able to get your homework done because you have to sit
out in the sun all day, are unacceptable. What steps would you
take at the FCC to close the homework gap?
Ms. Sohn. Senator Lujan, thanks for that question. I think
the most important thing that the FCC could do at this juncture
is to interpret the law to allow eRate funds to be used in the
home. The law says that the funds go to connectivity to the
classroom, but the classroom is in the home, it is not just in
one building. So I think that is---that would be the number one
thing that I would advocate for if I am confirmed.
Senator Lujan. I introduced a piece of legislation with
Senator Lindsey Graham to expand eRate support to Wi-Fi on
school busses. Is that something you support?
Ms. Sohn. Yes.
Senator Lujan. As a Commissioner at the FCC, you have been
asked this question a bit today, how would you support
increasing diversity in media ownership, especially into
communities of color, where we see a lack--given some of the
legislative initiatives and Supreme Court decisions recently
that I think make it harder for diversity in media ownership to
take place?
Ms. Sohn. Yes, Senator, that is a knotty question. And I
actually went to the Supreme Court in support of minority
preferences for broadcasters in the 90s, which unfortunately
got reversed. I think expanding the broadcast incubator program
beyond radio, I think that would be a really important way to
goose minority ownership. The other thing that I might say is,
you know, the FCC is in the middle of its quadrennial, looking
at its media ownership rules, and perhaps--just, you know, the
circumstances surrounding its media ownership rules. I wonder
if there might be new ways to encourage media, minority media
ownership through that quadrennial.
Senator Lujan. Appreciate that. Thank you, Madam Chair, and
I yield back.
The Chairwoman. Thank you. Senator Cruz.
STATEMENT OF HON. TED CRUZ,
U.S. SENATOR FROM TEXAS
Senator Cruz. Thank you, Madam Chair. You know, there was a
time a few decades ago when Democrats and liberals believed in
free speech and defended free speech, defended the rights of
people who they disagreed with to speak. Unfortunately, far too
many of today's Democrats have abandoned any commitment to free
speech, and we are seeing instead a confluence of liberals
advocating for censoring anyone with whom they disagree, big
tech eagerly taking up the mantle to censor those with whom
they disagree, and Government regulators having the power to
facilitate, to encourage, or even force that censorship. Ms.
Sohn, you know, you and I had a good visit in my office, I
appreciated your coming by.
As I expressed in that meeting, I have got real concerns
about your nomination. And my concerns are in the context of
the growing calls of the left to have more and more censorship.
The Federal Communications Commission has enormous power. It
has power over broadcasters, and it is also, particularly under
Democratic Administrations, asserting power over big tech. When
you were at the Commission previously, you were a vocal
proponent of the Commission asserting power over big tech. In
the public space, you have been unabashedly a person of the
left.
Well, that can be fine if that is combined with a
commitment to free speech. In your opening statement, you said
freedom of speech is the lifeblood of our American experience
and has always been at the core of my work, and that commitment
is important. It is actually something more and more rare on
the left and yet your record suggests a deep antipathy to those
with different views, what--how would you comfort a
conservative concerned about censorship when they see your
nomination that you would not, if confirmed, use your power as
a Government regulator to censor more and to silence those with
whom you disagree?
Ms. Sohn. Thank you, Senator Cruz, and I did enjoy our
visit as well. I would say, look at my record. Look at the
conservative cable channels that I worked for--worked with,
excuse me, for years to get them carriage on cable systems when
those systems would not carry them. You know, I have long
worked with organizations, and again companies with whom I
vigorously disagree on their point of view.
These are, you know, fervent Republicans, fervent
supporters of the former President, and I worked with them to
get their views online. I believe that my--I have been
characterized very unfairly as being anti-conservative speech.
I think my record says otherwise. I have been critical of Fox
News. I am sure you have my tweets, but that was in the context
of a hearing where big tech was being blamed for
misinformation, as they deserve, OK, and I am not quite sure
about your statement about me wanting to assert authority over
big tech when I was at the FCC because it has actually been the
exact opposite.
But we can talk about that. But Fox News, I have been
critical because I don't think if you are going to look at
misinformation, you have to look at the entire ecosystem. And
frankly, not just at Fox News. I have also been critical of
liberal stations as well. I am not a huge fan of big chyrons on
cable news.
Senator Cruz. Well, I will say yesterday I had a
conversation with Chris Ruddy, who owns Newsmax, and I will say
he confirmed what you said and that he described his
relationship with you as having been an advocate for additional
voices. That is an encouraging sign. I was comforted by what
Mr. Ruddy had to say. At the same time, you urged, look at your
record. And indeed, you said that I had the Fox News tweets.
And you are right, I at least have some of them, and I would
note what your record says, November 6, 2020, ``so do you still
want me to believe that social media is more dangerous to our
democracy than Fox News?'' Another one about Fox News, I guess,
``old media can destroy democracy.'' You have multiple tweets
going after Fox News very directly.
Now, look, you are entitled to have your own views. I don't
agree with everything on Fox News either or really any news
station, but it is one thing to have a view, it is another
thing for the Government to use its regulatory power to silence
views it disagrees with. Some people home watching are regular
watchers of Fox News. How can they have any comfort that if you
are confirmed, you won't use the power of Government to silence
them?
Ms. Sohn. Well, I will make that commitment right here. But
I would also say that I take any allegations of bias extremely
seriously. I have been working very closely with the Office of
Government Ethics on Ethics Agreement, which I have signed. And
if there is any question about my bias, I will work with them
to determine whether I need to not participate in the
proceeding, but I do not believe I am biased. All of those
tweets, I believe I can't read them all, were in the context of
a comparison, usually Section 230 hearing, between--you know,
it is not a comparison, I was making the comparison that if you
were looking at just big tech, and again I am highly critical
of them, you also have to look at the other voices in the
ecosystem.
Senator Cruz. I will point to another tweet, which you
said, which is the whole point of the hearing, ``to work the
referees prior to the election so that misinformation, violence
inducing, and hate speech remain unmoderated. It has already
worked on Twitter and Facebook over the past few months.'' Now
what is troubling about this is you are advocating for more
censorship. You are advocating and in fact, you are saying the
quote, ``working the refs'' is one of the talking points that
the Democrats used today to say that anyone defending free
speech is ``working the refs.''
Ms. Sohn. Well, I guess I don't read it that way. Well,
first of all, the tech platforms are under a different regime
than--the FCC does not have authority over big tech platforms.
Senator Cruz. But under net neutrality, you are trying to
assert more power?
Ms. Sohn. No, sir. That is--in fact, I have actually been
one of the biggest voices against the FCC asserting authority.
When the former President tried to make the FCC interpret
Section 230, I was extremely vocal that the FCC did not have
authority.
Senator Cruz. So you opposed the former President's efforts
to protect free speech----
Ms. Sohn. No, that is not----
Senator Cruz. Let me ask you this, do you believe big tech
should be censoring more or censoring less than they do right
now?
Ms. Sohn. I don't have an opinion on that. I think they
need to be more open--they mean they need to be more
transparent about why they do what they do. I am not pleased
with their moderation either way, because you have no idea why
they are doing it.
The Chairwoman. Senator Cruz--yes, thank you so much.
Senator Sinema.
STATEMENT OF HON. KYRSTEN SINEMA,
U.S. SENATOR FROM ARIZONA
Senator Sinema. Thank you, Madam Chair, and thank you to
our nominees for joining us today. You know, last month,
President Biden signed into law the bipartisan Infrastructure
Investment and Jobs Act. I was proud to represent Senator
Portman, Senator Whitehouse, Chair Cantwell, and many
colleagues on both sides of the aisle to pass this historic law
that includes the largest investment ever in closing the
digital divide.
Our bipartisan infrastructure law invests $65 billion in
broadband deployment, affordability for low income families,
digital inclusion, and programs for broadband expansion in
rural and tribal areas. Both the National Telecommunications
and Information Administration and the FCC have important roles
to implement and oversee the IAJA, and Arizonans expect the law
to be implemented in a fair and expedient matter to benefit our
communities.
So my first question is for Mr. Davidson. NTIA is the
primary Federal agency charged with implementing and overseeing
our country's largest ever investment in broadband deployment.
How will you work with states to ensure that broadband
deployment funding from the bipartisan infrastructure bill,
over $40 billion, will be used in the most effective manner to
close the digital divide for Arizona families?
Mr. Davidson. Senator, thank you so much for that question
and thank you for your leadership on the bipartisan
infrastructure bill in getting this funding to close the
digital divide. I would say you rightly point out that states
are the critical piece of how this bill has been structured. We
won't succeed in our efforts to connect all Americans without
them. I think one of the most important things that NTIA could
do, can do in this regard is to make sure that we are providing
assistance. We have been given resources to do this, providing
strong assistance to the states so they can stand up their
broadband programs and be in a position to get the grant money
from us and get it out efficiently, effectively, and wisely.
And if confirmed, that will be my top priority.
Senator Sinema. Thank you. And now turning to Ms. Sohn. Net
neutrality is a critical protection for both Internet consumers
and providers, but as you know, we have had decades of partisan
disagreement about net neutrality, where the FCC changes the
rules every Administration, which has been followed by years of
litigation. Meanwhile, consumers and providers have no
certainty about the rules of the internet. I believe the only
way to permanently fix net neutrality is for Congress to pass a
bipartisan bill that provides lasting net neutrality
protections while ensuring there is opportunity for innovation
in the internet. Do you support using Title II of the
Telecommunications Act to pursue net neutrality, or should we
allow Congress to act in this area?
Ms. Sohn. Thank you, Senator. I would much prefer if
Congress settle the matter. I have been an advocate for net
neutrality for 20 years, and I am as tired of the ping pong
game as anybody. However, until Congress acts, I think it is
critical that consumers be protected, and competition be
promoted. So, you know, if necessary, we cannot leave an
essential service such as broadband without oversight. So if
necessary, the FCC will have to go to Title II, I believe, just
like Chairwoman Rosenworcel believes, if Congress doesn't act.
But boy, would I really appreciate it if Congress did act.
Senator Sinema. So if you prefer Congressional action,
which it sounds like we both do, how much time should the FCC
give Congress to pass a bipartisan net neutrality law before
they consider an alternative?
Ms. Sohn. Well, anything the FCC would do to implement
Title II would take quite a bit of time to begin with. You
know, the FCC would have to start an entirely new proceeding.
They would have to take notice and comment. They probably would
do months of meetings, if my experiences is any indication. So,
you know, that proceeding is going to take at least a year. I
would hope that Congress--I know Congress doesn't always move
as quickly as all of us would like, so I would say, you know, a
year until that proceeding is concluded.
But again, I am very concerned that broadband, an essential
service, has been without any oversight for the past 4 years,
and there have been issues with that, you know, regarding
firefighters, regarding the ability of rural wireless providers
to get access to poll attachments, to people being charged for
modems that they own. So it is those kind of consumer
protections and public safety protections that the FCC can't
afford to leave unprotected.
The Chairwoman. I think--Senator Sinema, you are still
there? She may have finished--she may----
Senator Sinema. My time has almost expired, so I will leave
with the first question. In 2015, the FCC chose to forebear the
vast majority of Title II to broadband. In a paper last year,
you recommended the incoming FCC forebear less. Do you still
believe that's the best approach and why?
Ms. Sohn. Yes. Senator Sinema, as I said before, I have
been debating net neutrality for 20 years and my positions are
always evolving because of changes in technology, how consumers
use the internet, and business practices. So frankly, even what
I might have said a year ago probably doesn't even apply
anymore. And as I said before, and as Chairwoman Rosenworcel
has said, she would have to start an entirely new proceeding.
There would be a new record. So regardless of what I might
have said in an academic paper, you know, if I am confirmed and
as a new proceeding, I would have to look at the totality of
the record, confer with staff, confer with my colleagues, and
confer with you and your colleagues on the dais. So you know
what I said in an academic paper, frankly, is just academic.
Senator Sinema. Alright. Thank you, Madam Chair.
The Chairwoman. Thank you, Senator Sinema. Well, believe it
or not, I think we are almost at the end here, so I really
appreciate the patience of our witness, the patience of our
members. I don't think we have any other members in the queue.
But if you are out there and we just don't know, please let us
know if you are trying to log on to ask questions. I wanted to
just for the record, Ms. Sohn, ask you a few things just to
follow up on some of the questions that people had about local
broadcasting. I--or your record shows you have long been
opposed to media consolidation.
And so obviously this is something that local broadcasters
and that you have expressed your opinion here that it is a
concern to you that local broadcasters thrive and have the
ability, which we are obviously trying to undertake and
understand this both influence of big tech on compensation and
unfair practices, as well as move and keep local broadcast
diversity while we are doing it. So do you support
broadcasters' ability to be compensated for retransmission of
their copyrighted television programing?
Ms. Sohn. Yes. In fact, I went to the Supreme Court twice
in support of Must Carry missions consent and won both times.
The Chairwoman. OK. Will you commit to working with me and
others to ensure FCC adopts policies that support local
broadcasters?
Ms. Sohn. Absolutely.
The Chairwoman. If confirmed, are there any policies that
you would like the FCC to consider to help restore the health
of local broadcasters?
Ms. Sohn. Yes, Senator. The 2018 quadrennial is still in
place. Right now, the broadcast industry, there is almost no
media ownership rules left, and I think, again, there has to be
a proceeding and a record, but I do think we need to consider
whether some of those ought to be restored.
The Chairwoman. Thank you. Also for all of the witnesses,
Ms. Sohn, Mr. Davidson, Mr. Ahmad, Mr. Kolko, if confirmed,
will you pledge to work collaboratively with this committee,
provide thorough and timely responses to requests for
information so that we work together and address important
policy issues, and appear before the Committee when requested?
Ms. Sohn. Yes.
Mr. Davidson. Absolutely.
Mr. Kolko. Yes.
Mr. Ahmad. Yes.
The Chairwoman. Great. Thank you. So that concludes our
hearing. Thank you so much again for your willingness to serve.
Thanks so much for staying and answering all these questions
from members. We had great participation from our committee
today. I think just a few people didn't get a chance to get
their questions in. So Senators will have until Monday,
December 6 at noon to submit questions for the Committee
record, and witnesses will have 1 week to respond to those
questions. So, thank you all very much. This concludes our
hearing today.
[Whereupon, at 1:06 p.m., the hearing was adjourned.]
A P P E N D I X
Gigi Sohn for A Proactive, Consumer-Focused
Federal Communications Commission
On October 26, 2021, President Joe Biden nominated Gigi Sohn to
fill the fifth seat at the FCC. The five-member commission has been
stuck in a 2-2 split since January. The agency has a tremendous amount
of work before it, and leaving it less than fully operational limits
its capacity to most effectively and proactively:
Finish updating the FCC's broadband maps to ensure the
billions of dollars appropriated by Congress in the bipartisan
infrastructure bill are distributed equitably and to areas that
need it most;
Restore the agency's authority to regulate broadband under
Title II of the Communications Act and restore net neutrality
rules;
Strengthen programs created to ensure low-income people can
afford communications services, like Lifeline and the
Affordable Connectivity Program;
Create rules to ensure our Nation's communications networks
are more reliable and resilient to natural disasters, the
climate crisis, and other threats;
Halt the dangerous trend of increased consolidation and
monopolization within the broadcast and telecommunications
sectors, and much more.
The Senate must provide the FCC with a governing majority by
confirming Sohn without delay.
Background
Sohn has over 30 years of experience working on
communications policy, and she has a demonstrated track-record
of bringing together varied stakeholders in bipartisan
coalitions to fight for equitable broadband policy, consumer
protections, competition and the open-internet. Her experience
would make her an asset at the agency as it works to implement
the mandates of the Infrastructure Investment and Jobs Act.
She served as a top aide to FCC Chairman Tom Wheeler. During
her time at the agency, the FCC adopted the only net neutrality
rules that have withstood legal challenges to their statutory
authority, modernized the Lifeline program, adopted strong
privacy rules for broadband providers and more.
Sohn helped found and lead a non-profit focused on promoting
an open and competitive communications and technology market.
Organizational Support
More than 200 organizations--including civil rights,
community media, media justice, workers rights and consumer
advocacy groups, companies and trade associations--from across
the political spectrum have sent letters (attached) to the
Senate calling for her swift confirmation.
Sohn has received support from right-wing outlets that
appreciate her work fighting to curb the power of broadcast and
cable incumbents and ensure competition in the media.
Grassroots Support
More than 110,000 people have signed petitions calling for
Sohn's confirmation since October.
Almost a quarter million activists have called for the FCC
to gain a governing majority since January 2021.
______
Statement of Newsmax CEO Christopher Ruddy Re: FCC Nominations
In the past I have dealt with both Jessica Rosenworcel and Gigi
Sohn on policy issues affecting the FCC and media and have found them
to be fair-minded persons of strong integrity.
President Biden has nominated both to the FCC and I support their
nominations.
Increasingly, independently operated cable news channels like
Newsmax are being sidelined in favor of a small number of mega-
corporations who dominate the channel line-ups, forcing upon consumers
expensive and little-watched networks. It's bad for the public interest
and dangerous for democracy.
While I don't always agree with the nominees on many policy
matters, Newsmax fully supports the Commission's mandate to promote
diversity, localism and competition in the marketplace. Newsmax
believes both nominees are committed to that mandate and I urge the
Senate to confirm the nominations of Jessica Rosenworcel and Gigi Sohn.
______
Open Letter to the U.S. Senate: Confirm Gigi Sohn to the FCC
As a media entrepreneur and the only Black owner/operator of ``Big
4'' network affiliated broadcast TV stations in the U.S., as well as
the owner of traditional and digital media platforms, including The
Weather Channel, TheGrio.com, Local Now, JusticeCentral.TV, Comedy.TV,
Cars.TV, HBCUGo.TV, Pets.TV, Sports.TV, Recipe.TV and many others, I
take very seriously the role of the Federal Communications Commission
in promoting diversity, supporting localism, and protecting freedom of
speech. That is why I am supporting Gigi Sohn to be confirmed as an FCC
Commissioner.
It should not be the case in 2021 that Black Americans, who
comprise approximately 12 percent of the U.S. population, own a
majority interest in less than 2 percent of full-power broadcast TV
stations. I should not be the only Black American who owns and operates
major network affiliated stations. The FCC is charged with promoting
diversity of ownership and viewpoints yet has fallen short of achieving
a truly diverse media landscape. Gigi Sohn understands and is a
champion against this inequity.
Over many years, she has worked nonstop to promote greater
competition and more minority ownership in broadcasting. As a
commissioner, she would have the tools to improve ownership diversity
among FCC licensees. As the first openly LGBTQ person in history
nominated to the FCC, Gigi truly understands on a personal level why
diversity and inclusion for all Americans matters. Please note that
Mignon Clyburn, the first Black woman ever to serve as acting Chair of
the FCC, understands the job extremely well and supports Gigi's
confirmation, and so do I.
As an owner of local broadcast TV stations, I understand the
critical importance to the health and safety of our citizens, as well
as to our democracy, of robust local broadcast news organizations.
According to the Pew Charitable Trusts, most Americans prefer to get
their local news from local broadcasters. The FCC is supposed to
promote localism but often fails to protect local broadcast affiliates
against abuses from much larger companies and industries. Gigi Sohn
understands this innately. For years, she has advocated for restoring a
more reasonable balance of power between local broadcasters and major
conglomerates in the communications ecosystem. She will use her seat on
the FCC to bring the ``local'' back to localism.
Finally, as someone who speaks out against injustice, racism,
unfairness, and corruption wherever and whenever I see it, I value our
American freedom of
speech, and Gigi Sohn will help protect our rights as American
citizens. Whether fighting for an open Internet or for the free speech
rights of conservatives with whom she disagrees, Gigi advocates for all
people to speak and be heard. That is why multiple conservatives who
disagree with her on a lot of issues publicly support Gigi's
confirmation to the FCC. They have seen her fight tirelessly for
diversity and freedom of speech. The Senate should act quickly to
confirm Gigi Sohn to the FCC. She will do a great job for our
country!!!
Continued Success,
Byron Allen.
______
ADT Security Services
Boca Raton, FL, Nov 2, 2021
Hon. Maria Cantwell,
Washington, DC.
Hon. Roger Wicker,
Washington, DC.
Hon. Ben Ray Lujan,
Washington, DC.
Hon. John Thune,
Washington, DC.
Dear Senators Cantwell, Wicker, Lujan, and Thune,
On behalf of ADT Security Services, the leading provider of
electronic security and alarm monitoring services in the United States,
with more than 20,000 employees across the country, l am writing to
express our strong support for Gigi Sohn's nomination to join the
Federal Communications Commission as a Commissioner.
At ADT, we believe everyone deserves to feel safe. Our customers
depend on our security and monitoring services, whether they are
dealing with life safety threats resulting from an intrusion, a health
crisis, a flood, carbon monoxide (CO) threat, or a fire. Those services
depend on customer access to robust, reliable connections to our alarm
monitoring centers and, in turn, public safety officials and first
responders. While technology has changed over the course of ADT's
nearly 150-year history, our customers' expectations have not. Our
customers expect us to help keep them safe, and we don't take that
trust for granted.
Gigi Sohn has taken the time to learn the ins and outs of the
electronic security industry and has been a regular speaker at industry
events year after year. She is trusted and respected within our
industry. Ms. Sohn has introduced members of our industry to her own
broad network, and has given an industry like ours, comprised mainly of
small, regional businesses, a voice in national policy debates. Having
worked with Ms. Sohn for years, I have found her to be highly
knowledgeable, egalitarian, and above all, reasonable.
Over the past year and a half, the American public has become
critically aware of the divide between the digital haves and have nots.
When jobs, schools, and even alarm monitoring moved to a home
environment, the quality of one's Internet connection quickly became
paramount. As the FCC looks for new and innovative ways to expand
access to quality, affordable communications networks for all
Americans, I have no doubt that Ms. Sohn's passion for universal
connectivity and her collaborative spirit will be an asset to the
Commission.
On behalf of ADT, I respectfully ask that you vote to confirm Gigi
Sohn.
Sincerely,
Holly Borgmann,
Vice President, Government Affairs,
ADT Security Services.
cc: Senator Marco Rubio
Senator Rick Scott
______
Socket
Columbia, MO, November 4, 2021
Hon. Roy Blunt,
U.S. Senate,
Washington, DC.
Re: FCC Nomination of Gigi Sohn
Dear Senator Blunt:
I am writing to express Socket Telecom's strong support for the
nomination of Gigi Sohn to the Federal Communications Commission.
Socket has a long history as a competitive telecom and Internet
provider in Missouri, and Ms. Sohn has worked tirelessly throughout her
entire career to advance competition and consumer choice in
telecommunications and broadband.
The success of our company was made possible through the landmark
and bipartisan Telecommunications Act of 1996. The Act's market-opening
provisions allowed us to bring Missouri consumers and small businesses
competitive options, pricing and service, many for the first time. In
2011, Socket began to expand its reach by building a brand new fiber-
optic network to reach homes and businesses in rural Callaway County
and Fulton. We have been expanding this fiber network ever since, now
reaching 18 counties in Missouri, and as a result, thousands of
customers now enjoy reliable, competitive high-speed Internet service
delivered over Socket's Fiber-Optic Network.
Today, Socket employs approximately 160 people, with offices across
Missouri. We're proud to be Missouri's local competitive
telecommunications provider, and we are working tirelessly to bring
state-of-the-art technology and friendly, local support to as many
homes and businesses as possible.
Gigi Sohn has been a friend to the competitive telecom and Internet
industry. As a public interest and consumer advocate, she has been a
steadfast champion for competition as the best path, and we have no
doubt she will continue to do so at the Commission. It is critical for
the Commission to have its full complement of Commissioners confirmed
as soon as possible so that the issues in front of the FCC today-like
broadband mapping-are implemented quickly to ensure that broadband
funding goes to those areas that are most in need of new network
deployment. This is an issue of significant importance as Socket has
been seeking funding for Missouri communities that have been left
behind.
We urge you to vote to confirm Gigi Sohn as Commissioner for the
Federal Communications Commission.
Thank you for your consideration.
Sincerely,
Carson Hoffman,
President.
______
Visionary Broadband
Gillette WY, November 8, 2021
Hon. Cynthia Lummis,
United States Senate,
Casper, WY.
Dear Senator Lummis:
I am writing to support the nomination of Gigi Sohn to the Federal
Communications Commission. As you know, Visionary Broadband is a small
Wyoming-based broadband company that is able to serve consumers here
due to the existence of long-standing competitive policies at the FCC.
Throughout Ms. Sohn's public and private sector career she has been
a supporter of small, competitive broadband companies regarding the
many policy debates impacting smaller carriers. From the policy battles
around Special Access to the Forbearance Petitions involving the
Unbundled Network Elements (UNE) regime, Ms. Sohn has been an effective
advocate. Our company has been able to offer more efficient and less
expensive service to consumers in Wyoming due to our ability to compete
in this once monopoly-dominated market.
Ms. Sohn is a respected lawyer and previously served in a key role
at the FCC under a former Chairman. She has an excellent understanding
of the complex issues facing the FCC today and will be able to hit the
ground running at the commission. I hope you will be able to be
supportive of her nomination.
Sincerely,
Brian Worthen,
CEO,
Visionary Broadband.
______
Broadband Connects America
November 10, 2021
Hon. Maria Cantwell,
Chair,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Roger Wicker,
Ranking Member
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Dear Senators Cantwell and Wicker,
We, the undersigned public interest organizations, submit this
letter as members of Broadband Connects America (``BCA''), a coalition
of diverse national, state-based, and local nonprofit organizations, as
well as state agencies, that advocate for policies to promote broadband
access in underserved rural areas. We write to urge the swift and
concurrent confirmation of Jessica Rosenworcel for Federal
Communications Commission (FCC) Chair, Gigi Sohn for FCC Commissioner,
and Alan Davidson for Administrator of the National Telecommunications
and Information Administration (NTIA). These agencies need immediate
leadership to bring affordable, reliable, high-speed Internet to rural
and Tribal communities. A failure to confirm them all before the end of
this year will jeopardize the ability of rural communities to engage in
modern society as others with the Internet can.
Over the last two years, as the COVID-19 pandemic took root in the
United States, it became clear that broadband is an essential service
and that the government must take action to connect people across the
Nation. In order to ensure the steps Congress has taken to help close
the digital divide can succeed, these agencies need Senate-confirmed
leaders. Each of these nominees bring the decades of experience and
commitment required to connect rural and Tribal communities.
During Jessica Rosenworcel's tenure at the FCC, she has rapidly
implemented a Congressional program to bring broadband to millions of
people who could not previously afford it; championed the need for
reliable data on broadband availability that will ensure communities
are not wrongfully denied broadband deployment funding, and connected
tribes by providing them with unlicensed spectrum to buildout broadband
and by making Tribal libraries eligible for E-Rate funds. This
experience alone makes her an exceptional choice for FCC Chair.
Additionally, she is a widely respected leader in tech policy, a
dedicated consumer advocate, and a swift decision maker who will most
certainly bridge the digital divide.
Likewise, Gigi Sohn is an experienced consumer advocate who has
done more to close the digital divide than almost anyone else in the
field. During Gigi's career, including working as a top advisor to FCC
Chairman Tom Wheeler and as the co-Founder and CEO of Public Knowledge,
she has tirelessly championed universal connectivity to a free and open
internet. Gigi is known for bringing together strange bedfellows to get
the job done--including public interest groups, industry, urban &
rural, and stakeholders from across the aisle. Her pragmatism will
ensure that rural communities are no longer left on the wrong side of
the digital divide because of partisan fights.
Finally, Alan Davidson has over 20 years of experience in
government, industry, and public interest advocacy, making him an ideal
candidate to lead the NTIA. If passed, the bipartisan infrastructure
package and budget reconciliation bill will give the NTIA
responsibility for multiple programs that will connect rural and Tribal
communities, including a $42.5 billion broadband deployment program, a
grant program to promote digital equity, and a program to give low-
income consumers the devices they so urgently need to connect. Alan
Davidons's leadership experience, both within industry and the public
interest sector, positions him to successfully stand up these important
programs to get rural and Tribal communities connected.
The FCC and the NTIA have a lot of work ahead of them, and these
three experienced and committed nominees' appointments cannot be
delayed any further if we want people across the country to ring in the
new year with newly adopted broadband. Thus, Congress must confirm all
three nominees before the end of the year. Thank you for your attention
to this urgent matter.
Sincerely,
Access Humboldt
Benton Institute for Broadband and Society
California Center for Rural Policy
Center for Rural Strategies
ConnectMaine
Institute for Local Self-Reliance
Maine Broadband Coalition
National Digital Equity Center
Public Knowledge
Rural Wireless Association, Inc.
The Cooperative Baptist Fellowship of Mississippi
Together for Hope: A Rural Development Coalition
X-Lab
______
Rural Wireless Association
Washington, DC, November 11, 2021
Hon. Maria Cantwell,
Chairwoman,
Committee on Commerce, Science, and Transportation,
U.S. Senate,
Washington, DC.
Hon. Roger Wicker,
Ranking Member,
Committee on Commerce, Science, and Transportation,
U.S. Senate,
Washington, DC.
Re: Recommendation for Confirmation of Nominated FCC Commissioners
Jessica Rosenworcel and Gigi Sohn
Dear Chairwoman Cantwell and Ranking Member Wicker:
The Rural Wireless Association (``RWA'') \1\ is writing to
recommend that the Senate Committee on Commerce, Science, and
Transportation confirm the nomination of Jessica Rosenworcel as
Chairwoman of the Federal Communications Commission (``FCC'' or
``Commission'') and move quickly to schedule a confirmation hearing for
Gigi Sohn as an FCC Commissioner.
---------------------------------------------------------------------------
\1\ RWA is a 501(c)(6) trade association dedicated to promoting
wireless opportunities for rural telecommunications companies who serve
consumers who, reside, work, or travel in rural America. RWA's members
are small businesses serving or seeking to serve secondary, tertiary,
and rural markets. Each of RWA's member companies serves fewer than
100,000 subscribers.
---------------------------------------------------------------------------
Both of these nominees are extremely qualified for their positions.
As Acting Chair of the FCC for the past 9 months, Rosenworcel has been
a good steward and a strong advocate for continued investment and
innovation in wired and wireless broadband networks. Rosenworcel has
also been supportive of Congress' goal to build next generation
networks in unserved and underserved areas and to close the digital
divide. RWA believes that, with a fully staffed Commission, Rosenworcel
can be instrumental in directing the Commission's full attention
towards building and maintaining networks in rural America to keep all
Americans connected.
Ms. Sohn is also more than qualified to be confirmed as an FCC
Commissioner. For over 30 years, Ms. Sohn has relentlessly served the
public interest and helped to keep Big Tech in check. She is an
advocate for all consumers, both urban and rural, and has worked
tirelessly to close the digital divide and to ensure that diverse
voices (including all rural stakeholders) are heard and protected. She
previously served as an advisor to FCC Chairman Tom Wheeler and in that
role Ms. Sohn advised the chairman on a multitude of
telecommunications, internet, and media issues. RWA has worked with Ms.
Sohn on issues ranging from universal service reform to ensuring
spectrum auctions are conducted in a manner that allows small and rural
carriers to gain access to spectrum to serve rural communities. Ms.
Sohn has worked with RWA to ensure that VoLTE roaming is implemented
fairly so that rural consumers do not get left behind. Her nomination
also speaks to President Biden's desire to be inclusive and to promote
diversity across all sectors of the Federal government as Sohn will be
the first openly LGBTQ+ Commissioner.
With the legislative calendar year coming to an end, its becoming
more likely that the Commission will be shorthanded by the new year.
Given the influx of broadband-related initiatives being passed and
proposed by Congress, it is in the country's best interest to keep the
Commission functioning fully staffed with five commissioners. RWA
eagerly awaits the confirmation of Rosenworcel as FCC Chairwoman and a
scheduled date for Sohn's confirmation hearing this year.
Respectfully submitted,
Carri Bennet,
General Counsel,
Stephen Sharbaugh,
Legislative and Policy Analyst,
Rural Wireless Association, Inc.
______
Fiber Broadband Association
Washington, DC, November 12, 2021
Senator Lisa Murkowski,
Washington, DC.
Senator Pat Toomey,
Washington, DC.
Senator Mitt Romney,
Washington, DC.
Senator Rob Portman,
Washington, DC.
Senator Susan Collins,
Washington, DC.
Senator John Boozman,
Washington, DC.
Senator Tommy Tuberville,
Washington, DC.
Senator John Kennedy,
Washington, DC.
Dear Senators Murkowski, Toomey, Romney, Portman, Collins, Boozman,
Tuberville, and Kennedy:
As a proud Republican, and Co-Chair of the Public Officials
Committee of the Fiber Broadband Association in Washington, DC
(representing 150 cities, towns, counties, and state agencies), I find
myself in unfamiliar territory urging you to confirm Gigi Sohn, a
member of the Democratic Party, as an FCC Commissioner.
I'm expressing strong support for Gigi Sohn because there's a lot
at stake for our Nation's economy. Nearly half of Americans can't
easily participate in the digital economy because they live in areas
unserved or underserved by broadband providers. Ms. Sohn's mastery of
policy and her pragmatic approach will help expand broadband investment
while helping to curb lip service from providers.
In the last few years, I've gotten to know Gigi Sohn as a
charismatic and pragmatic leader in the telecommunications industry.
I've found her to be thoughtful, thorough, prepared, and balanced. She
not only understands how policy can impact our states and cities, but
also how it can influence business and industry. Ms. Sohn wants to see
policy that spurs innovation and investment, as well as economic
development and jobs.
It should be noted that Big Telco is spending $8 million a week in
Washington to preserve the status quo, and has labeled Ms. Sohn as an
``activist.'' They're concerned that should she be appointed to the
FCC, providers will need to be more accountable to consumers,
businesses, and taxpayers (who've subsidized their efforts with little
in return). Frankly, that's exactly what the country needs to remain
economically competitive in the digital age.
To achieve our national goals of expanding quality, affordable
broadband service to all Americans, it will require an FCC Commissioner
who can work collaboratively across party lines--and with industry,
business, consumers, and local government. Gigi Sohn is that person.
I respectfully urge you and your Senate colleagues to confirm Gigi
Sohn. Please let me know if you'd like to discuss further.
Sincerely,
Bob Knight,
Commissioner & Co-Chair,
Public Officials Committee,
Fiber Broadband Association.
Cc. Geoffrey Morris, Chairman, Ridgefield ECDC
Kimberly McKinley, Deputy Director, Utah Infrastructure Agency,
Committee Co-Chair
______
Communications Workers of America
Washington, DC, November 15, 2021
Hon. Maria Cantwell,
Chair,
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington DC.
Hon. Roger Wicker,
Ranking Member,
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington DC.
Dear Chair Cantwell and Ranking Member Wicker,
On behalf of the members and officers of the Communications Workers
of America (CWA), I am writing in strong support of the nominations of
Jessica Rosenworcel to serve as Chair of the Federal Communications
Commission (FCC) and Gigi Sohn for Commissioner. Not only will they
continue to lead the FCC into the future by encouraging the equitable
deployment of next-generation broadband networks, they will also ensure
that the concerns of workers and consumers are the top priority.
As Commissioner and Acting Chair at the FCC, Rosenworcel has fought
steadily to ensure access to telecommunications services for all
Americans. For example, Rosenworcel's work has drawn attention to
problems with the FCC's collection of data on broadband access. She has
advocated that in order to close the digital divide, we must have
access to broadband maps and data that are accurate and reliable. This
ensures that when broadband access is expanded, it reaches all
communities, not just some. Further, Rosenworcel has been a champion
for the protection and expansion of the Lifeline program, which
connects low-income households to critical telecommunications services.
She understands that these programs are especially important during
public health and economic crises like those taking place right now.
Beyond her understanding of the policy issues, Rosenworcel has
intimate knowledge of the families and workers behind the policy
because she takes the time to understand both. Prior to the pandemic,
Rosenworcel was an advocate for closing the Homework Gap by addressing
the issue that millions of students take homework home from school but
don't have the Internet access to complete it. She has been working on
creative solutions to this issue for years, and since the pandemic has
widened this gap, this work remains a top priority. Additionally, she
has engaged CWA members in dialogue to provide perspective on the
telecommunications issues that are hitting the communities we serve the
hardest.
Throughout her career, Gigi Sohn has been a staunch advocate for
the expansion of affordable Internet access. During the T-Mobile/Sprint
merger, Sohn was a key ally in the fight to protect the jobs of the
working families who ultimately ended up being harmed by the merger.
She believes in fighting to ensure that workers are protected first and
foremost. Additionally, she supports efforts to hold broadband service
providers accountable through state regulatory oversight. Her voice,
experience and expertise are just what the FCC needs.
The leadership exhibited by these two women focus on greater
opportunity, accessibility, and affordability in our communications
services, especially broadband services. Further, their tireless
advocacy on behalf of workers and consumers has never been more
important. I strongly urge you to swiftly advance the nominations of
Jessica Rosenworcel and Gigi Sohn to serve as the next Chair and
Commissioner of the Federal Communications Commission (FCC), as they
are exactly the kind of leaders we need in this moment.
Thank you in advance for your consideration.
Sincerely,
Dan Mauer,
Director of Government Affairs,
Communications Workers of America (CWA).
______
Schools, Health & Libraries Broadband Coalition
National Digital Inclusion Alliance
November 15, 2021
Senator Maria Cantwell,
Chair,
Senate Commerce Committee
United States Senate
Washington, DC.
Senator Roger Wicker,
Ranking Member,
Senate Commerce Committee
United States Senate
Washington, DC.
Dear Chairwoman Cantwell and Ranking Member Wicker,
On behalf of the Schools, Health & Libraries Broadband (SHLB)
Coalition, the National Digital Inclusion Alliance (NDIA), and the
undersigned organizations, we write to express our strong support for
Jessica Rosenworcel to serve as the Chair of the Federal Communications
Commission (FCC), Gigi Sohn to serve as a Commissioner on the FCC, and
Alan Davidson to serve as the Assistant Secretary of Commerce and
Administrator of the National Telecommunications and Information
Administration (NTIA).
The SHLB Coalition is a 501(c)(3) nonprofit advocacy organization
that strives to close the digital divide by promoting open, affordable,
high-quality broadband for anchor institutions and their communities.
SHLB has over 300 members from across the US, including hundreds of
commercial and nonprofit organizations who support our mission.
NDIA is a 501(c)(3) nonprofit and advances digital equity by
supporting community programs and equipping policymakers to act.
Working collaboratively with digital inclusion practitioners, NDIA
advocates for broadband access, tech devices, digital skills training,
and tech support. NDIA currently represents 625 affiliate organizations
located in 46 states.
We urge the Senate Commerce Committee to advance the nomination of
Rosenworcel for an additional term without delay. Her impressive range
of work and extensive experience as a commissioner on the FCC makes her
well suited to serve as its chair. She is committed to closing the
``homework gap'' and has overseen the rollout and implementation of
several critical Federal programs that make technology more accessible
and affordable for Americans, including the Emergency Broadband Benefit
program and the Emergency Connectivity Fund--the most significant
Federal programs yet to address Internet affordability. By taking a
lead role on spectrum policy reforms and expanding affordable broadband
access to households, schools, libraries, and healthcare providers,
Rosenworcel has demonstrated outstanding leadership as acting FCC
Chair.
We also urge the Senate Commerce Committee to advance the
nomination of Sohn for Commissioner on the FCC without delay. Sohn has
been a long-time advocate for Internet freedom, consumer protection,
and digital inclusivity. Though steadfast in her principles, she has a
deep and realistic understanding of the digital marketplace and its
practical and economic challenges. In turn, she recognizes the need to
work with others from all sides of every issue to achieve a more open,
affordable, and privacy-protective communications landscape.
Accordingly, she is well-respected by technology policy
stakeholders on both sides of the political aisle as well as by for-
profit and nonprofit institutions. Sohn possesses an unmatched level of
knowledge, leadership, and experience in her field, making her
extremely well qualified to serve as an FCC Commissioner.
Finally, we urge the Senate Commerce Committee to advance the
nomination of Davidson for Assistant Secretary of Commerce and
Administrator of NTIA without delay. Given his vast expertise in
technology policy and digital access issues, Davidson will be a steady
and effective leader at the NTIA. He has worked in policy areas such as
free expression, content regulation, encryption, and copyright, while
maintaining a commitment to the public interest. His experience and
skills make him well suited for his prospective role at the NTIA.
The FCC and NTIA have and will continue to play an extremely
important role in digital policy--particularly given the passing of the
Infrastructure Expansion Act of 2021 and the growing influx of Federal
money for broadband and digital inclusion programs. As such, strong and
effective leadership at the FCC and NTIA is crucial to ensuring a more
efficient and equitable digital future for America. We thus urge the
Senate Commerce Committee to promptly confirm the nominations of
Rosenworcel for FCC Chair, Sohn for FCC Commissioner, and Davidson for
NTIA Assistant Secretary of Commerce and NTIA Administrator.
Thank you,
Valerie Oliver ROBERT W STEWART
Alaska State Library Asbury Park Free Public Library
Mike Wassenaar Jason Hardebeck
Alliance for Community Media Baltimore City Mayor's Office
Alan Inouye Andrew Jay Schwartzman
American Library Association Benton Institute for Broadband &
Society
Sunne Wright McPeak TERI LAWRENCE
California Emerging Technology Fund Educational Professional Services
Stephen D Rau Donna Rattley Washington
Channelford Associates Inc Education SuperHighway
Shumonte Cooper Winston E. Himsworth
Christ is Relief Inc E-Rate Central
Elisabeth Perez Shirley Bauer
City of Portland E-Rate & Educational Services, LLC
Alexandria Felton Mary Jo Sagnella
City of San Jose E-RATE ONLINE
Dave Sevick John Chrastka
Computer Reach EveryLibrary Institute
Tom Reid Mai Moore
Connecting Appalachia EYEJ: Empowering Youth, Exploring
Justice
Bill Callahan Davis Park
Connect Your Community Institute Front Porch
Christine Fox Burt Lum
CoSN Hawaii Broadband Hui
Kimberly Friends Shawn Daugherty
CSM Consulting, Inc. Human-I-T
Erin Carr-Jordan W LAZONE GRAYS
Digital Equity Institute IBSA, Inc.
Pat Millen Erin Mote
E2D, Inc. InnovateEDU
Hank Lawrence Christopher Mitchell
Educational Consulting Associates Institute for Local Self-Reliance
Gwin Grimes Amanda Bergson-Shilcock
Jeff Davis County Library National Skills Coalition
Carrie Coogan Tracy Olson
Kansas City Public Library NC Telehealth Network Association
Michelle Harati Amy Sample Ward
Local Initiatives Support NTEN
Corporation (LISC)
Sulaiman Kenyatta Burton B. Cohen
Los Angeles County Economic Office of Consumer Counsel
Development Corporation
Josh Chisom Amy Philipson
Lucky Thirteen Design & Consulting Pacific Northwest Gigapop
LLC
Brandon Forester Barry Glicklich
MediaJustice Partners Bridging the Digital
Divide
Joseph Sawasky Jenna Leventoff
Merit Network, Michigan Public Knowledge
Katherine Messier Marci L. White
Mobile Beacon Redbud Telecom Consulting
Gina Dircks Jesse Bradley
Mobile Citizen, a Voqal Project Right Here, Right Now Project
Nishal Mohan John Windhausen
mohuman Schools, Health & Libraries
Broadband (SHLB) Coalition
Mariel Triggs Clayton Banks
MuralNet Silicon Harlem
Susan Corbett Jeannene Hurley
National Digital Equity Center Sound E-rate, Inc.
Angela Siefer Coree Kelly
National Digital Inclusion Alliance Southern Oregon Education Service
District
Julia Fallon Andy Stutzman
State Educational Technology Technology Learning Collaborative
Directors Association (SETDA)
JJ McGrath Samantha Schartman
Texoma Communications, LLC The Marconi Society
Robert Plymale Susan Benton
Thundercloud, Inc. Urban Libraries Council
Roger Timmerman Jessamyn West
UTOPIA Fiber Vermont Mutual Aid Society
Kristen Perry Jennifer Evans
Voqal West Hartford Community Interactive
Tessa Michaelson Schmidt
Wisconsin Department of Public
Instruction
______
The Leadership Conference on Civil and Human Rights
Washington, DC, November 16, 2021
SUPPORT SWIFT CONFIRMATION OF ROSENWORCEL, SOHN TO FEDERAL
COMMUNICATIONS COMMISSION
Senator Maria Cantwell,
Chair,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Senator Roger Wicker,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chair Cantwell and Ranking Member Wicker:
On behalf of The Leadership Conference on Civil and Human Rights, a
coalition charged by its diverse membership of more than 230 national
organizations to promote and protect the rights of all persons in the
United States, and the undersigned organizations, we write to convey
our strong support for the nominations of Jessica Rosenworcel and Gigi
B. Sohn to serve as chair and commissioner, respectively, of the
Federal Communications Commission (FCC). We urge the committee to
report the nominations to the full Senate favorably and promptly. At a
time when access to reliable, diverse news and information, as well as
affordable broadband and communications, is paramount, a fully staffed
FCC is a top priority for the Nation and for the constituencies we
represent. Both Ms. Rosenworcel and Ms. Sohn are exemplary nominees for
their respective positions and should be swiftly confirmed.
Universal and affordable access to telecommunications services and
diverse media enables vital communications with family, friends, and
employers; provides access to invaluable health information, emergency
services, social services, and education; and promotes participation in
our 21st century democracy and economy. Our coalition is committed to
ensuring that media and telecommunications policy affirms and extends
our Nation's longstanding commitment to civil rights.
Ms. Rosenworcel's direct experience with the commission, which
includes nine years at the agency, and most recently as acting chair,
demonstrates she is particularly well-positioned to lead the FCC at
this pivotal time. Under her leadership, the FCC successfully
implemented several time-sensitive and nationally important programs to
address the COVID-19 pandemic, including the Emergency Broadband
Benefit, which offers monthly financial support to low-income
households. Throughout her career, Ms. Sohn has dedicated herself to
the public interest, whether through her service on the Presidential
Advisory Commission on the Public Interest Obligations of Digital
Television Broadcasters, her advocacy for policies that promote
diversity and competition in the non-profit sector, or her time at the
FCC as a senior counselor to the chairman.
Both nominees have shown they will establish a collaborative
process and dialogue with the civil rights community as well as consult
with the community members who are often left out of commission
deliberations, including people of color, people with disabilities,
low-income communities, incarcerated individuals, and other
marginalized communities. In addition, both nominees would bring
diversity to the commission. If confirmed, Ms. Rosenworcel would be the
FCC's first permanent female chair and Ms. Sohn would be the
commission's first openly LGBTQ commissioner.
Without confirmation of both nominees to these positions this year,
the FCC will be left with only three commissioners. The need for swift
action on these nominations is therefore critical. After nine months
without a working majority, the FCC has a significant workload before
it. The civil rights agenda at the FCC requires rapid, focused
attention. Congress has now adopted the Affordable Connectivity
Program, an improved, permanent version of the Emergency Broadband
Benefit, and the commission will need to move quickly to implement this
program and ensure that all the commission's programs for low-income
people are more effective and easier for their beneficiaries to use.
Other civil rights priorities include finishing the congressionally
mandated 2018 Quadrennial Review this year; completing the next review
that will start immediately in 2022; implementing Congress' directive
to collect equal employment opportunity data in this sector; and a
long-delayed proceeding addressing the dysfunctional market and unjust
practices in incarcerated communications.
There is a tremendous overlap between media and telecommunications
policies and civil rights, and the FCC's leaders must apply that
understanding in setting the commission's agenda. To that end, we urge
the committee to discuss with the nominees the importance of placing
civil rights at the center of the commission's agenda and to press them
to create an Office of Civil Rights to ensure every aspect of the
agency's docket is consistent with our Nation's highest values.
Moreover, the FCC is in a unique position to address privacy in the
industries it oversees. Processing of personal data should promote
equity and justice as it enhances safety, economic opportunity, and
convenience for all.
Ms. Rosenworcel and Ms. Sohn are highly qualified, possess deep
knowledge of the challenges faced by disadvantaged populations, and
have a demonstrated commitment to collaboration with civil rights
stakeholders. For these reasons, the Senate Committee on Commerce,
Science and Transportation should move quickly to report these nominees
favorably to the full Senate. Should you have any questions, please
contact Leadership Conference Media/Telecommunications Task Force Co-
Chair Cheryl Leanza, United Church of Christ Media Justice Ministry, at
[email protected] or Bertram Lee, Jr., media/tech counsel, at
[email protected].
Sincerely,
The Leadership Conference on Civil and Human Rights
A. Philip Randolph Institute
AFL-CIO
American Federation of State, County and Municipal Employees (AFSCME)
American Federation of Teachers
Andrew Goodman Foundation, Inc.
Asian Americans Advancing Justice--AAJC
Center for Disability Rights
Clearinghouse on Women's Issues
Communications Workers of America
Crescent City Media Group
Equality California
Feminist Majority Foundation
Hispanic Federation
Japanese American Citizens League
League of Conservation Voters
MediaJustice
National Black Justice Coalition
National Council of Asian Pacific Americans
National Fair Housing Alliance
Public Advocacy for Kids (PAK)
Public Citizen
Silver State Equality-Nevada
Southern Echo Inc.
The Trevor Project
United Church of Christ Media Justice Ministry
______
November 17, 2021
Dear Senators Sinema and Kelly,
We write to convey the rapidly growing urgency to confirm Jessica
Rosenworcel as the Federal Communications Commission (FCC) permanent
chair and Gigi Sohn as a fifth commissioner. The FCC will have a 2-1
Republican majority if the Senate does not confirm Rosenworcel and Sohn
by the end of the year. The Senate must act quickly.
Arizona needs a fully functional FCC to help close the digital
divide, particularly acute in our state. In eight of Arizona's fifteen
counties, more than two-thirds of households lack access to high-speed
broadband.\1\ Low-income families, Native Americans, and people of
color are disproportionately disconnected, compounding grave
inequalities that were made worse during the pandemic.
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\1\ https://www.azcentral.com/story/money/business/tech/2021/07/07/
broadband-access-arizona/47204697/
---------------------------------------------------------------------------
Broadband access is a significant problem for families living on
reservations in Arizona. Tribes are some of the least connected
communities in the United States, and eighteen percent of tribal
reservation residents have no Internet access at home.\2\ The 22
federally recognized Tribes in Arizona face unique connectivity
challenges at a time when broadband access has proven essential for
distance learning, telehealth appointments, meetings over video
platforms, connecting to remote work, and much more.
---------------------------------------------------------------------------
\2\ https://aipi.asu.edu/sites/default/files/
tribal_digital_divide_stimulus_bill_advocacy.pdf
---------------------------------------------------------------------------
Given the legislative calendar and the diminishing number of days
for hearings and confirmation votes, we have reached a critical point
to guarantee the agency charged with ensuring affordable communications
access can do its work. Failing to confirm a permanent chair and a
fifth commissioner leaves the FCC less than fully operational and
limits its capacity to most effectively:
Finish long-overdue reforms to the FCC's outdated and
inaccurate broadband maps, which are used to direct Federal
infrastructure investments;
Strengthen the Lifeline program, which helps low-income
households afford telephone and Internet service;
Create rules to make our Nation's communications networks
more reliable and resilient to natural disasters and other
threats;
Guide the deployment of new broadband infrastructure built
with Federal dollars to make it as effective as possible;
Protect consumers and workers from anticompetitive, job-
killing mergers in the telecommunications sector;
Approve emergency waivers for E-rate funded infrastructure
to be opened up for remote education; and
Meet the challenge of the 2018 Broadcast Ownership
Quadrennial Review and halt the dangerous trend towards
consolidated ownership in broadcasting by reasserting
principles of localism, competition and ownership diversity.
The FCC has the singular ability to ensure affordable and reliable
communications for all. The pandemic showed us the unshakable image of
children doing their classwork from fast-food parking lots using
borrowed WiFi. We cannot let those students or any family wait any
longer. If we are to reach the goal of having a country where everyone,
no matter their address or size of their bank account, has affordable
access to high-speed internet, we need a full commission immediately.
We urge Congress not to lose any more time and to confirm Jessica
Rosenworcel and Gigi Sohn by the end of the year.
Sincerely,
Cat's in the Cradle New Life Sanctuary
Common Sense
Gila River Telecommunications, Inc.
LISC Phoenix
Native Public Media
NTEN
Red Rock Mountain Studios LLC
Rural Arizona Action
Swinging Sixties Productions
Terabyte Media LLC
______
IdeaTek
November 22, 2021
Hon. Jerry Moran,
United States Senate,
Wichita, KS.
Dear Senator Moran:
I am writing in support of the nomination of Gigi Sohn to the
Federal Communications Commission.
As you know, IdeaTek is a Kansas-based small broadband provider
that has strived to compete against the larger incumbent carriers for
many years. We have been able to offer more efficient and affordable
service to consumers and small businesses in Kansas due to our ability
to compete in the monopoly-dominated broadband market.
While Ms. Sohn may have some more progressive views on matters that
you and I may disagree with, she has been a strong advocate for small
competitive broadband companies throughout her thirty-year career. We
strive for customers to have freedom and choice when it comes to
broadband services, and competitiveness is a crucial part of that
mission. This issue outweighs other potential policy changes she may
advocate for, as Ms. Sohn's commitment to competitiveness is essential
for the future of broadband.
Ms. Sohn is a respected lawyer and previously served in a key role
at the FCC under a former Chair. She has an excellent understanding of
the complex issues facing the FCC today and in the near future. It is
my hope that you can join me in recognizing the dedication she displays
to competitiveness in broadband, and the value she could bring to the
agency and the industry it oversees.
Sincerely,
Daniel Friesen,
Managing Partner
& Chief Innovation Officer.
______
Computer and Communications Industry Association
Fiber Broadband Association
INCOMPAS
November 23, 2021
Hon. Maria Cantwell,
Chair,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Roger Wicker,
Ranking Member,
Committee on Commerce, Science, and Transportation
United States Senate,
Washington, DC.
Re: Nomination of Acting-Chairwoman Jessica Rosenworcel for Chairman,
Federal Communications Commission (FCC)
Nomination of Ms. Gigi B. Sohn for Commissioner, FCC
Nomination of Mr. Alan Davidson for Administrator of the National
Telecommunications and Information Administration (NTIA)
Dear Chair Cantwell and Ranking Member Wicker:
The undersigned communications industry trade organizations write
in support of President Biden's nominees for the FCC and NTIA and urge
their swift consideration by your committee and final confirmation by
the Senate.
The telecommunications industry is an important part of the U.S.
economy accounting for over 2 percent of Gross Domestic Product. The
telecommunications sector is responsible for as many as 10 million jobs
and trillions of dollars of investment. Decisions of the FCC and NTIA
impact every American consumer.
The recently enacted Infrastructure Investment and Jobs Act (IIJA)
gives both agencies important roles. Additionally, both agencies are in
the process of administering programs authorized through the CARES Act
of 2020 and American Rescue Plan of 2021 Act which include several
programs to address pandemic related telecommunications issues. A full
complement of five FCC Commissioners and a permanent Administrator for
NTIA is vital to implement these programs and ensure progress on
critical initiatives for our country, including broadband accessibility
and affordability, roll out of 5G, and securing telecommunications
networks.
The Administration has nominated Ms. Rosenworcel, Ms. Sohn and Mr.
Davidson. Each of these nominees is eminently qualified to hold the
positions for which they have been nominated and possess the academic
background, the qualifications, and expertise to serve as leaders on
telecommunications policy.
Given the once in a generation level of the investment the
government is making in broadband to advance our nation, we urge the
Senate to move quickly to confirm nominees for these key positions.
Respectfully submitted,
Matthew Schruers,
President,
CCIA.
Gary Bolton,
President & CEO,
Fiber Broadband Association.
Chip Pickering,
CEO,
INCOMPAS.
______
November 29, 2021
Hon. Maria Cantwell,
Chair, Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Roger Wicker,
Ranking Member on Commerce, Science, and Transportation,
Washington, DC.
Dear Chairwoman Cantwell and Ranking Member Wicker:
We write to offer our strong support for the nomination and swift
confirmation of Gigi Sohn to serve as Commissioner to the Federal
Communications Commission (FCC). Although we don't agree with Gigi on
every communications policy matter, she is a thoughtful and pragmatic
leader who is willing to work across the aisle and across the
ideological spectrum to make progress to ensure that all U.S.
households have robust broadband. She has helped improve the quality of
life for rural underserved communities with her work on rural broadband
deployment and adoption policies.
Ms. Sohn regularly works to forge relationships and alliances with
stakeholders across the aisle and with diverse community leaders. When
industry has sought the involvement of someone to represent consumer
interests, they seek out Gigi first because of her credibility and
fairness. For example, she served as Co-Chair of the Broadband Internet
Technology Advisory Group (BITAG), which convened network engineers and
technical experts from industry and academia to examine and develop a
consensus on Internet network management practices. The purpose of
BITAG was to assist in the creation of acceptable industry standards,
as opposed to heavy handed enforcement and regulation.
Over Ms. Sohn's 30 years of experience in telecommunications,
broadband and technology policy has shown she has a strong commitment
to the First Amendment. She has regularly worked with organizations
representing conservative media interests to ensure all voices and
views are heard both as a consumer advocate and as a government
official. The FCC will make critical decisions to maintain a
competitive and open media environment. Her consistent and long held
support of diversity in viewpoints in media will serve all voices well.
We are confident that Ms. Sohn will take her pragmatic and
collaborative skills to her new role at the FCC as a commissioner if
confirmed by the Senate.
Sincerely,
Hilda Gay Legg--Former USDA Rural Chip Pickering--CEO of INCOMPAS,
Development State Director for Former Republican Congressman from
Kentucky and the Former Mississippi
Administrator for RUS
Chad Rupe--managing member of Rural Daniel Linville--West Virginia
America Strategies LLC House of Delegates--Chairman of
the Committee on Technology and
Infrastructure
Judson Hill--Former Republican
Georgia State Senator
______
Alarm Industry Communications Committee
November 30, 2021
Maria Cancel,
Chairwoman,
Senate Committee on Commerce,
Washington, DC.
Roger Wicker,
Ranking Republican,
Senate Committee on Commerce,
Washington, DC.
Dear Chairwoman Cantwell and Ranking Republican Wicker,
The Alarm Industry Communications Committee (AICC) strongly
supports the nominations of Jessica Rosenworcel as Chairwoman of the
Federal Communications Commission (FCC) and Gigi Sohn for FCC
commissioner.
Based upon our observations and experiences in working with both
nominees, we have found them to fully understand and recognize the key
role that telecommunications plays in helping to ensure public safety.
They have both proven to be very accessible and willing to listen and
learn how issues before the FCC would impact the ability of alarm
monitoring companies to respond to emergencies experienced by
individuals and businesses as a result of a break in, fire, carbon
monoxide incident or in the case of seniors a health emergency that
requires the dispatch of emergency responders.
They have both demonstrated strong support for consumer rights
while at the same time being willing to understand the concerns of the
small business-dominated alarm industry which is a key partner in the
public safety network. An added benefit is that they both have a long
history of working on telecommunications issues both inside and outside
the FCC, which would make them immediately ready to address the myriad
of issues before the Commission.
We urge the Senate to expeditiously take up and confirm the
nominations of both these highly qualified candidates.
Sincerely,
Lou Fiore,
Chairman,
Alarm Industry Communications Committee.
______
NENA Statement on FCC Nominations--
National Emergency Number Association
Tuesday, November 30, 2021
Posted by: Chris Nussman
On October 26, President Biden appointed Jessica Rosenworcel to
Chair the Federal Communications Commission and Gigi Sohn to serve as
the fifth Commissioner. NENA is proud to support both of their
nominations. Nominees Rosenworcel and Sohn have shown deep dedication
to improving the 9-1-1 emergency system and a commitment to public
safety during their careers. NENA appreciates their tremendous
leadership and encourages the Committee and Senate to vote in support
of both their nominations.
As Acting Chair, Jessica Rosenworcel has been a champion for Next
Generation 9-1-1 (NG9-1-1) and has worked tirelessly as Commissioner to
help ensure FCC-regulated providers are capable of meeting the needs of
public safety. In addition to pushing for improved requirements and
industry accountability in carrying out the requirements of Kari's Law
and RAY BAUM'S Act, she has been an indefatigable champion for improved
network resiliency and supported essential Federal funding for the NG9-
1-1 transition.
During Gigi Sohn's tenure at the FCC, her work not only improved
requirements for 9-1-1 caller location accuracy, but also requirements
for text-to-9-1-1--an essential tool for millions of Americans in need
every day. Her work also helped elevate the need to tackle issues of
funding and deploying NG9-1-1 in public-safety answering points
nationwide. We look forward to working with Sohn as she advances the
Commission's work to fund ``middle mile'' Internet infrastructure that
will serve as an essential foundation to ensure underserved and rural
communities have access to NG9-1-1.
We at NENA look forward to working with both nominees on issues
pressing to the public safety community.
______
Hon. Chuck Schumer,
Senate Majority Leader,
Washington, DC.
Hon. Maria Cantwell,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Mitch McConnell,
Senate Minority Leader,
Washington, DC.
Hon. Roger Wicker,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
November 30, 2021
Dear Senate Majority Leader Schumer, Minority Leader McConnell, Chair
Cantwell and Ranking Member Wicker,
We are writing to urge the swift and concurrent confirmation of
Jessica Rosenworcel and Gigi Sohn for the Federal Communications
Commission and Alan Davidson for the National Telecommunications and
Information Administration. These agencies urgently need Senate-
confirmed leaders to address the critical need for affordable and
resilient access to the open Internet in the midst of a global pandemic
and worsening climate crisis. Through bipartisan infrastructure
legislation, Congress has given these agencies enormous tasks on tight
deadlines. These exceptional nominees' appointments so late in the year
means there can be no delay in confirming them and getting started in
earnest on all of that urgent work.
These three nominees each bring decades of experience, a commitment
to the public interest, and the skills necessary to fulfill the
missions of these agencies.
Jessica Rosenworcel's tenure at the FCC makes her an exceptional
pick for FCC Chair. She is a respected and principled advocate with a
proven record of fighting for the public interest. She has long
championed efforts to ensure everyone in America, particularly
schoolchildren, have affordable and reliable high-speed broadband to
provide them with the tools they need for a successful future.
Chairwoman Rosenworcel's efforts to close the ``homework gap'' embody
that commitment. As Acting Chair, she quickly and successfully launched
the Emergency Broadband Benefit, a program that is now helping millions
of Americans afford access to the internet.
For over 30 years, Gigi Sohn's priority has been ensuring that
modern communications networks are available to everybody, regardless
of who they are or where they live. Her life's work has embodied the
standard on which the FCC bases its decisions: the public interest. She
served as a top aide to FCC Chairman Tom Wheeler and helped found and
lead a non-profit focused on promoting an open and competitive
communications and technology market. She has a proven record of
bringing together varied stakeholders, including public interest
advocates and companies, in bipartisan coalitions to fight for
equitable broadband policies, consumer protections, competition and the
open internet.
Alan Davidson has over 20 years of experience in government,
industry and public interest advocacy, making him an ideal candidate to
take up the interagency work of the NTIA, and to guide not only NTIA's
existing spectrum allocation and broadband policy work, but also its
greatly increased grantmaking and coordinating role in implementation
of the bipartisan infrastructure bill's broadband funding provisions.
Even before the pandemic struck over 21 months ago, 2019 Census
data showed that nearly 80 million people in the U.S. did not have
adequate broadband at home.\1\ According to that data, poor families
and people of color are disproportionately disconnected--only 48
percent of low-income households had a fixed broadband connection at
that time, and 13 million Black people, 18 million Latinx people and
1.3 million Indigenous people lacked this kind of adequate home
connectivity.\2\ Digital divide indicators like education and income
disparities demonstrate that many Asian American and Pacific Islander
(AAPI) communities and ethnic groups are also disproportionately
impacted, and some AAPI communities and individuals with reduced
English proficiency levels may adopt broadband at lower rates than the
national average.\3\
---------------------------------------------------------------------------
\1\ See Comments of Free Press, FCC GN Docket No. 20-269, at 4
(filed Sept. 18, 2020), https://www.freepress.net/sites/default/files/
2020-09/free_press_2020_section_706_inquiry_com
ments.pdf.
\2\ See id.
\3\ See Asian Americans Advancing Justice, Telecommunications and
Technology Fact Sheet, https://advancingjustice-aajc.org/sites/default/
files/2020-02/Lifeline%20Backgrounder.pdf.
---------------------------------------------------------------------------
At the same time communities across the country are facing more
frequent extreme weather events due to the climate crisis, and those
events are taking down crucial communications infrastructure on an
increasingly regular basis.
And while Congress passed historic legislation to address broadband
affordability and accessibility for both urban and rural communities in
the midst of the pandemic, the FCC and NTIA's ability to administer
these Congressional directives--as well as their ability to promote
affordability, competition, privacy, sound spectrum policy, and network
resiliency along with other consumer protections using existing
authorities--has been limited by the deadlocked FCC and the lack of an
Assistant Secretary at NTIA.
Any delay in confirming all three of these nominees will stall
progress on achieving those goals and ensuring that everyone in the
United States is able to access robust, affordable high-speed internet.
We urge you to confirm these three public-interest champions before
the Senate recesses at the end of the year. Thank you for your
attention to this urgent matter.
Sincerely,
18 Million Rising
Access Humboldt
Akaku Maui Community Media
Alliance for Community Media
American Library Association
Appalshop Community Media Initiative
Benton Institute for Broadband & Society
Branford Community Television
California Center for Rural Policy
California Clean Money Campaign
Capital Community Media
CATS Community Access Television Services
Center for Accessible Technology
Center for Democracy & Technology
City of New Bedford Cable Access--New Bedford, MA
Color Of Change
Common Sense
Communications Workers of America
Communities Closing the Urban Digital Divide
Community Media Access Collaborative
Decode Democracy
Demand Progress Education Fund
Democracy for America
Derry Community Access Media
Duluth Public Access Community Television
Electronic Frontier Foundation
Engine
FC Public Media
Fight for the Future
Free Press Action
Friends of the Earth
Granby Community Access and Media, Inc.
The Greenlining Institute
Greenpeace USA
Hawaii Consumers
Illinois for Educational Equity
Indivisible Sacramento
Institute for Local Self-Reliance
Libraries Without Borders U.S.
Local TV, inc
Lynn Community Television
Massachusetts Community Media dba MassAccess
Media Alliance
Media, Inequality & Change Center
MediaJustice
Melrose Massachusetts Television
Movement Alliance Project
Mozilla Foundation
National Association of the Deaf
National Consumers League
Native Public Media
Newark for Educational Equity & Diversity
The New Hampshire Coalition for Community Media
North Shore TV
NTEN
OD Action
The OMNI Centre for Public Media, Inc.
OMNI Productions
Open MIC (Open Media and Information Companies Initiative)
Open Technology Institute
OpenMedia
Orion Neighborhood Television (ONTV)
The Other 98%
Our Revolution
PhillyCAM
Presente.org
Progress America
Public Knowledge
Revolving Door Project
RootsAction.org
Salem Community Television, Salem NH
Salina Media Connection; Community Access TV of Salina, Inc.,
San Diego Futures Foundation
Tahoe Truckee Media
Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI)
TURN--The Utility Reform Network
United Church of Christ Media Justice Ministry
Valley Shore Community Television Inc.
Western New York Library Resources Council
Winchester Community Access & Media, Inc.
Writers Guild of America West
X-Lab
______
December 6, 2021
Hon. Chuck Schumer,
Majority Leader,
United States Senate,
Washington, DC.
Hon. Mitch McConnell,
Minority Leader,
United States Senate,
Washington, DC.
Re: FCC and NTIA Nominations
Dear Majority Leader Schumer and Minority Leader McConnell:
As technology and telecommunications leaders who are working to
connect consumers and businesses to critical communications services
across our great nation that are used to support every economic sector,
including agriculture, education, health care, and manufacturing, we
are writing today to express our strong support for expeditiously
confirming President Biden's nominees to the Federal Communications
Commission (FCC) and the National Telecommunications and Information
Administration (NTIA).
FCC Chairwoman Jessica Rosenworcel, Ms. Gigi Sohn, and Mr. Alan
Davidson have demonstrated through their many years of service in the
technology and telecommunications sector, that they have the expertise
and requisite skills required for their positions. With almost a decade
of service as a Commissioner, now-Chairwoman Rosenworcel has
effectively managed the FCC during a global pandemic and has
implemented key emergency programs to connect students and families to
broadband. Ms. Sohn is a well-known public advocate and thought leader
with thirty years of experience who has focused her work on ensuring
that modern communications services are available to every consumer. As
a senior executive in the tech industry, Mr. Davidson has managed
complex matters and has been a leader on open and accessible policies,
enabling modern communications technology options in the U.S.
Both the FCC and NTIA are important agencies for advancing the
Nation's broadband and communications connectivity goals, and they are
in need of their full and permanent leadership to fulfill their
missions as soon as possible. We urge you to move their nominations
forward and confirm them.
Sincerely,
Douglas Denney,
VP Legal & Regulatory,
Allstream,
Vancouver, WA.
Chris Levendos,
Executive Vice President
and Chief Operating Officer--Fiber,
Crown Castle,
Houston, TX.
Jeff Blum,
Senior Vice President, Public Policy and Government Affairs,
DISH,
Englewood, CO.
Gregory A. Aymar,
Chief Executive Officer,
FiberComm,
Sioux City, IA.
Kurt Van Wagenen,
President and Chief Executive Officer,
FirstLight Fiber,
Albany, NY.
Gary Watts,
Chief Executive Officer,
Fuse.Cloud,
Jackson, MS.
Michael B Galvin,
EVP & General Counsel,
Granite Telecommunications, LLC,
Quincy, MA.
Fletcher Kittredge,
Chief Executive Officer,
GWI,
Biddeford, ME.
Edward E. Hilliary, Jr.,
Managing Partner,
Hilliary Communications, LLC,
Lawton, OK.
Jerrod Reimer,
President and CEO,
IdeaTek,
Buhler, KS.
Edward J. O'Hara,
Chief Executive Officer,
Inteliquent,
Chicago, IL.
Andoni Economou,
Chief Operating Officer,
MetTel,
New York, NY.
Dane Jasper,
Chief Executive Offer,
Sonic Telecom,
Santa Rosa, CA.
Rebecca H. Sommi,
VP Vendor Management,
Specrotel Holding Company LLC,
Neptune, NJ.
Chet Kanojia,
Chief Executive Officer,
Starry, Inc,
Boston, MA.
Joshua Broder,
Chief Executive Officer,
Tilson,
Portland, ME.
Kenny Gunderman,
Chief Executive Officer,
Uniti Group, Inc.,
Little Rock, AR.
Brian Worthen,
Chief Executive Officer,
Visionary Broadband,
Gillette, WY.
Ray LaChance,
Co-Founder and Chief Executive Officer,
ZenFi Networks,
New York, NY.
Ted Gilliam,
General Counsel, Strategic and Regional Sales,
Zayo,
Boulder, CO.
______
Fuse Media
Glendale, CA, December 9, 2021
Hon. Maria Cantwell,
Chairman, Senate Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Roger Wicker,
Ranking Member,
Senate Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Ben Ray Lujan,
Chairman, Senate Subcommittee on Communications, Media, and Broadband,
United States Senate,
Washington, DC.
Hon. John Thune,
Ranking Member, Senate Subcommittee on Communications, Media, and
Broadband,
United States Senate,
Washington, DC.
Dear Chairmen Cantwell and Lujan, and Ranking Members Wicker and Thune,
As the CEO of one of the few minority-owned-and-managed media
companies in the country, I offer my full support for Gigi Sohn's
confirmation to be FCC Commissioner and urge the Senate Commerce
Committee to confirm her nomination without hesitation.
Latino-owned Fuse Media is a multicultural focused, multiplatform
entertainment company that serves its millennial and Gen-Z audience
through a portfolio of streaming and television brands. With a mandate
to keep inclusion and representation at the forefront of all creative
and business decisions, I am proud to state that 100 percent of Fuse
original series include Latinos and people of color. But we cannot do
this job alone and, as a champion of diversity and inclusion in media
and media ownership, Ms. Sohn has proven herself to be a much-needed
advocate for communities that continue to be underrepresented in media,
despite their prevalence in society.
We know that media plays a critical role in the way we perceive
ourselves and others, yet underrepresented communities still struggle
to find content that genuinely, accurately, and respectfully reflects
their cultures and experiences. While U.S. Census data show Latinos
comprising nearly 20 percent of the U.S. population, the most recent
Annenberg Inclusion Initiative study revealed that across media, only
about 5 percent of speaking or named characters during 2019 featured a
Hispanic or Latino actor. Many of those roles tend to reinforce
negative stereotypes.
It therefore is imperative that smaller, independent media
companies committed to equal and positive presentation of
underrepresented minorities are given room and resources to thrive in
an increasingly consolidated media landscape. Ms. Sohn has proven her
commitment to ensuring such equity.
Fuse Media believes that audiences and consumers will benefit from
Gigi Sohn's confirmation as FCC Commissioner. Her commitment to
diversity of ownership and viewpoints, along with her support for
independent voices, will allow entertainment providers and companies of
all sizes to be on a more level playing field, ultimately creating
opportunities for more representation and inclusion in media.
Sincerely,
Miguel Roggero,
Chief Executive Officer.
cc:
Senator Amy Klobuchar
Senator Richard Blumenthal
Senator Brian Schatz
Senator Ed Markey
Senator Gary Peters
Senator Tammy Baldwin
Senator Tammy Duckworth
Senator Jon Tester
Senator Kyrsten Sinema
Senator Jacky Rosen
Senator John Hickenlooper
Senator Raphael Warnock
Senator Roy Blunt
Senator Ted Cruz
Senator Deb Fischer
Senator Jerry Moran
Senator Dan Sullivan
Senator Marsha Blackburn
Senator Todd Young
Senator Mike Lee
Senator Ron Johnson
Senator Shelley Moore Capito
Senator Rick Scott
Senator Cynthia Lummis
______
LGBTQ Victory Institute
Washington, DC, December 10, 2021
Maria Cantwell,
Chair,
U.S. Senate Committee on Commerce, Science, and Transportation.
Roger Wicker,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation.
Dear Chair Cantwell and Ranking Member Wicker,
As President and CEO of the LGBTQ Victory Institute, I write to
support Gigi Sohn in their candidacy to serve as FCC Commissioner
within the Biden-Harris Administration.
Victory Institute works to achieve and sustain global LGBTQ
equality through leadership development, training, and convening to
increase the number, expand the diversity, and ensure the success of
openly LGBTQ elected and appointed officials at all levels of
government.
Through her 30+ years of work in the non-profit sector and as
Counselor to former FCC Chair Tom Wheeler, Gigi has demonstrated her
dedication to ensuring that every American household has affordable and
robust broadband Internet. We have worked closely with Gigi Sohn in the
past; much of the work we do at the LGBTQ Victory Institute would not
be possible without partners like Gigi in our Federal government. In
addition to skillfully advancing America's interests, Gigi Sohn also
proudly represents the LGBTQ community. Gigi would be the first openly
LGBTIQ+ Commissioner of the FCC. There have been only a handful of
openly LGBTIQ+ Commissioners of independent agencies history.
We are thankful for Gigi's continued service. We emphatically
encourage the Biden-Harris Administration to move quickly to take
advantage of Gigi's exceptional experience and expertise, and continue
to give effect to the President's commitment that this Administration
`look like America'.
I would be happy to further discuss with you Gigi Sohn's impressive
credentials.
Sincerely,
Mayor Annise Parker,
President & CEO.
______
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
______
Sun Corridor Network
Tempe, AZ
Dear Senator Sinema:
I hope you are doing well and enjoying a healthy start to 2022. I
am writing in support of President Biden's nomination of Gigi Sohn to
serve as a Commissioner of the Federal Communications Commission (FCC).
Arizona is ranked 36th in the Nation for broadband coverage. 31
percent of Arizonans are either unserved or underserved. This is not
only a rural challenge. For example, the Phoenix, Arizona neighborhood
of Maryvale, a densely populated, urban area, is underserved, with two-
thirds of households without Internet.
Throughout the pandemic, broadband access has proven to be a key
infrastructure investment that Arizonans understand is vital for
advancing our education, healthcare, and workforce development. As
Arizona's Research and Education Network the Sun Corridor Network (SCN)
witnessed firsthand the difficulties in unserved and underserved
communities as teachers and students sought to engage in education with
insufficient capabilities. SCN worked diligently with schools,
communities, and our university partners by providing mobile hotspots,
wireless networking, and other technology, yet students in areas
lacking broadband coverage were still challenged to access their
classes. This was especially true on tribal lands.
Ms. Sohn's number one priority is getting robust broadband
everywhere, to rural and urban areas and to tribal lands. When she was
at the FCC she worked closely with the Office of Native American Policy
and with tribal leaders. She has been very supportive of legislative
and policy efforts to expand broadband deployment on tribal lands and
to give tribes more control over spectrum on tribal lands. This
includes, among other things, extending the 2.5GHz tribal priority
window.
Ms. Sohn has supported the broadband infrastructure bill
(Infrastructure Investment & Jobs Act), that requires states to provide
funding to unserved areas first and then to underserved areas. Combined
with funding from other bills passed by Congress in 2020 and 2021,
there is a real opportunity to make enormous progress in closing the
digital divide.
Ms. Sohn has a long history of reaching out to and sitting down
with people who disagree with her position to try and find common
ground. She has done so whether someone is from a different political
party or from industry--even when doing so has put her at odds with
some in the public interest community. I believe that Ms. Sohn is the
best person to move the FCC forward and help close the digital divide.
I encourage you to support the nomination of Ms. Sohn to the open
seat on the FCC to continue to advance our interests here in Arizona.
As always, I am happy to speak with you further if you have questions
or insights.
Sincerely,
Derek Masseth,
Executive Director,
Sun Corridor Network.
______
January 3, 2022
Sen. Maria Cantwell,
Chair,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Sen. Roger Wicker,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Re: Nomination of Gigi Sohn to the Federal Communications Commission
(FCC)
Dear Chair Cantwell and Ranking Member Wicker,
We write to express our support for Ms. Gigi Sohn to be a
commissioner at the FCC. We have each served as the Chief of the Public
Safety and Homeland Security Bureau at the FCC. We are fully familiar
with the responsibilities of that Bureau at the FCC, its authorities,
and the important role FCC commissioners play in ensuring that first
responders and the public can communicate reliably and effectively,
especially in emergencies.
Based on our knowledge and experience with the public safety
communications role of the FCC, our knowledge of FCC Commissioner
nominee Gigi Sohn, and our work and dedication to make the public
safer, we enthusiastically recommend that you confirm Gigi Sohn to
serve as an FCC Commissioner.
Ms. Sohn's years of advocacy in support of the FCC ensuring that
our first responders have the reliable, resilient, and secure
communications resources they need, and that public safety
communications be given the priority they deserve given their
criticality to mitigate harm, reflect her qualifications for the job.
We know and appreciate that Ms. Sohn has been focused for a long time
on what the FCC must do to make the public safer. She advocates that
even as technology changes, it is of the highest priority for the FCC
to use the authority it has to ensure that first responders have the
communications support that they need, and that the public can reach
help in an emergency over the vital commercial networks that the FCC
regulates. She views these technology changes as opportunities to
further facilitate emergency communications.
The Committee need look no further than its own proceedings to see
Ms. Sohn express her commitment in this area, her appreciation of these
concerns, and her advocacy of the importance of effective and reliable
communications for first responders and for the public in emergencies.
For example, on July 25, 2013, Ms. Sohn testified to this Committee:
--``Public safety rules must ensure that emergency services
like 9-1-1 and geolocation technologies continue to help first
responders offer emergency care, regardless of whether the
network that the customer uses is wireless or wireline, copper
or fiber.'' \1\
---------------------------------------------------------------------------
\1\ https://www.commerce.senate.gov/services/files/C5B12974-F5D6-
48F9-99DC-2854DF0C2F
C7 (p.12)
--``[T]he moments in which the public relies upon emergency
services like 9-1-1 are literally life-or-death, and it is
crucial that policymakers implement rules that maintain the
public safety components of the phone network.'' \2\
---------------------------------------------------------------------------
\2\ Ibid.
Ms. Sohn's views and advocacy to this Committee in 2013 of the
criticality of public safety communications to the FCC's mission, first
responders and the public, also was clearly reflected in her recent
testimony to the Committee in connection with her nomination to the
Commission. She outlined her views in responding to Questions for the
---------------------------------------------------------------------------
Record (QFRs):
--``I would seek to ensure that every rulemaking, adjudication
and decision of the Commission considers the potential
implications for public safety. In particular, the Commission
must ensure that police, firefighters and other first
responders have access to the resources they need--especially
in times of crisis.'' \3\
---------------------------------------------------------------------------
\3\ Questions for the Record, Senate Committee on Commerce, Science
and Transportation, ``Nominations of Gigi Sohn, to be a Commissioner of
the Federal Communications Commission; Alan Davidson, to be Assistant
Secretary of Commerce for Communications and Information, DOC; Viquar
Ahmad, to be Assistant Secretary for Administration and Chief Financial
Officer, DOC; and Jed Kolko, to be Under Secretary of Commerce for
Economic Affairs, DOC'' (Dec. 1, 2021).
--She testified specifically about ensuring that no
interference with public safety communications will be
tolerated: ``As a first priority, I would seek to ensure that
public safety communications cannot be blocked or throttled.''
\4\
---------------------------------------------------------------------------
\4\ Ibid.
--Likewise, she cited the importance of ensuring that first
responders have ``adequate and secure spectrum . . .'';
``robust communications networks . . . [reliable] during
national disasters or terrorist attacks''; ``network
reliability and resiliency''; and her commitment to ``consult
regularly with law enforcement, firefighters, EMTs and other
first responders to ensure that the unique needs of each
community are met.'' She cited the illegal use of contraband
cell phones by incarcerated individuals as a law enforcement
concern that she would work to address ``consistent with the
FCC's statutory authority.'' \5\
---------------------------------------------------------------------------
\5\ Ibid.
Each of us believe that Ms. Sohn, as a commissioner, would be a
strong advocate for the public safety and homeland security
communications policies and initiatives that are critical to the
American people and first responders. We are deeply familiar with that
mission and the important role that the FCC plays. Confirming Ms. Sohn
would enable her to bring her understanding, prioritization, and
commitment to these issues to the Commission. It is not only our words,
but her own words as well, that speak to her understanding of this,
long before she was nominated for this role.
We urge the Committee to confirm Gigi Sohn expeditiously so she can
get to work on the important mission Congress has charged the FCC with
advancing. She is someone we believe will be a strong, effective, and
knowledgeable advocate for the public's safety as an FCC Commissioner.
Jamie Barnett,
RDML, USN (Retired).
David S. Turetsky.
______
Communications Workers of America
Washington, DC, January 6, 2022
Hon. Maria Cantwell,
Chair,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chair Cantwell,
I am writing to urge swift action on the nomination of Gigi Sohn
for Commissioner of the Federal Communications Commission (FCC).
Throughout her career, Gigi has been a staunch advocate for the
expansion of affordable Internet access. During the T-Mobile/Sprint
merger, Sohn was a key ally in the fight to protect the jobs of the
working families who ultimately ended up being harmed by the merger.
She fights to ensure that working people and underrepresented
communities are front and center in charting the course for an
equitable communications and media ecosystem. Additionally, she
supports constructive collaboration with states to ensure effective
oversight of broadband services and infrastructure.
Gigi's voice, experience, and expertise are just what the FCC needs
during a period of increased Federal investment in broadband networks
and digital equity initiatives. She has demonstrated her commitment to
consumers and workers in the telecommunications industry throughout her
career in public interest advocacy and government service, and again
demonstrated her expertise and strong credentials to be an FCC
Commissioner at her December 1st, hearing before the U.S. Senate
Committee on Commerce, Science and Transportation.
Gigi's tireless advocacy for communications infrastructure that
equitably serves all Americans has never been more important. I
strongly urge you to swiftly advance the nomination of Gigi Sohn to
serve as Commissioner of the FCC, as she is exactly the kind of leader
we need at this watershed moment.
Thank you in advance for your consideration.
Sincerely,
Christopher M. Shelton,
President.
Cc: Members of the U.S. Senate
______
Goddard Law Office PLC
Phoenix, AZ, January 14, 2022
Dear Senators Sinema and Kelly,
I write to express my support for Gigi Sohn to become a
commissioner at the Federal Communications Commission (FCC). Access to
affordable, reliable communications services is crucial to Arizonans
and Ms. Sohn has a distinguished career dedicated to advancing the
availability and affordability of communications service so that we can
all benefit from these transformational networks.
Arizona needs a fully functional FCC to help close the digital
divide, particularly acute in our state. In eight of Arizona's fifteen
counties, more than two-thirds of households lack access to high-speed
broadband. Low-income families, Native Americans, and people of color
are disproportionately disconnected, compounding grave inequalities
that were made worse during the pandemic.
Broadband access is a significant problem for families living on
reservations in Arizona. Tribes are some of the least connected
communities in the United States, and eighteen percent of tribal
reservation residents have no Internet access at home. The 22 federally
recognized Tribes in Arizona face unique connectivity challenges at a
time when broadband access has proven essential for distance learning,
telehealth appointments, meetings over video platforms, connecting to
remote work, and much more.
For 20 years I served on the board of directors of the Benton
Institute for Broadband & Society, a non-profit organization dedicated
to ensuring that all people in the U.S. have access to competitive,
High-Performance Broadband regardless of where they live or who they
are. Benton believes communication policy-rooted in the values of
access, equity, and diversity--has the power to deliver new
opportunities and strengthen communities.
Since 2018, Ms. Sohn has served as the Benton Senior Fellow and
Public Advocate. She is one of the Nation's leading public advocates
for open, affordable and democratic communications networks. For nearly
thirty years, she has worked across the country, including Arizona, to
defend and preserve the fundamental competition and innovation policies
that have made broadband Internet access more ubiquitous, competitive,
affordable, open and protective of user privacy.
The FCC is tasked with working with Arizona and its representatives
to get ubiquitous, affordable and reliable communications services to
our citizens. Ms. Sohn would be a knowledgeable partner in helping
Arizonans and the country meet this challenge. I urge you and your
colleagues in the Senate to support her confirmation to be a
commissioner. Arizona and our Nation cannot wait any longer to have a
fully functioning Commission. The Agency's mission is too important.
Sincerely,
Terry Goddard.
______
Pride at Work
Washington, DC, January 18, 2022
Senator Maria Cantwell, Chair,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Senator Roger Wicker, Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Dear Chair Cantwell and Ranking Member Wicker,
On behalf of Pride at Work, which represents LGBTQ+ union members
and their allies, I write to strongly support Gigi Sohn for the role of
Commissioner at the FCC and urge swift action on her nomination. Her
meaningful leadership, dedication, and contributions cannot be
overstated. She has been instrumental in the success of many FCC
proceedings, including on competition, open internet, modernization of
the Lifeline program, and adoption of strong privacy rules for
broadband providers. Throughout her career, she has been a champion of
workers and consumers.
Gigi Sohn has over 30 years of experience working on communications
policy and has been an advocate for affordable Internet access. She was
a key ally of the labor movement in the fight to protect jobs during
the T-Mobile/Sprint merger and supports efforts to hold broadband
service providers accountable.
Pride at Work seeks full equality for LGBTQ+ workers in our
workplaces and unions and works towards creating a Labor Movement that
cherishes diversity, encourages openness, and ensures safety and
dignity. Sohn has been a dedicated supporter of fast, affordable, and
reliable broadband for all people, including the LGBTQ+ community,
which is crucial for bridging the digital divide and ensuring full
participation in social, economic, and political life.
Once confirmed, Gigi Sohn will be the first openly LGBTQ+
Commissioner of the FCC, and she will continue to be a staunch champion
for workers and consumers. Sohn fully understands our complex
telecommunications and media landscape, the importance of diversity and
inclusion for all people, and will work diligently to ensure the views
of the LGBTQ+ community are well represented in FCC decisions.
Gigi Sohn's voice, experience, knowledge, and expertise are needed
on the FCC as it tackles major issues in the years ahead. Hence, we
urge you to act quickly to confirm Gigi Sohn.
Sincerely,
Jerame Davis,
Executive Director.
______
National Urban League
New York, NY, January 24, 2022
Hon. Maria Cantwell,
Chair,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Roger Wicker,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
RE: The National Urban League's Support for Sohn FCC Nomination
Dear Chairwoman Cantwell and Ranking Member Wicker,
As President and CEO of the National Urban League, and on behalf of
its 91 affiliates in 37 states and the District of Columbia, I write to
urge the committee to swiftly consider and work with Senate leadership
to confirm Gigi B. Sohn to serve as a commissioner on the Federal
Communications Commission (FCC). As an historic civil rights
organization that is dedicated to economic empowerment in order to
elevate the standard of living in historically underrepresented urban
communities, the National Urban League supports Sohn's nomination and
believes she will advance civil rights, digital equity, and economic
empowerment for communities of color and other underserved communities.
Our country continues to face stark disparities in the availability
and adoption of broadband. The consequences of this digital divide have
been amplified by the increased reliance on high-speed Internet access
during the COVID-19 pandemic. Through our Lewis Latimer Plan for
Digital Equity and Inclusion, the National Urban League has recommended
that the FCC, the broader Biden-Harris Administration, and Congress
address these issues through broadband buildout, an affordable
broadband and devices benefit, digital education, improved utilization
of the Internet for critical government services, and increased
opportunities for communities of color to benefit from the economic
prosperity of this digital age.\1\
---------------------------------------------------------------------------
\1\ National Urban League, The Lewis Latimer Plan: A National Urban
League Approach to Digital Equity, https://nul.org/program/lewis-
latimer-plan.
---------------------------------------------------------------------------
If confirmed, Sohn's 30 years of experience on these issues at the
Commission, as a former staff member and as an advocate and academic,
will make her well-equipped to tackle these goals. Ms. Sohn has an
exhibited commitment to equity that will benefit consumers and
communities of color, as we seek to close the digital and economic
divide. In particular, she has expressed interest in boosting media
diversity and ownership, including through expansion of the broadcast
incubator program beyond radio and via a reevaluation of the FCC's
minority ownership rules as part of its 2022 Quadrennial Review.
At a time when the United States has committed $65 billion to
expanding affordable broadband access and programs, including the
Affordable Connectivity Program, we need a full and active commission
that is committed to ensuring that this funding is implemented
equitably and with informed guidance from a broad range of
stakeholders. The National Urban League sincerely urges you to advance
Sohn's nomination quickly through the Senate.
For more information, please contact Joi Chaney, Executive Director
of the Washington Bureau and Senior Vice President for Policy and
Advocacy at jchaney
@nul.org.
Sincerely,
Marc. H. Morial,
President and Chief Executive Officer,
National Urban League.
______
The Leadership Conference on Civil and Human Rights
Washington, DC, February 1, 2022
SUPPORT SWIFT CONFIRMATION OF SOHN TO
TO FEDERAL COMMUNICATIONS COMMISSION
AND BEDOYA TO FEDERAL TRADE COMMISSION
Dear Majority Leader Schumer and Commerce Committee Chair Cantwell:
On behalf of The Leadership Conference on Civil and Human Rights, a
coalition charged by its diverse membership of more than 230 national
organizations to promote and protect the rights of all persons in the
United States, and UnidosUS, the Nation's largest Latino civil rights
and advocacy organization, we write to convey our strong support for
confirmation of Gigi B. Sohn and Alvaro M. Bedoya to serve as
commissioners, respectively, of the Federal Communications Commission
(FCC) and Federal Trade Commission (FTC). We urge the Senate Committee
on Commerce, Science and Transportation to quickly report both
nominations to the full Senate favorably and the Senate to promptly
confirm both nominees.
Our coalition is committed to ensuring that media,
telecommunications, competition, consumer protection, and privacy
policy affirms and extends our Nation's longstanding commitment to
civil rights. Both the FCC and FTC have been operating without a full
complement of commissioners since the start of the Biden/Harris
administration. The need for swift action on these nominations is
therefore critical as further delay will harm implementation of key
civil rights priorities.
The FCC is currently implementing key provisions of the
Infrastructure Investment and Jobs Act, including the new Affordable
Connectivity Program, as well as the directive to prohibit digital
discrimination. To ensure our Nation's broadcasting industry is
diverse, competitive and serves local communities, the FCC must act
quickly to complete the 2018 Quadrennial Review and initiate and
complete the 2022 Quadrennial Review in a timely manner. The FCC must
also take further steps to address the dysfunctional market and unjust
practices in incarcerated communications and implement Congress'
directive to collect equal employment opportunity data in broadcasting.
The FTC's responsibility to protect and enhance competition and
consumer protection is particularly important as much of our economy
moves online. With a full complement of commissioners, the FTC can
better enforce existing law against online discrimination based on
protected characteristics with respect to housing, access to credit,
education, employment, and public accommodations; enforce unfair and
deceptive practices in the data economy; and provide for algorithmic
transparency and fairness in automated decisions.
Both Ms. Sohn and Professor Bedoya are exemplary nominees for their
respective positions and should be swiftly confirmed. Throughout her
career, Ms. Sohn has dedicated herself to the public interest, whether
through her service on the Presidential Advisory Commission on the
Public Interest Obligations of Digital Television Broadcasters, her
advocacy for policies that promote diversity and competition in the
non-profit sector, or her time at the FCC as a senior counselor to the
chairman. An influential scholar focused on the principle that privacy
is a civil right, Professor Bedoya is exactly the leader our country
needs right now at the FTC to address the many issues relating to
technology that marginalized communities face. He was notably one of
the first to warn of the risks of facial recognition technology,
including by comprehensively pointing out the technology's biases with
race, gender, and age. The Leadership Conference also worked closely
with Professor Bedoya in urging Google to ban online ads for predatory
payday loans, which the company ultimately did.
Both nominees have shown they will establish a collaborative
process and dialogue with the civil rights community as well as consult
with the community members who are often left out of FCC and FTC
deliberations, including people of color, people with disabilities,
low-income communities, immigrants, incarcerated individuals, and other
marginalized communities. In addition, both nominees would bring
diversity to their respective institutions. If confirmed, Ms. Sohn
would be the commission's first openly LGBTQ commissioner. As a
naturalized citizen born in Peru, Professor Bedoya would be one of the
few Latinos to serve as commissioner on the FTC.
Ms. Sohn and Professor Bedoya are highly qualified, possess deep
knowledge of the challenges faced by disadvantaged populations, and
have a demonstrated commitment to collaboration with civil rights
stakeholders. The civil rights agenda at the FCC and FTC requires
rapid, focused attention. For these reasons, the Senate Committee on
Commerce, Science and Transportation should move quickly to report
these nominees favorably to the full Senate and the Senate should
swiftly confirm them. Should you have any questions, please contact
Leadership Conference Media/Telecommunications Task Force Co-Chair
Cheryl Leanza, United Church of Christ Media Justice Ministry, at
[email protected], or Anita Banerji, Leadership Conference Media/Tech
Senior Program Director at [email protected] or Bertram Lee, Jr.,
Media/Tech Counsel, at [email protected].
Sincerely,
Wade Henderson,
Interim President and CEO.
Janet Murguia,
President and CEO, UnidosUS.
______
The Leadership Conference on Civil and Human Rights
Washington, DC, February 7, 2022
SUPPORT SWIFT CONFIRMATION OF SOHN
TO FEDERAL COMMUNICATIONS COMMISSION
AND BEDOYA TO FEDERAL TRADE COMMISSION
Dear Majority Leader Schumer and Commerce Committee Chair Cantwell:
On behalf of The Leadership Conference on Civil and Human Rights, a
coalition charged by its diverse membership of more than 230 national
organizations to promote and protect the rights of all persons in the
United States, UnidosUS, the Nation's largest Latino civil rights and
advocacy organization, and the National Urban League, a historic civil
rights organization dedicated to economic empowerment in order to
elevate the standard of living in historically underserved urban
communities, we write to convey our strong support for confirmation of
Gigi B. Sohn and Alvaro M. Bedoya to serve as commissioners,
respectively, of the Federal Communications Commission (FCC) and
Federal Trade Commission (FTC). We urge the Senate Committee on
Commerce, Science and Transportation to quickly report both nominations
to the full Senate favorably and the Senate to promptly confirm both
nominees.
Our coalition is committed to ensuring that media,
telecommunications, competition, consumer protection, and privacy
policy affirms and extends our Nation's longstanding commitment to
civil rights. Both the FCC and FTC have been operating without a full
complement of commissioners since the start of the Biden/Harris
administration. The need for swift action on these nominations is
therefore critical as further delay will harm implementation of key
civil rights priorities.
The FCC is currently implementing key provisions of the
Infrastructure Investment and Jobs Act, including the new Affordable
Connectivity Program, as well as the directive to prohibit digital
discrimination. To ensure our Nation's broadcasting industry is
diverse, competitive and serves local communities, the FCC must act
quickly to complete the 2018 Quadrennial Review and initiate and
complete the 2022 Quadrennial Review in a timely manner. The FCC must
also take further steps to address the dysfunctional market and unjust
practices in incarcerated communications and implement Congress'
directive to collect equal employment opportunity data in broadcasting.
The FTC's responsibility to protect and enhance competition and
consumer protection is particularly important as much of our economy
moves online. With a full complement of commissioners, the FTC can
better enforce existing law against online discrimination based on
protected characteristics with respect to housing, access to credit,
education, employment, and public accommodations; enforce unfair and
deceptive practices in the data economy; and provide for algorithmic
transparency and fairness in automated decisions.
Both Ms. Sohn and Professor Bedoya are exemplary nominees for their
respective positions and should be swiftly confirmed. Throughout her
career, Ms. Sohn has dedicated herself to the public interest, whether
through her service on the Presidential Advisory Commission on the
Public Interest Obligations of Digital Television Broadcasters, her
advocacy for policies that promote diversity and competition in the
non-profit sector, or her time at the FCC as a senior counselor to the
chairman. An influential scholar focused on the principle that privacy
is a civil right, Professor Bedoya is exactly the leader our country
needs right now at the FTC to address the many issues relating to
technology that marginalized communities face. He was notably one of
the first to warn of the risks of facial recognition technology,
including by comprehensively pointing out the technology's biases with
race, gender, and age. The Leadership Conference also worked closely
with Professor Bedoya in urging Google to ban online ads for predatory
payday loans, which the company ultimately did.
Both nominees have shown they will establish a collaborative
process and dialogue with the civil rights community as well as consult
with the community members who are often left out of FCC and FTC
deliberations, including people of color, people with disabilities,
low-income communities, immigrants, incarcerated individuals, and other
marginalized communities. In addition, both nominees would bring
diversity to their respective institutions. If confirmed, Ms. Sohn
would be the commission's first openly LGBTQ commissioner. As a
naturalized citizen born in Peru, Professor Bedoya would be one of the
few Latinos to serve as commissioner on the FTC.
Ms. Sohn and Professor Bedoya are highly qualified, possess deep
knowledge of the challenges faced by disadvantaged populations, and
have a demonstrated commitment to collaboration with civil rights
stakeholders. The civil rights agenda at the FCC and FTC requires
rapid, focused attention. For these reasons, the Senate Committee on
Commerce, Science and Transportation should move quickly to report
these nominees favorably to the full Senate and the Senate should
swiftly confirm them. Should you have any questions, please contact
Leadership Conference Media/Telecommunications Task Force Co-Chair
Cheryl Leanza, United Church of Christ Media Justice Ministry, at
[email protected], or Anita Banerji, Leadership Conference Media/Tech
Senior Program Director at [email protected] or Bertram Lee, Jr.,
Media/Tech Counsel, at [email protected].
Sincerely,
Wade Henderson,
Interim President and CEO.
Janet Murguia,
President and CEO,
UnidosUS.
Marc Morial,
President and CEO,
National Urban League.
______
Boulder Thinking, LLC
Lafayette, CO, February 7, 2022
Hon. Maria Cantwell,
Chairperson, Committee On Commerce, Science & Transportation,
United States Senate.
Hon. Roger Wicker,
Ranking Member, Committee On Commerce, Science & Transportation,
United States Senate.
Re: Nomination Of Gigi Sohn To The Federal Communications Commission
Gentlepersons:
I write in strong support of the nomination of Gigi Sohn to serve
on the Federal Communications Commission. I respectfully request that
this letter be entered into the record of the Commerce Committee's
February 9 hearing.
Presently retired, I held senior executive and advocacy positions
at Disney/ABC and Newscorp/Murdoch. I have testified before the
Commerce Committee many times (on one memorable occasion then Chairman
McCain sent me crawling out of the room with my tail between my legs).
Ranking Member Wicker's request for this hearing and Chairperson
Cantwell's agreement with that request both are consistent with the
long history of admirable bi-partisan comity on the committee.
Many of my friends who represent established companies and their
trade associations are trying to throw sand in the gears of Ms. Sohn's
confirmation. These are good and honorable people just doing their job
as I did for decades. But the question before the Committee is not
whether established industry companies agree with Ms. Sohn's views. The
question is whether she is qualified. The answer to that is an
unequivocal ``yes''.
Ms. Sohn is one of the most prepared and experienced nominees in
the history of the FCC. I have worked with, and against, her for more
than 30 years. She knows the issues in front of the FCC better than
almost anyone I know. Ms. Sohn has been a particularly effective
advocate for competition and new market entrants. Even those sending
unhelpful comments to the Committee acknowledge her expertise. For
example, in his letter to the Committee my friend Michael Powell, CEO
of NCTA, said, ``She is a respected and accomplished public interest
advocate''.
I would like to mention two specific issues that have been raised
regarding Ms. Sohn's nomination--Net Neutrality and Locast.
Personally, I oppose Net Neutrality. I think the absence of any
harm since the rules were repealed demonstrates that those rules were
not necessary. But a Democrat FCC majority is almost certain to
reimpose those rules regardless of the name of the third Democrat
Commissioner. Therefore, the issue of Net Neutrality is not relevant to
Ms. Sohn's confirmation. The real answer to Net Neutrality is for this
Committee to lead the Congress in finding a compromise statutory
solution that will end the ``ping-pong'' between Democrat and
Republication FCC's. But that is a longer conversation for another day.
Regarding Locast, I am a copyright hardliner who agrees with the
plaintiffs in the Locast case. But these are legitimate questions of
copyright law about which reasonable people can, and do, disagree.
Locast was the first company to test the nonprofit exemption to
copyright law. A few years ago, highly respected entertainment and
Internet entrepreneur Barry Diller backed a company called Aereo that
launched a for-profit business nearly identical to Locast that also
tested the bounds of the law. The resulting copyright litigation went
all the way to the Supreme Court. My point simply is that being
associated with Locast no more disqualifies Ms. Sohn from being
confirmed for the FCC than being associated with Aereo would disqualify
Mr. Diller.
I do not have a vested commercial interest in this confirmation. I
am someone who has battled Ms. Sohn at times and worked with her at
other times. Hers is an important voice that belongs at the FCC. I hope
the Committee finds a way to produce an overwhelming bi-partisan vote
for her confirmation.
Very truly yours,
Preston Padden.
CC: All Members Of The Committee
______
Writers Guild of America West
Los Angeles, CA, March 2, 2022
Hon. Charles Schumer,
Senate Majority Leader,
Washington, DC.
Hon. Maria Cantwell,
Chair, Senate Committee on Commerce, Science and Transportation,
Washington, DC.
Hon. Mitch McConnell,
Senate Minority Leader,
Washington, DC.
Hon. Roger Wicker,
Ranking Member on Commerce, Science and Transportation,
Washington, DC.
Dear Majority Leader Schumer, Minority Leader McConnell, Chairwoman
Cantwell, and Ranking Member Wicker:
The Writers Guild of America West (WGAW) supports the expeditious
confirmation of Gigi Sohn to the Federal Communications Commission
(FCC). The WGAW represents more than 10,000 members who write nearly
all the scripted content for television, movie theaters and streaming
services that entertain and inform audiences.
For more than ten years, WGAW has been a vocal advocate of the open
Internet and for decades prior our organization fought for competition
in media and against harmful consolidation that limits ideas and
opportunities. The open Internet has created new buyers for the content
writers create, lowered barriers to entry, and permitted content to
bypass traditional media gatekeepers. With every major media and tech
company investing billions to grow streaming video services that
already count hundreds of millions of subscribers globally, the open
Internet's success in establishing a legal and lucrative online video
market is unequivocal.
Ms. Sohn's 30-year career demonstrates her commitment to policies
that promote a competitive media market that benefits creators and
consumers. She has focused on keeping the Internet free and open for
content creators, promoting diversity of voices on all communication
platforms, and standing up against corporate media consolidation. Her
record demonstrates that she is willing to take on the largest ISPs,
who wield gatekeeper power while also controlling the cable market for
content distribution, and whose history of monopoly abuses threaten
competition in the market for writers' content.
The WGAW strongly supports FCC Chairwoman Rosenworcel's commitment
to the restoration of the FCC's authority to oversee the ISP industry
to protect the interests of consumers and content creators. However,
her commitment will ring hollow so long as the FCC remains deadlocked
without Ms. Sohn.
Sincerely,
David Young,
Executive Director.
______
The Navajo Nation
Window Rock, AZ, April 19, 2022
Hon. Kyrsten Sinema,
United States Senate,
Washington, DC.
Hon. Mark Kelly,
United States Senate,
Washington, DC.
RE: Support for Gigi Sohn as Commissioner
Dear Senators Sinema and Kelly:
As President of the Navajo Nation, I write today to express our
support for a fully functioning Federal Communications Commission (FCC)
and our support of President Biden's nomination of Gigi Sohn to be a
Commissioner at this agency which is so important to the cultural,
educational, and economic, development of our community as we seek to
ensure access to broadband across our reservation.
As you are keenly aware, access to broadband on Tribal lands lags
well below the national average and, our Tribal communities are the
least-served communities in the Nation. As I testified before Congress
last year, over half of our 110 Navajo communities lack access to any
broadband. I emphasized that the Navajo Nation needs ubiquitous
broadband along with reliable power and water to preserve our cultural
heritage and traditions and sustain the Navajo Nation. Connectivity is
how education, business, and other initiatives are promoted and
sustained in the world we live in and high-speed broadband is critical.
To have far-reaching broadband deployment and availability across the
Nation will require governmental incentives and subsidies to the
private carriers.
I appreciate the efforts by Congress to provide Tribally-specific
funding in the recently passed Infrastructure Investment and Jobs Act,
and specifically your leadership in advancing this important
legislation. But more will need to be done and the place charged with
accomplishing the mission of ensuring all Americans have access to
broadband is the FCC. For that reason, it is important that we ensure
it is a fully functioning FCC, equipped with all five commissioners to
make the critical decisions that lie ahead, such as broadband mapping,
long term funding through universal service, spectrum access on Tribal
lands, and other important missions of the agency.
The FCC plays a critical role and President Biden's nominee, Gigi
Sohn, will be an excellent champion for the needs of our Nation's
Tribal communities. As an advocate, Ms. Sohn has sought to ensure
ubiquitous access to broadband and has visited Tribal communities in
Arizona to get a first-hand perspective on the challenges we face in
obtaining access. She has been a tireless advocate for ensuring that
broadband is affordable, promoting the need for programs, such as the
Emergency Broadband Benefit Program and its successor, the Affordable
Connectivity Program--both designed to help low-income families get
access to broadband once it is available. She has also recognized the
need to empower Tribal residents with self-determination, promoting
greater access to spectrum for Tribal communities and more funding for
building out broadband on Tribal lands. In short, Ms. Sohn represents
exactly what is needed in a commissioner to the FCC. She is a person
that deeply cares about marginalized communities like ours, and beyond
caring, she wants to make certain our Nation's policies are working to
correct these disparities. I firmly believe that her values, her
understanding, and her commitment to getting things done will be an
asset that will yield substantial dividends in making the FCC's
policies more reflective of the needs of our Navajo Nation and the
Nation as a whole.
We thank you for the opportunity to weigh in on this important
legislation and look forward to working with your offices in the
future. Should you or your staff have any questions, please contact
Maxine Hillary, Acting Executive Director of the Navajo Nation
Washington Office, at (202) 763-4890 or by e-mail at mhillary
@nnwo.org. Ahehee' and thank you.
Sincerely,
Jonathan Nez,
President,
The Navajo Nation.
Myron Lizer,
Vice President,
The Navajo Nation.
______
National Tribal Telecommunications Association
April 27, 2022
Senator Ben Ray Lujan,
United States Senate,
Washington, DC.
Dear Senator Lujan:
The National Tribal Telecommunications Association (NTTA) wishes to
express its support for the nomination of Gigi Sohn to the Federal
Communications Commission (FCC).
NTTA consists of Tribally-owned communications companies serving
Tribal communities in Arizona, New Mexico, Oregon, South Dakota, Idaho,
and Montana. Our communications and broadband providers include
Cheyenne River Sioux Telephone Authority, Fort Mojave
Telecommunications, Inc., Gila River Telecommunications, Inc., Hopi
Telecommunications, Inc., Mescalero Apache Telecom, Inc., Saddleback
Communications, San Carlos Apache Telecommunications Utility, Inc.,
Siyeh Communications, Tohono O'odham Utility Authority, and Warm
Springs Telecom, Nez Perce Tribe, Sacred Wind Communications as well as
associate members Alaska Tribal Broadband and Spokane Tribe Telecom
Exchange. NTTA's mission is to be the national advocate for
telecommunications service on behalf of its member companies and to
provide guidance and assistance to members who are working to provide
modern telecommunications services to Tribal lands.
As you are aware, Tribal communities are the least-served in the
country and face real affordability issues when broadband service is
available. Ms. Sohn has previously made certain that she learned of the
challenges faced on Tribal lands. She spent time learning directly from
Tribal governments about their needs and visited some of our member
companies' Reservations, including the Gila River Indian Community, to
see first-hand what those challenges looked like. She took that
knowledge and experience back to the FCC to help inform its
proceedings.
Ms. Sohn is a long-time advocate for rural broadband who
understands the importance of affordable and robust communications
services for all communities, including those in Indian Country.
Confirming Ms. Sohn to the FCC will help Tribal and other rural areas
of the United States realize the promise of equal access to broadband
services and all that these services entail.
Please feel free to call on us for further information or any
assistance you may need.
Sincerely,
Godfrey Enjady,
President.
______
CALinnovates: How Gigi Sohn's Nomination to the FCC Went From
Concerning--To Fully Corrupt Today's political arena tolerates
hypocrisies with a greater degree of acceptance than many would like,
though the public absolutely draws a line at shady backroom deal-
making.
This is why we ought to be aghast at the process surrounding Gigi
Sohn's nomination to the FCC. Recently, Sohn announced that, if
confirmed, she would recuse herself for several years on matters
related to retransmission consent or television broadcast copyright.
These issues are of great importance to FCC and to broadcasters, and
broadcasters were worried about Sohn's record on them.
Sohn had been in hot water about these matters since late 2021. In
November of 2021, the National Association of Broadcasters expressed
that while they did ``not currently oppose the nomination of Gigi Sohn,
we have serious concerns about her involvement as one of three
directors of the illegal streaming service Locast.'' That streaming
service had essentially fleeced the broadcasters by illegally streaming
their content for free. Sohn was a board member and supported the
activity.
Thereafter, Sohn's nomination hit choppy waters, and suddenly, she
couldn't be on the wrong side of the broadcasters anymore. Thus, her
recent gambit: Recusing herself from big issues pertaining to
broadcasters.
Her recent bending-of-the-knee led to this: ``NAB appreciates Ms.
Sohn's willingness to seriously consider our issues regarding
retransmission consent and broadcast copyright, and to address those
concerns in her recusal. We look forward to the Senate moving forward
with Ms. Sohn's confirmation and are eager to work with her and the
full complement of commissioners in the very near future.''
From ``serious concerns'' to ``eager''--welcome to rank regulatory
corruption in 2022. Here is the bottom line: An embattled nominee for a
regulatory position just announced that she would not regulate so that
she could comfortably earn her regulatory posting. There is a fitting
Latin expression for this, one that doesn't wear well in the halls of
Congress: A quid pro quo.
To put it bluntly, Sohn's job as an FCC Commissioner would be to
regulate the broadcast industry. And yet, at a moment of maximum peril
for her nomination, she promised the broadcast industry that she'd be
hands-off for a few years.
Set aside the flagrantly unethical nature of this. Consider a more
practical problem with Sohn recusing herself on retransmission and
copyright issues, a conundrum best articulated by the Wall Street
Journal: ``These subjects consume a large share of the FCC's regulatory
bandwidth, which means the agency could be deadlocked for good or ill
on many issues.''
The decision to press ahead with Sohn's nomination is a galling
dereliction of duty. There are issues of real concern including media
ownership, retransmission, and broadcast copyrights that require a
fully operational Commission. By giving up her ability to regulate
broadcasters on these issues, Sohn has neutered her own position--even
before she's been confirmed. And because she'd have to refrain from
voting on these matters, she's also neutered the FCC.
This is unacceptable. There were already questions swirling about
Sohn's backroom wheeling-and-dealing and her questionable record on
minority media ownership, among other worries. But this quid pro quo is
simply the last straw. Congress cannot and should not move forward with
a nominee for a regulatory position who has abdicated all regulatory
authority.
There are certainly other qualified nominees for the FCC post.
Perhaps most importantly, any new candidates shouldn't campaign for the
job by saying they won't do the job. This FCC Commission seat should be
filled by a regulator who can actually regulate.
Gigi Sohn should not be confirmed to the FCC. My organization,
CALinnovates, published a piece today on why, which concludes with the
most pertinent point: ``This FCC Commission seat should be filled by a
regulator who can actually regulate.''
Thank you for your interest in this pressing matter.
Sincerely,
Mike Montgomery,
Executive Director,
CALinnovates.
______
U.S. Chamber of Commerce
Washington, DC, March 1, 2022
Hon. Maria Cantwell,
Chair,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Roger Wicker,
Ranking Member,
Committee on Commerce, Science, and Transportation
United States Senate,
Washington, DC.
Dear Chair Cantwell and Ranking Member Wicker:
The U.S. Chamber of Commerce opposes the nomination of Gigi Sohn to
serve as a Commissioner of the Federal Communications Commission (FCC)
due to her longtime advocacy of overly aggressive and combative
regulation of the communications sector. The Chamber strongly believes
that effective, durable policies to connect Americans must be developed
in a consensus-building, bipartisan manner, and the Chamber has
supported many of President Biden's nominees, including Ms. Jessica
Rosenworcel's nomination as FCC chair. However, we believe that, if
confirmed, Ms. Sohn would make achieving such consensus difficult
because of her extreme views on issues on regulating broadband like a
public utility, undermining intellectual property protections, and
pursuing an agenda that would stifle competition.
Ms. Sohn is one of the leading advocates for policies that amount
to regulatory overreach in the broadband market. She was a strong
supporter of the 2015 Open Internet Order which regulated broadband
like a public utility under Title II of the Communications Act. This
policy led to the decline in private sector broadband investment for
the first time outside a national economic slowdown. Not only would Ms.
Sohn like a return to this policy, she argued to take things a step
further in an October 2020 ``plan for action'' in which broadband
service would be subject to even further requirements under Title II
such as service fees, which could lead to an even greater reduction in
privacy sector investment and impose greater costs on consumers. At a
time when America seeks to connect all Americans, it should remove
regulatory barriers--not add to them.
Another alarming position Ms. Sohn has taken is her extensive
advocacy for government-owned networks.\1\ The U.S. private-sector
broadband industry is what enabled the United States to endure capacity
shifts during the COVID-19 pandemic. It would be a mistake to embrace a
public option for broadband as opposed to focusing on private sectors
providers who have helped the United States lead the world in quality
and resilience.
---------------------------------------------------------------------------
\1\ Empowering and Connecting Communities through Digital Equity
and Internet Adoption Before the Subcomm. on Commc'n and Tech. of the
H. Comm. on Energy and Com., 116th Cong. 7-8 (2020) (statement of Gigi
Sohn, Senior Fellow and Public Advocate, Benton Institute for Broadband
& Society
---------------------------------------------------------------------------
Also, Ms. Sohn's record is alarming on the issue of intellectual
property, a cornerstone of America's free enterprise system, as
evidenced by positions she has taken on several issues, including the
2016 proposed set-top box rule. FCC needs a commissioner fully
committed to ensuring creators and innovators can continue to flourish
and their important intellectual property rights are protected.
At a time when the Biden Administration is launching an unwarranted
and unjustified campaign against the business community through Federal
regulators, Ms. Sohn's track record and her views on competition would
create unnecessary obstacles to crafting effective, durable policies to
ensure all Americans are connected. Ms. Sohn would make this situation
worse at FCC. She has asserted that broadband is ``the tech antitrust
problem no one is talking about, and has lauded the contents of
Executive Order on Promoting Competition in the American Economy, which
encourages FCC to pursue actions related to competition policy and
chips away at the independence of independent regulatory agencies, like
the FCC.\2\
---------------------------------------------------------------------------
\2\ See Dan Bosch, Competition EO Further Blurs Independence of
Agencies, AMERICAN ACTION FORUM (July 9, 2021), https://
www.americanactionforum.org/insight/competition-eo-further-blurs-
independence-of-agencies/.
---------------------------------------------------------------------------
We believe FCC would be well served by another nominee. The Chamber
opposes Ms. Sohn's nomination.
Sincerely,
Neil Bradley,
Executive Vice President, Chief Policy Officer
and Head of Strategic Advocacy,
U.S. Chamber of Commerce.
cc: Members of the Senate Committee on Commerce, Science, and
Transportation
______
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
______
Hon. Chuck Schumer,
Senate Majority Leader,
Washington, DC.
Hon. Maria Cantwell,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Mitch McConnell,
Senate Minority Leader,
Washington, DC.
Hon. Roger Wicker,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
November 16, 2021
Dear Senate Majority Leader Schumer, Minority Leader McConnell, Chair
Cantwell and Ranking Member Wicker,
We are writing to urge the swift and concurrent confirmation of
Jessica Rosenworcel and Gigi Sohn for the Federal Communications
Commission and Alan Davidson for the National Telecommunications and
Information Administration. These agencies urgently need Senate-
confirmed leaders to address the critical need for affordable and
resilient access to the open Internet in the midst of a global pandemic
and worsening climate crisis. Through bipartisan infrastructure
legislation, Congress has given these agencies enormous tasks on tight
deadlines. These exceptional nominees' appointments so late in the year
means there can be no delay in confirming them and getting started in
earnest on all of that urgent work.
These three nominees each bring decades of experience, a commitment
to the public interest, and the skills necessary to fulfill the
missions of these agencies.
Jessica Rosenworcel's tenure at the FCC makes her an exceptional
pick for FCC Chair. She is a respected and principled advocate with a
proven record of fighting for the public interest. She has long
championed efforts to ensure everyone in America, particularly
schoolchildren, have affordable and reliable high-speed broadband to
provide them with the tools they need for a successful future.
Chairwoman Rosenworcel's efforts to close the ``homework gap'' embody
that commitment. As Acting Chair, she quickly and successfully launched
the Emergency Broadband Benefit, a program that is now helping millions
of Americans afford access to the internet.
For over 30 years, Gigi Sohn's priority has been ensuring that
modern communications networks are available to everybody, regardless
of who they are or where they live. Her life's work has embodied the
standard on which the FCC bases its decisions: the public interest. She
served as a top aide to FCC Chairman Tom Wheeler and helped found and
lead a non-profit focused on promoting an open and competitive
communications and technology market. She has a proven record of
bringing together varied stakeholders, including public interest
advocates and companies, in bipartisan coalitions to fight for
equitable broadband policies, consumer protections, competition and the
open internet.
Alan Davidson has over 20 years of experience in government,
industry and public interest advocacy, making him an ideal candidate to
take up the interagency work of the NTIA, and to guide not only NTIA's
existing spectrum allocation and broadband policy work, but also its
greatly increased grantmaking and coordinating role in implementation
of the bipartisan infrastructure bill's broadband funding provisions.
Even before the pandemic struck over 21 months ago, 2019 Census
data showed that nearly 80 million people in the U.S. did not have
adequate broadband at home.\1\ According to that data, poor families
and people of color are disproportionately disconnected--only 48
percent of low-income households had a fixed broadband connection at
that time, and 13 million Black people, 18 million Latinx people and
1.3 million Indigenous people lacked this kind of adequate home
connectivity.\2\ Digital divide indicators like education and income
disparities demonstrate that many Asian American and Pacific Islander
(AAPI) communities and ethnic groups are also disproportionately
impacted, and some AAPI communities and individuals with reduced
English proficiency levels may adopt broadband at lower rates than the
national average.\3\
---------------------------------------------------------------------------
\1\ See Comments of Free Press, FCC GN Docket No. 20-269, at 4
(filed Sept. 18, 2020), https://www.freepress.net/sites/default/files/
2020-09/free_press_2020_section_706_inquiry
_comments.pdf.
\2\ See id.
\3\ See Asian Americans Advancing Justice, Telecommunications and
Technology Fact Sheet, https://advancingjustice-aajc.org/sites/default/
files/2020-02/Lifeline%20Backgrounder.pdf.
---------------------------------------------------------------------------
At the same time communities across the country are facing more
frequent extreme weather events due to the climate crisis, and those
events are taking down crucial communications infrastructure on an
increasingly regular basis.
And while Congress passed historic legislation to address broadband
affordability and accessibility for both urban and rural communities in
the midst of the pandemic, the FCC and NTIA's ability to administer
these Congressional directives--as well as their ability to promote
affordability, competition, privacy, sound spectrum policy, and network
resiliency along with other consumer protections using existing
authorities--has been limited by the deadlocked FCC and the lack of an
Assistant Secretary at NTIA.
Any delay in confirming all three of these nominees will stall
progress on achieving those goals and ensuring that everyone in the
United States is able to access robust, affordable high-speed internet.
We urge you to confirm these three public-interest champions before
the Senate recesses at the end of the year. Thank you for your
attention to this urgent matter.
Sincerely,
18 Million Rising
Access Humboldt
Akaku Maui Community Media
Alliance for Community Media
American Library Association
Appalshop Community Media Initiative
Benton Institute for Broadband & Society
Branford Community Television
California Center for Rural Policy
California Clean Money Campaign
Capital Community Media
CATS Community Access Television Services
Center for Accessible Technology
City of New Bedford Cable Access--New Bedford, MA
Color of Change
Common Sense
Communications Workers of America
Communities Closing the Urban Digital Divide
Community Media Access Collaborative
Decode Democracy
Demand Progress Education Fund
Democracy for America
Derry Community Access Media
Duluth Public Access Community Television
Electronic Frontier Foundation
Engine
FC Public Media
Fight for the Future
Free Press Action
Friends of the Earth
Granby Community Access and Media, Inc.
The Greenlining Institute
Greenpeace USA
Hawaii Consumers
Illinois for Educational Equity
Indivisible Sacramento
Institute for Local Self-Reliance
Libraries Without Borders U.S.
Local TV, inc
Lynn Community Television
Massachusetts Community Media dba MassAccess
Media Alliance
Media, Inequality & Change Center
MediaJustice
Melrose Massachusetts Television
Movement Alliance Project
Mozilla Foundation
National Association of the Deaf
National Consumers League
Native Public Media
The New Hampshire Coalition for Community Media
Newark for Educational Equity & Diversity
North Shore TV
NTEN
OD Action
The OMNI Centre for Public Media, Inc.
OMNI Productions
Open MIC (Open Media and Information Companies Initiative)
Open Technology Institute
OpenMedia
Orion Neighborhood Television (ONTV)
The Other 98 percent
Our Revolution
PhillyCAM Presente.org
Progress America
Public Knowledge
Revolving Door Project
RootsAction.org
Salem Community Television, Salem NH
Salina Media Connection; Community Access TV of Salina, Inc.,
San Diego Futures Foundation
Tahoe Truckee Media
Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI)
TURN--The Utility Reform Network
United Church of Christ Media Justice Ministry
Valley Shore Community Television Inc.
Western New York Library Resources Council
Winchester Community Access & Media, Inc.
Writers Guild of America West
X-Lab
______
November 29, 2021
Hon. Maria Cantwell,
United States Senator,
Washington, DC.
Hon. Roger Wicker,
United States Senator,
Washington, DC.
Dear Chairwoman Cantwell and Ranking Member Wicker,
As computer scientists, engineers and technology policy scholars,
we write in strong support of Alan Davidson's swift confirmation as
NTIA Administrator and Assistant Secretary of Commerce for
Communications and Information. At this pivotal moment in time, when
Congress has given NTIA critical new responsibilities for advancing
America's technological leadership, it is vital that we have the kind
of seasoned leadership and broad technical expertise that Alan Davidson
will bring to these urgent challenges.
Not only is the NTIA Administrator the principal advisor to the
President on Internet and telecommunications policy, the Administrator
is also charged with helping achieve Congress's goal of extending
broadband to all Americans by overseeing the implementation of the $48
billion in American broadband recently enacted by Congress as part of
the Infrastructure Investment and Jobs Act.
Alan has proven experience leading organizations in the public and
private sector for more than two decades, with a unique blend of
government and non-profit executive experience, and a successful track
record in building and managing teams in the commercial marketplace.
Alan has degrees in mathematics, computer science and technology policy
from MIT and Yale Law School. He started his career building computer
systems for the International Space Station at a time when dial-up
Internet access was considered cutting-edge and when ``the Internet''
was largely a curiosity. During his decade at the nonprofit Center for
Democracy and Technology, he worked fiercely to ensure the Internet
evolved as a resource for all Americans based on freedom and
constitutional values. Then, Alan opened Google's first Washington
office, where he built and led the company's public policy and
government relations efforts in North and South America. Alan led Open
Technology Institute to advance broadband access for all Americans. He
served as the Commerce Department's first Director of Digital Economy
under President Obama. Most recently, Alan joined the executive team at
Mozilla, leading policy and privacy efforts for one of the Internet's
most trusted companies.
Today's Internet faces a list of increasingly important challenges
that include threats to security, privacy, and the openness of the
Internet around the world. Alan's deep technical knowledge, public
policy expertise and a reservoir of trust across ideological lines is
all just what the country needs to assure that the Internet and digital
ecosystem flourishes based on values of openness, innovation and
democratic principles.
Sincerely,
**Institutional affiliations for identification purposes only**
Harold Abelson Susan Landau
Professor, Department of Electrical Bridge Professor in Cyber Security
Engineering and Computer Science and Policy
Massachusetts Institute of Fletcher School of Law & Diplomacy
Technology and School of Engineering
Tufts University
Matt Blaze Deirdre Mulligan
McDevitt Professor of Computer Professor, School of Information
Science and Law Berkeley Center for Law &
Georgetown University Technology,
University of California Berkeley
L. Jean Camp Daniel J. Weitzner
Professor of Informatics & Computer 3Com Founders Principal Research
Science Scientist
Indiana University Computer Science and Artificial
Intelligence Lab
Massachusetts Institute of
Technology
Vint Cerf Josephine Wolff
Internet Pioneer Associate Professor of
Cybersecurity Policy
Fletcher School of Law and
Diplomacy
Tufts University
David D. Clark
Senior Research Scientist
MIT CSAIL Advanced Network
Architecture Group
Massachusetts Institute of
Technology
Lorrie Cranor
Bosch Distinguished Professor in
Security and Privacy Technologies
and
FORE Systems Professor of Computer
Science and of Engineering &
Public Policy
Carnegie Mellon University
Stephen D. Crocker
President, Edgemoor Research
Institute
Joan Feigenbaum
Grace Murray Hopper Professor of
Computer Science
Yale University
______
November 30, 2021
Hon. Maria Cantwell,
United States Senator,
Washington, DC.
Hon. Roger Wicker,
United States Senator,
Washington, DC.
Dear Senator Cantwell & Senator Wicker,
We represent a cross section of top Asian American Pacific Islander
(AAPI) business leaders, thousands of minority owned business owners/
entrepreneurs and small business advocates from across the United
States. Our mission is to advocate and promote a new generation of
leadership that understands the lived experiences of the AAPI &
minority business community. Due to the pandemic we have directly faced
the hardships of thousands of targeted Asian Hate crimes and a gaping
digital divide that has challenged our fragile economic landscape in
minority-underserved communities all across America,
We are writing to ask for your support of Alan Davidson's
confirmation as the next Assistant Secretary for the United States
Department of Commerce National Telecommunication and Information
Administration (NTIA). Now that the President has signed the
Infrastructure Investment and Jobs Act, it is time to start executing
on the $48 billion in broadband funding included in the bill to close
the digital divide that has negatively impacted the Nation's
underserved communities.
We are supporting Mr. Davidson because he is solutions-oriented,
brings the highest degree of integrity, and has an unwavering
commitment to building an economy with equitable innovative
opportunities for all communities. Mr. Davidson is a technologist who
has proven experience leading organizations in the public and private
sector, and advocating for the public interest for more than two
decades. He will use his unique blend of government and non-profit
executive experience, and a successful track record in building and
managing teams to ensure this mission of NTIA is carried out in an
equitable manner.
Most importantly, he is committed to closing the Digital Divide and
will make this a priority at NTIA, as this is a once-in-a generation
opportunity. Broadband Internet is now a critical part of everyday
American life. As the pandemic made clear, people of color in
underserved communities need broadband to work, learn, and to connect,
yet many communities of color are still without affordable, high-speed
broadband access. NTIA now stands at the center of this critical
opportunity to close the digital divide, increase broadband access/
adoption, and connect all Americans securely, which will be all of
Alan's top priorities. Without an equalized secure telecommunications
and broadband network that serves all communities, America cannot
achieve it's full potential in this competitive global economy.
We urge you to confirm Alan Davidson as the next Assistant
Secretary of the NTIA as soon as possible.
Thank you for your consideration,
Ying McGuire,
Co-Chair, National AAPI Business Leaders
Business Council and CEO,
National Minority Supplier Development Council.
Chiling Tong,
CEO and President,
National ACE, Washington D.C.
Jimmy Ferguson,
Co-Chair,
Texas AAPI Business Leaders Council, Austin, TX.
______
U.S. Chamber of Commerce
Washington, DC, December 14, 2021
TO THE MEMBERS OF THE UNITED STATES SENATE:
The U.S. Chamber of Commerce supports the nomination of Alan
Davidson to serve as Assistant Secretary of Commerce for Communications
and Information and Administrator of the National Telecommunications
and Information Administration (NTIA).
Mr. Davidson is a well-qualified nominee with extensive experience
in technology and information both at the policy and practitioner
level. He has also served in a diverse variety of positions including
at the Department of Commerce, public interest organizations, and in
the private sector.
NTIA serves as the President's primary advisor on
telecommunications and information policy issues, and focuses on
critical issues to the business community including spectrum
management, broadband, cybersecurity, 5G security, and privacy.
Confirmation of a qualified and permanent Assistant Secretary is
essential to ensure the effective execution of NTIA's responsibilities
and to provide for continued U.S. global leadership in technology.
The Chamber looks forward to working with Mr. Davidson. We urge the
Senate to confirm his nomination expeditiously.
Sincerely,
Neil L. Bradley,
Executive Vice President, Chief Policy Officer
and Head of Strategic Advocacy,
U.S. Chamber of Commerce.
______
January 30, 2022
Letter of Recommendation for Viquar Ahmad
To Whom It May Concern:
We are honored to submit this letter of reference in support of
Viquar Ahmad's nomination for the Assistant Secretary for
Administration and Chief Financial Officer of the U.S. Department of
Commerce. We have known Viquar for several years when he was our
immediate supervisor at our respective place of employment-the U.S.
House of Representatives and the U.S. Department of Homeland Security.
He is talented and hard-working, has a clear vision and knows how to
execute it, is always available and supportive, decisive, and sets a
high standard for himself and the staff. Simply put: his efforts and
leadership had a positive impact, and he left our organizations in a
better place because of our collaboration.
Viquar stepped into his role as the Deputy Chief Financial Officer
at the U.S. House of Representatives during a particularly challenging
time. Prior to his arrival, an outside assessment of the Office of
Finance was done with recommendations for substantial changes. He was
unfazed by the magnitude of task at hand and understood the concerns
and hesitancy around change. Viquar spent time getting to know staff in
group meetings and one-on-one discussions. He communicated the vision
in a relevant manner and our role in the road-map for getting to the
desired goals. Staff appreciated how approachable he was because it
allowed us to address potential issues before they became a major
crisis. His commitment to employee engagement, growth, and proficiency
through trainings bred a culture of high morale and improved quality of
work. He was consistent in treating each of us with respect, empowering
us to effectively do our job, and including us in decisions impacting
our work. The Office of Payroll and Benefits is the largest unit in
Finance and our work impacts each of the more than 10,000 employees at
the House. As I reflect on our time together, I know he was the right
leader for us and we are enormously thankful that his efforts made us a
better unit so that we may provide exceptional customer service to the
House.
The mission of the U.S. Department of Homeland Security is to
secure the Nation from the many threats we face. Large-scale emergency
issues ranging from aviation security, border security, cyber security,
to natural disasters would occur and the Office of Budget was central
to ensuring effective resourcing to address the challenges. Viquar's
vast knowledge, analytical skills, creativity, and ability to remain
calm under pressure allowed us to provide solutions to leadership time
and again. Because of his reputation, our leadership promoted him to
oversee the group responsible for the full scope of formulation and
execution of the Department's nearly $67 billion budget. He took on
this role during a time when the Department was engaged in a complex
effort to overhaul a legacy budgeting framework with significant budget
disparities and inconsistencies between its Components and
appropriations and programs. Despite the enormity of the challenges,
Viquar was always available to encourage, teach, mentor, and add humor
to make the grind enjoyable. Even when he was on vacation in some
distant country, he would maintain contact to answer questions, provide
guidance and make sure we were doing well. Our team nominated him for
the Outstanding Supervisor Award and we were pleased that he was the
first employee from our Division to receive that recognition. As well,
he was a recipient of various other awards for exemplary performance,
including the Meritorious Public Service Medal.
Viquar is driven to excel, recognizes and shares credit with his
team, genuinely cares about the wellbeing of employees, and is a person
of good character and integrity. His leadership made our organizations
better, stronger, and more resilient. We are certain he will continue
to make a positive impact. We enthusiastically support his nomination,
and if confirmed, know that the Department of Commerce will benefit
from his outstanding leadership.
Very respectfully,
James F. Butler
Eric Littlepage
______
Response to Written Questions Submitted by Hon. Richard Blumenthal to
Gigi B. Sohn
Topic. The FCC's public safety mandate is written into its founding
statute--it's literally in the first line of the Communications Act.
First responders depend on our telecommunications networks in times of
emergencies and to operate public safety systems. That ranges from
people being able to pick up the phone and dial 9-1-1 all the way to
the messaging systems used by the police and firefighters that respond
to that call.
Question. Can you tell me more about how, as a Commissioner, you
would promote public safety and support the police, firefighters, and
other first responders that depend on the FCC?
Answer. Serving and enhancing public safety is one of the most
important obligations of the FCC. If confirmed, I would seek to ensure
that every rulemaking, adjudication and decision of the Commission
considers the potential implications for public safety. In particular,
the Commission must ensure that police, firefighters and other first
responders have access to the resources they need--especially in times
of crisis. In the words of the D.C. Circuit, when the FCC fails to
consider possible harms to public safety ``People could be injured or
die.'' Mozilla Corp. v. FCC, 943 F.3d 1, 62 (D.C. Cir. 2019).
As a first priority, I would seek to ensure that public safety
communications cannot be blocked or throttled. 911 Communications,
wireless emergency alerts, Amber Alerts, and official communications
from police, firefighters or other first responders to the public--and
communications by the public to first responders--must flow smoothly
and without interference. Additionally, first responders must have
adequate and secure spectrum to communicate with each other, free from
harmful interference.
I also fully believe that network reliability and resiliency are
critically important to first responders. I would fully support efforts
by the Commission to ensure that we have robust communications networks
that allow first responders to communicate reliably with one another
during national disasters or terrorist attacks. This includes ensuring
the smooth operation of FirstNet, and that FirstNet remains faithful to
its core mission of serving the first responder community.
If confirmed, I would also consult regularly with law enforcement,
firefighters, EMTs and other first responders to ensure that the unique
needs of each community are met. I am aware that law enforcement are
concerned about the illegal use of contraband cell phones in prisons,
and I pledge to work closely with the law enforcement community, the
correctional community and wireless providers to find ways to prevent
the illegal use of contraband phones by incarcerated individuals
consistent with the FCC's statutory authority.
Topic. If confirmed, robocalls will be an immediate issue for you
at the FCC. Chair Rosenworcel circulated a proposed rule on blocking
robotexts last month.
Question. If confirmed, will you support Chair Rosenworcel's
proposed rules on robocalls and fraudulent text messages?
Answer. I agree that robocalls and robotexts are a major nuisance
and a serious concern for consumers and I understand that the
Chairwoman has made the issue a top priority. The text of the
Chairwoman's proposed rules is not publicly available, so I do not know
the specific details, but I am supportive of her efforts on this issue.
If confirmed, I look forward to working with the Chairwoman and the
other Commissioners on the issue and reviewing the record developed in
the proceeding.
______
Response to Written Question Submitted by Hon. Jon Tester to
Gigi B. Sohn
Work History
Question. Can you talk about your work on copyright issues,
including your involvement in Locast, and how your previous work may
impact your views on broadcast issues as a Commissioner at the FCC?
Answer. I was Co-founder and Chief Executive Officer of the public
interest organization Public Knowledge, which, among other things,
sought to ensure that copyright, patent, and trademark law reflected
its constitutional directive ``[t]o promote the progress of science and
useful arts, by securing for limited times to authors and inventors the
exclusive right to their respective writings and discoveries.'' This
meant promoting policies that both ensured that creators could profit
from their works and that the public was able to lawfully make use of
those works, including those works that they purchased.
Locast was a streaming service that provided local broadcast
signals to those who couldn't receive local signals over-the-air,
including many in rural areas. I believed that was a good thing both
for viewers and for local broadcast stations, but the broadcast
networks disagreed. They sued and the service was shut down.
My previous copyright work and participation on the Locast board
will not in any way impact my views on broadcast issues if I am
confirmed as a Commissioner at the FCC. I believe strongly that local
broadcasting is vital to the lifeblood of every community--providing
local news and information and critical emergency services free to
every American. It is the bulwark against misinformation and toxic
online culture, and I am committed to ensuring that it grows and
thrives. If I am confirmed, I would approach every issue impacting
broadcasters in a way that promotes their competitiveness, resiliency,
and diversity in today's media landscape.
______
Response to Written Questions Submitted by Hon. Kyrsten Sinema to
Gigi B. Sohn
Copyright. Some have raised concerns about your leadership role at
the streaming service Locast. A Federal court determined that Locast
did not qualify for a copyright exemption and a settlement was reached
to end its operations.
Question 1. Following your role with Locast and the settlement
agreement, if you are confirmed to the Federal Communications
Commission (FCC), would you harbor any biases against parties
associated with the case, and would you be able perform your duties in
an independent and fair manner towards all parties?
Answer. Over my 30-year career as a public interest lawyer, I have
worked closely with almost every major communications industry and
individual corporation. I have always worked in an independent and fair
manner, including when I worked at the FCC from 2013-2016. If
confirmed, I would harbor no biases against the parties associated with
the lawsuit against Locast, and I would be able to perform my duties in
an independent and fair manner towards all parties.
Question 2. What is the FCC's role in relation to copyright?
Answer. The courts, the Copyright Office, and Congress have
consistently affirmed that the Commission lacks jurisdiction over
matters of copyright policy. If confirmed as Commissioner, I would
commit to ensure that the FCC does not seek to extend the bounds of its
jurisdiction to matters of copyright.
Question 3. One of my criteria for reviewing nominations is whether
the nominee can be trusted to faithfully execute and uphold the law as
it exists. Will you faithfully uphold the law related to copyright and
retransmission consent as it exists?
Answer. Yes. I am committed to the rule of law and will faithfully
uphold the law related to copyright and retransmission consent as it
exists.
FCC Maps and IIJA. The Infrastructure Investment and Jobs Act
(IIJA) provides a significant investment in broadband deployment, with
Arizona receiving at least 100 million dollars over five years to
expand access to high-speed internet. This is especially important for
Arizonans living in rural areas. In order to allocate these broadband
investments, the Commerce Department and FCC will look to updated
broadband maps to determine which areas of the country currently do not
have access to high-speed broadband.
Question. Considering past mapping delays, how will you work to
ensure the FCC produces accurate broadband maps in a timely manner?
Answer. If confirmed, I intend to work side-by-side with Chairwoman
Rosenworcel and other Commissioners to ensure that the FCC's maps are
produced accurately and expeditiously. I am delighted that the FCC has
recently entered into a contract for the broadband serviceable location
fabric, which indicates where broadband can be deployed. The next
challenge is to obtain the data from broadband providers which
indicates where broadband is currently deployed. I would like to assist
in obtaining this critical information from the providers in an
expeditious manner.
Affordable Connectivity Program. Congress permanently reauthorized
the Emergency Broadband Benefit Fund in the IIJA, now referred to as
the Affordable Connectivity Program. The program was initially created
during the onset of the COVID-19 pandemic to help more low-income
households gain access to affordable broadband. The IIJA requires the
FCC to promulgate a regulatory framework to implement the program
within one year.
Question. Are you confident the FCC will be able to implement a
final rule for the Affordable Connectivity Program within the time-
frame established in the IIJA?
Answer. If confirmed, I would consider this a priority for the
Commission. It is my understanding that the Commission has already
taken the initial steps to transition the Emergency Broadband Benefit
Program to the Affordable Connectivity Program. For example, the
Commission released a Public Notice on November 18, 2021 seeking
comment on the implementation of the Affordable Connectivity Program.
The Commission noted within the Public Notice that it interprets the
interplay between the statutory provisions for the Emergency Broadband
Benefit Program and the Affordable Connectivity Program to require new
rules within 60 days of enactment. Additionally, the Commission
released an Order on November 26, 2021, which waives certain rules for
the enrollment freeze and notice requirements for the end of the
Emergency Broadband Benefit Program to facilitate the transition to the
Affordable Connectivity Program by the end of the year. Finally, The
Commission is required to adopt final broadband transparency rules
under the Affordable Connectivity Program within one year of enactment.
If confirmed, I look forward to working with the Chairwoman and other
Commissioners to meet the statutory deadlines in the IIJA for
implementation of the Affordable Connectivity Program.
Audience Data. The FCC relies on audience data for numerous
regulatory purposes, including to define local television markets and
to determine the national audience reach of a company's total broadcast
stations when applying its regulations enforcing the national ownership
cap.
Question. What are your thoughts about the FCC's use of audience
data, the sources the FCC relies upon to collect audience data, and the
state of competition to provide audience data to the FCC?
Answer. The Commission has used the Nielsen Designated Market Areas
(DMAs) to determine the national audience reach under the national
ownership cap since 1999.\1\ Industry supported the switch to the
Nielsen DMAs because they were used in other regulatory contexts--such
as must carry and retransmission consent--and the prior method of
collecting the data was no longer reliable.\2\ The Commission
previously concluded in 1996 that the use of Nielsen DMAs was an
appropriate method for determining a TV station's local market for
purposes of cable carriage \3\ after Congress modified Section 614 of
the Communications Act in the 1996 Telecommunications Act to require
the Commission--by regulation or order--to use ``commercial
publications which delineate television markets based on viewing
patterns.'' \4\ Additionally, the Commission is required by statute to
use DMAs for defining local television markets in the context of
satellite carriage.\5\
---------------------------------------------------------------------------
\1\ See Federal Communications Commission, Report and Order, FCC
99-208 (August 6, 1999) (https://transition.fcc.gov/Bureaus/Mass_Media/
Orders/1999/fcc99208.pdf).
\2\ Id. at 34.
\3\ See Federal Communications Commission, Report and Order, 11 FCC
Rcd 6201 (April 26, 1996).
\4\ 47 U.S.C. Sec. 534(h)(1)(C).
\5\ 47 U.S.C. Sec. 338 (signal carriage rights) and 17 U.S.C.
Sec. 122 (copyright).
---------------------------------------------------------------------------
I have no reason to believe that the Nielsen DMA audience data is
not accurate or reliable for these uses and I am not aware of other
companies that provide the same data. In fact, the move to using
Nielsen data in some cases was precipitated by the fact that the prior
company no longer collected the relevant data.
If changes are necessary, the Commission would need to conduct a
rulemaking to modify its current approach under the broadcast ownership
and cable carriage rules. And Congress would have to modify the statute
to provide for Commission authority to use other sources in the
satellite carriage context.
______
Response to Written Questions Submitted by Hon. Ben Ray Lujan to
Gigi B. Sohn
Racial Equity Assessment
On the first day of his presidency, President Biden signed an
executive order that called for each Federal agency to ``assess
whether, and to what extent, its programs and policies perpetuate
systemic barriers to opportunities and benefits for people of color and
other underserved groups.'' That executive order also ``strongly
encouraged'' independent agencies, like the FCC, to comply with this
directive.
Chairwoman Rosenworcel in September agreed with the need for this
kind of assessment, stating ``I recognize we can't build a better, more
equitable future without a reckoning of how our past continues to
influence our present and how too many communities continue to be
overlooked and underserved.''
Question 1. Will you commit to supporting a racial equity
assessment at the FCC, as you advance all of the agency's mandates to
promote diversity in licensing, as well as in communications policy
broadly?
Answer. Yes.
Joint Sales Agreements & Minority Ownership
During questioning with Senator Rosen, you stated that your
position on joint sales agreements and sidecar agreements with minority
broadcasters had been misstated. It's critical to set the record
straight on issues that might affect diversity in broadcasting.
Question 2. Please clarify your position on joint sales agreements
with minority broadcasters. What impact would your position have on
diverse media ownership?
Answer. As part of her inquiry at the hearing, Senator Rosen said
``I understand concerns have been raised about your opposition to
policies such as ``joint-service agreements'' and ``shared-service
agreements,'' which allow stations to share facilities and employees
and jointly sell advertising, which I understand can be critically
important for minority-owned stations.''
I did not and do not oppose the use of either joint sales
agreements or shared-service agreements by minority-owned stations.
When I worked for former Chairman Wheeler in 2014, the FCC adopted
rules that made these agreements attributable for purposes of the
ownership rules with the exception of those arrangements where
broadcasters can prove the deals are in the public interest ``such as
when they expand the diversity of voices in a community through sharing
expenses between truly independent stations.'' This exception ensures
that stations that benefit from these arrangements are indeed minority
owned and controlled, and that they are not used by non-minority
station owners to evade the ownership rules.
Areas of Focus for the Quadrennial Review
During questioning with me, you noted the quadrennial review as an
important opportunity to find new ways to improve minority media
ownership.
Question 3. What specific areas and rules deserve most scrutiny
during the quadrennial review for their impact on Latino media
ownership?
Answer. Local broadcasters continue to be vital to the communities
that they serve and are an important part of the media ecosystem. At
the hearing, I committed to Chair Cantwell to work with her and others
on policies to support local broadcasters. I also believe that there
should be a diversity of ownership and diversity of viewpoint in the
broadcasting industry. The Commission is in the midst of its 2018
Quadrennial Review where it sought comment on the remaining media
ownership rules--the Local Radio Ownership Rule, the Local Television
Ownership Rule, and the Dual Network Rule--and sought comment on a
variety of diversity proposals. If confirmed, I look forward to
reviewing the record that the Commission has developed to determine how
best to achieve the Commission's goals of localism, competition, and
diversity in the broadcasting industry, including the collection of
reliable data to assess trends in ownership diversity. Additionally, as
I noted at the hearing, I would like to review the Commission's
incubator program, which the Supreme Court reinstated earlier this
year, to see if that is another potential opportunity to increase the
diversity of ownership in the broadcast industry.
______
Response to Written Questions Submitted by Hon. Raphael Warnock to
Gigi B. Sohn
FCC Mapping. The Federal government is poised to make generational
investments in broadband expansion, and we desperately need the FCC to
develop accurate maps that show us which communities remain
unconnected. I'm proud that Georgia is a leader in broadband mapping,
and I believe that the Georgia map is really among the most accurate in
the country when it comes to providing granular information about who
is and isn't connected.
Question. Would you commit to working with state and local leaders
in Georgia and across the country to incorporate all of their
information and build a more accurate map?
Answer. Yes.
Question. Would you commit to prioritizing broadband mapping so
that we can better allocate Federal investments in broadband?
Answer. Yes.
Supporting minority broadcasters. Some have reported that Nielsen's
TV and radio ratings may undercount Black and Hispanic audiences, which
can result in lower revenues for Black and Hispanic-owned stations and
less diverse programming on radio and TV. In 2008, a coalition of
minority radio broadcasters stated that the lower ratings would
``disenfranchise minority communities and have a devastating impact on
small businesses.''
Question. Would you commit to working to promote diversity in the
broadcasting space and addressing barriers that minority broadcasters
may face, such as inaccurate audience numbers?
Answer. If confirmed, I look forward to working with your office to
find ways within the Commission's authority to address the barriers
that minority broadcasters face. While the ratings systems for the
radio and TV industry are governed by private companies, I do note that
Nielsen modified its broadcaster reporting policies effective earlier
this year so that more small minority-owned stations will be reported.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
Gigi B. Sohn
Question 1. The Senate Commerce questionnaire you completed asked
you in Part A.11. to ``List all positions held as an officer, director,
trustee. . . .'' In its 2019 IRS Form 990, the Sports Fan Coalition
lists you as serving as Secretary and an Officer. Why did you not
disclose these positions on your Senate Commerce questionnaire, in
addition to your disclosure of board membership?
Answer. I was not a member of the board of Sports Fans Coalition
NY, Inc. (SFCNY) in 2019. I joined the board of SFCNY in March 2020 and
have never been Secretary or an Officer. The Chair of SFCNY has
informed me that this was a clerical error and that the organization
will be filing an amended 2019 IRS Form 990 shortly. That 2019 Form 990
will properly list Habiba Alcindor as Secretary and an Officer and
Phillip Berenbroick as a Board Member of SFCNY.
Question 2. In March 2020, you issued a statement that said ``I'm
honored to join the Locast board.'' In your Committee questionnaire in
Part A.11., you were asked to identify all positions that you held as
an officer. You did not list any board membership for Locast. Please
explain this discrepancy or omission.
Answer. Locast was a streaming service run by SFCNY, it is not a
separate corporate entity. I listed my board membership in SFCNY in
Part A.11 of the Committee questionnaire.
Question 3. Where did the money come from for the payment of the
$32 million settlement in connection with the Locast case?
Answer. The settlement funds come from amounts collected to fund
SFCNY operations after SFCNY pays its vendors.
Question 4. Can you detail the discussions you have had--including
with government officials and private sector entities--regarding
potential recusals or conflicts of interest in connection with
broadcasters or the broadcast industry? Have determinations been
reached regarding the scope and nature of a recusal? If yes, please
share that determination.
Answer. On October 26, 2021, I signed an ethics agreement with the
FCC's Designated Agency Ethics Officer. In this agreement, I committed
that I would not participate ``personally and substantially . . . in
any particular matter'' involving SFCNY ``unless I am first authorized
to participate, pursuant to 5 C.F.R. Sec. 2635.502(d).'' In addition, I
have spoken with stakeholders in Congress, the Executive Branch, and
external stakeholders about the recusals required by law and regulation
regarding with my Board membership of SFCNY.
Question 5. Have you ever expressed to anyone opposition to Jessica
Rosenworcel being nominated or confirmed to serve another term as an
FCC commissioner?
Answer. No.
Question 6. Has the White House expressly stated that you will not
be designated as Chair of the Commission?
Answer. President Biden has designated Jessica Rosenworcel Chair of
the Commission, and no one has discussed with me whether or not I would
be designated as Chair.
Question 7. Did you have any discussions with the White House or
anyone else regarding the possibility of your serving as chair of the
FCC?
Answer. I expressed an interest to the White House in serving as
chair last March but have had no additional discussions regarding that
possibility since that time. I have discussed it with others outside
the White House.
Question 8. During the last Administration, some Senators asked
then-FCC Chairman Pai to commit to disclosing contacts with the White
House. Do you commit to disclosing to me and my colleagues all contacts
and communications you or your staff receive from the White House?
Answer. I commit to following the past practice of Commissioners
regarding these contacts.
Question 9. On net neutrality, during your confirmation hearing, I
asked you to identify harms that flowed from the FCC's 2017 decision to
repeal the Obama-era Title II regulations. You responded by claiming
that a broadband provider throttled a Santa Clara fire department in
2018.
1. Is it your view that the broadband provider's conduct would have
violated the 2015 Open Internet Order's bright line rule on
throttling?
2. Or, did the particular plan that Santa Clara purchased offer
service at one speed for a particular amount of data and then
additional data at a different speed in a manner allowed by the
FCC's 2015 ``no throttling'' rule?
3. Did the 2015 Open Internet Order apply, by its terms, to the type
of government or enterprise offering purchased in the example
you cited?
Answer. The repeal of the 2015 Open Internet Order, including the
FCC's relinquishment of its oversight over broadband impacted the Santa
Clara County Fire Department because the Fire Department had no
recourse when its broadband was throttled. Indeed, it was a seven-month
dispute over a data plan that impacted the Fire Department's ability to
communicate with other public safety entities and the public. But the
Fire Department had no government entity that it could turn to for a
resolution of the dispute. Neither the FCC nor the FTC publicly offered
its help to resolve the matter after it became national news. The FCC's
lack of oversight of broadband was more the cause for this situation
than the lack of bright line net neutrality rules.
Based on the public accounts, the plan used by the Santa Clara
firefighters was one of several standard plans offered by Verizon to a
wide range of customers. If true, even though Santa Clara is a public
safety/government user rather than a residential user, the plan could
still be a ``consumer'' offering. It would be a very unfortunate result
if firefighters and other first responders received less protection
than typical consumers.
Question 10. How should the FCC, the FAA, and the wireless and
aviation industries address interference concerns related to 5G
deployments using C-Band spectrum?
Answer. All parties agree that public safety is a priority for the
FAA and FCC, not to mention stakeholders in the aviation and wireless
industry. Recognizing the very significant ramifications of a delay in
C-band deployment, I am hopeful that the FCC, FAA, and the wireless and
aviation industries can come together to analyze and solve this problem
expeditiously, in good faith, in a manner that ensures safety and
deployment can coexist. Going forward, I agree with Chairwoman
Rosenworcel that the best way to prevent this kind of situation in the
future is to ensure that the FCC and its Federal counterparts work
together in a transparent and collaborative manner. If confirmed, I
look forward to working with the Chairwoman and the other commissioners
to assist in this process.
Question 11. Do you agree with the FCC's 2020 decision to approve
Ligado's application to offer terrestrial low-power services? Do you
agree with the FCC's 2021 decision to deny a stay of that decision?
Answer. Because I am not currently serving at the FCC, I have not
yet had access to classified information subsequently shared with the
FCC following the FCC's decision. Additionally, because the matter
remains pending before the Commission, and I may be required to vote on
the issue, I am unable to express an opinion pre-judging the matter. I
note that Congress chose to impose additional safeguards against
possible interference, including delay until completion of further
study, as part of the National Defense Authorization Act of 2020 rather
than voting to overrule the FCC in its entirety. If confirmed, I would
seek access to classified information related to this matter and would
be guided by Congress and the Communications Act to ensure that
critical defense systems do not suffer harmful interference.
Question 12. Journalistic endeavors aside, what value do you
believe local broadcasters bring to their media markets?
Answer. As I stated at the hearing, local broadcasters are vital to
the lifeblood of every community. Of the various communications
platforms, broadcasters alone are responsible for providing local
emergency alerts, local news, and local information to their
communities of license. I also committed to work with Congress on
policies to support local broadcasters. At the same time, I believe
that there should be a diversity of ownership and diversity of
viewpoint in the broadcasting industry. If confirmed, I look forward to
working with this Committee and the other Commissioners to determine
how best to achieve the Commission's goals of localism, competition,
and diversity in the broadcasting industry, including the collection of
reliable data to assess trends in ownership diversity.
Question 13. Would you agree that U.S. copyright laws need to be
updated? If yes, how would you suggest Congress do so?
Answer. I do have some background in copyright through my prior
experience as Co-founder and Chief Executive Officer of the public
interest organization Public Knowledge, which, among other things,
promoted policies that both ensured that creators could profit from
their works and that the public was able to lawfully make use of those
works, including those works that they purchased. However, I have not
focused on these types of copyright issues in recent years so I do not
have any specific opinions related to updating U.S. copyright laws.
Further, such copyright issues are not within the jurisdiction of the
Commission, so I would not expect that I would be involved in any
legislative initiatives should I be confirmed.
Question 14. Last July, President Biden signed an Executive Order
on ``Promoting Competition in the American Economy'' that, in part,
encouraged the FCC to consider a number of policy actions, including
reinstating net neutrality rules on broadband access to residential and
office buildings. Since the EO's publication, the FCC issued a Notice
of Inquiry on the latter topic, raising a potential concern that the
FCC is taking direction from the White House on telecommunications
policy.
1. Do you support any of the recommendations focused on the FCC
contained in the Executive Order? If yes, which
recommendations.
2. To what extent have you, in either a professional or personal
capacity, engaged with White House staff or Biden transition
team staff in developing or reviewing policy for any version
the aforementioned Executive Order on competition?
3. Courts have generally held that agencies are given deference in
court because they are ``expert'' agencies. If you were
involved in writing or otherwise contributing to the policy of
the Executive Order that predetermined the outcome of a
rulemaking, do you think your agency would deserve deference?
Answer. I have supported the recommendations of the Executive Order
focused on the FCC in the past both as a public interest advocate and
as a staffer to former FCC Chairman Tom Wheeler. I have not engaged
with the White House staff or the Biden transition team in either
developing or reviewing policy, writing, or otherwise contributing
policy for any version of the Executive Order on Competition. I cannot
comment on hypotheticals. The issue of deference is largely determined
by the courts based on whether the expert agency involved was or was
not arbitrary and capricious when making its determination.
Question 15. President Biden has called for the reinstatement of
``net neutrality'' and Title II reclassification of broadband in his
July Executive Order on competition, and you have stated that the FCC
has authority to reclassify broadband under Title II.
1. If the FCC adopts net neutrality regulations that classify
broadband under Title II, do you support the FCC pursuing a
broadband consumer privacy rule similar to the rule adopted by
the FCC in 2016 if Congress has not acted on a comprehensive
privacy bill?
2. Should there be different privacy rules for Internet service
providers and edge providers?
3. Looking at the current state of the broadband market, can you
identify which provisions of Title II the FCC should apply to
broadband beyond those included in the 2015 Open Internet
Order, if any?
4. If the FCC pursues a net neutrality rulemaking, do you believe
that the rulemaking would or should preempt state net
neutrality laws such as California's Internet Consumer
Protection and Net Neutrality Act?
Answer. In 2017, Congress repealed the FCC's 2016 broadband
consumer privacy rules under the Congressional Review Act, which
prohibits the agency from adopting ``substantially similar'' rules in
the future. Under the law, the FCC could not pursue a broadband
consumer privacy rule that is substantially similar to the one repealed
in 2017.
While I was working for Chairman Tom Wheeler at the FCC from 2013-
2016, the FCC adopted privacy rules for Internet service providers. It
could not apply those rules to edge providers because the FCC lacks
jurisdiction over those providers. Chairman Wheeler made it clear
however, that he viewed the FCC's privacy rules as a template for rules
that could also be applied by Congress to edge providers.
Should the FCC move forward to adopt net neutrality rules and
reclassify broadband Internet access providers as a Title II
telecommunications service, it would have to start a new proceeding
that will look at changes in, among other things, technology, how
consumers use the Internet, and business practices. If confirmed, I
would look at the totality of the record and the law and come to a
conclusion about which provisions should apply, and whether preemption
is warranted and the scope of that preemption, with input from staff,
my fellow commissioners and members of this Committee.
Question 16. In 2017, you stated that ``[a]ny weakening of the
[FCC's privacy] rules by either the Trump FCC or Congress will leave
consumers unprotected from ISP data collection, use and security
practices that might violate their privacy.'' Please list the privacy
violations by ISPs that have occurred since you made that statement.
Answer. The Federal Trade Commission recently published a study of
six major ISPs--AT&T, Verizon, Charter, Comcast, T-Mobile, and Google--
that examined the industry's privacy practices since 2017.\1\ Among
other things, the study found that ISPs have regularly violated user
privacy by:
---------------------------------------------------------------------------
\1\ See Federal Trade Commission, Staff Report, A Look At What ISPs
Know About You: Examining the Privacy Practices of Six Major Internet
Service Providers (October 21, 2021) (https://www.ftc.gov/system/files/
documents/reports/look-what-isps-know-about-you-examining-privacy-
practices-six-major-internet-service-providers/
p195402_isp_6b_staff_report.pdf).
Disclosing real-time location data to third parties,
---------------------------------------------------------------------------
including bounty hunters;
Collecting data unnecessary for the provision of Internet
service to target ads;
Collecting data on sensitive characteristics such as
political affiliation, sexual orientation, and religious
beliefs; and
Using confusing interfaces, sometimes called ``dark
patterns,'' to mislead consumers into inadvertently sharing
more data.
Importantly, ISPs often retain this data for years, even after
customers have terminated their relationship with the ISP.
Question 17. As you stated in 2017, the Congressional Resolution of
Disapproval that vitiated the 2016 FCC ISP Privacy Rules ``ensure[d]
that the FCC cannot adopt `substantially similar' rules.'' If the FCC
reclassifies broadband services as telecommunications services, what
rules do you believe the FCC could impose on ISPs given that any such
rules could not be ``substantially similar'' to the rules adopted in
2016?
Answer. Any proposal to reinstate ISP privacy rules--assuming
reclassification of broadband services--would have to be conducted
under notice and comment pursuant to the Administrative Procedure Act.
The proceeding presumably would include seeking comment on what is or
is not ``substantially similar'' to the 2016 ISP privacy rules. As
such, any final rules would need to reflect the record developed, as
well as comply with the Congressional directive from the Resolution of
Disapproval.
Question 18. On net neutrality, you have said that you are not
advocating for the FCC to reinstate the Obama-era Title II regulations;
rather, you have said that the FCC should go beyond that. In
particular, you have said ``I'm not advocating for just reinstating the
old rules.'' In light of this statement, please respond to the
following with a yes or no:
1. Do you commit to not applying price controls or rate regulations
to broadband providers--either through rate setting or through
determining the lawfulness or reasonableness of rates charged?
2. Do you commit to not regulating rates by prohibiting free data or
zero-rating plans, which allow consumers free access to popular
services?
3. Do you commit to not regulating interconnection agreements?
4. Do you commit to not applying any form of unbundling obligations
on broadband providers?
Answer. Should the Chairwoman move forward with a proceeding to
adopt net neutrality rules and reclassify broadband Internet access
providers as a Title II telecommunications service, the Commission
would have to start a new proceeding that will look at changes in,
among other things, technology, how consumers use the Internet, and
business practices. If confirmed, I would look at the totality of the
record and the law and come to a conclusion with input from staff, my
fellow commissioners and members of this Committee about the proper
scope of net neutrality rules and forbearance from Title II
obligations.
As I said unequivocally in my confirmation hearing, I agree with
the Chairwoman that the FCC should not set rates for broadband
services.
Question 19. Should the FCC have authority to determine the
reasonableness of broadband rates, and if so, how would it make such
determinations?
Answer. As I stated in my testimony and at the hearing, I do not
believe the FCC should regulate the rate of broadband service. In 2015,
the FCC chose to forbear from rate regulation as part of its Title II
proceeding and I support that decision. The FCC is, however, charged by
Congress under the universal service statute with ensuring that rates
charged in rural areas are reasonably comparable to those charged in
urban areas. The FCC has rules to gather information on such rates and
to reduce the USF support of providers participating in the universal
service program that fail to offer consumers in rural areas broadband
service at or below the relevant comparability benchmark based on the
Urban Rate Survey. Protecting rural consumers in this way is important
and, if confirmed, I will work with my Commission colleagues to ensure
the Commission is living up to this Congressional directive.
Question 20. In 2017, you stated that ``[t]he Federal Trade
Commission has no legal authority to oversee ISP practices.'' On what
legal basis did you make this statement?
Answer. I am unaware of the context in which this statement arose,
but I was most likely talking about the FTC's ability to enforce net
neutrality's bright line principles, i.e, no blocking, no throttling
and no paid prioritization. While the FTC under its Section 5 authority
does oversee ``unfair or deceptive practices,'' of ISPs, it has
interpreted that authority to apply only to those occasions where the
ISP either promises to engage (or not engage) in a certain behavior but
does it anyway, or whether it has failed to tell a consumer that it
will engage in certain behavior. In other words, if an ISP reserves the
right to engage in blocking, throttling and paid prioritization and
tells the consumer, the FTC has no authority to regulate that behavior.
Question 21. In June 2018, you stated that ``[t]he end of the 2015
net neutrality rules and the legal authority on which they are based
will allow companies like Comcast, AT&T and Verizon to take control of
consumers' Internet experience and favor or disfavor websites,
programming services and applications at will.'' That was more than
three years ago. What evidence do you have that ISPs have engaged in
such activities after the FCC, under Chairman Pai, restored the
classification of broadband services as information services?
Answer. As I stated at the hearing, my main concern with the 2017
repeal of the net neutrality rules and reclassification of broadband
was the abdication of FCC oversight over broadband and that the
majority of harms since the repeal involved the loss of oversight more
than the bright line rules. I discussed the throttling of Santa Clara
Firefighters broadband during the Mendocino Complex fire as just one
example of that.
However, in 2018, academic research led by Northeastern University
and the University of Massachusetts at Amherst reviewed crowdsourced
data from the Wehe app and found that for mobile Internet service
providers in the United States, ``we don't see evidence of Internet
service providers throttling only when the network is busy; as far as
we can tell, it's 24/7, and everywhere.'' Professor David Choffnes, the
lead researcher, noted that this throttling created a ``slippery
slope,'' because ``[t]oday it's video, but what is it going to be
tomorrow? When Internet service providers decide to take control and
make decisions on behalf of consumers and/or content providers, what's
going to be the fallout for those decisions? Is it actually in
everyone's best interests?''
It's also important to note that there is ongoing litigation over
the 2017 repeal, as well as a growing number of states that have passed
their own net neutrality laws and regulations. California, Colorado,
Maine, Oregon, Vermont and Washington State have passed net neutrality
laws and Hawaii, Montana, New Jersey, New York, and Rhode Island have
put in place net neutrality contracting requirements. As a result,
broadband providers have been cautious about their business practices.
Question 22. In April 2017, you stated that the FCC's decision to
restore the agency's previous decision not to regulate broadband
services like legacy telephone services ``will not only fail to provide
effective broadband privacy protections, it will come at the cost of
eliminating the FCC's net neutrality rules that prohibit ISPs like
Comcast and AT&T from picking winners and losers on the internet.''
What evidence do you have that ISPs have been picking winners and
losers on the Internet during the past four years?
Answer. As I stated at the hearing, my main concern with the 2017
repeal of the net neutrality rules and reclassification of broadband
was the abdication of FCC oversight over broadband and that the
majority of harms since the repeal involved the loss of oversight more
than the bright line rules. I discussed the throttling of Santa Clara
Firefighters broadband during the Mendocino Complex fire as just one
example of that.
However, in 2018, academic research led by Northeastern University
and the University of Massachusetts at Amherst reviewed crowdsourced
data from the Wehe app and found that for mobile Internet service
providers in the United States, ``we don't see evidence of Internet
service providers throttling only when the network is busy; as far as
we can tell, it's 24/7, and everywhere.'' Professor David Choffnes, the
lead researcher, noted that this throttling created a ``slippery
slope,'' because ``[t]oday it's video, but what is it going to be
tomorrow? When Internet service providers decide to take control and
make decisions on behalf of consumers and/or content providers, what's
going to be the fallout for those decisions? Is it actually in
everyone's best interests?''
It's also important to note that there is ongoing litigation over
the 2017 repeal, as well as a growing number of states that have passed
their own net neutrality laws and regulations. California, Colorado,
Maine, Oregon, Vermont and Washington State have passed net neutrality
laws and Hawaii, Montana, New Jersey, New York, and Rhode Island have
put in place net neutrality contracting requirements. As a result,
broadband providers have been cautious about their business practices.
Question 23. The recently-enacted Infrastructure Investment and
Jobs Act (IIJA) provides $65 billion for broadband. The law also
directs the Government Accountability Office to examine whether the
FCC's current definition of high speed broadband (25/3 Mbps), is
appropriate. Do you believe that the current definition is appropriate?
If not, what do you believe should be the appropriate definition? Do
you think there are any downsides to adjusting the benchmark speeds
upwards?
Answer. I do not think the 2015 Federal definition of broadband
adequately reflects the modern needs of consumers and businesses. I
agree with the IIJA's statutory text to provide funding to deploy 100/
20 Mbps minimum last mile access that can ``easily scale,'' ``meet the
evolving connectivity needs of households and businesses,'' and
``support the deployment of 5G, successor wireless technologies, and
other advanced services.'' I believe a bipartisan majority of Congress
correctly understood that our modern needs of broadband will continue
to grow and the FCC should keep pace with the congressional directive.
I do not believe there are downsides to adjusting the benchmark so
long as it is tethered to modern uses in healthcare, education,
business, farming, and current personal home uses. Given the direction
Congress has given with the IIJA, I believe it is important for the FCC
to follow that direction in updating its data collection and reporting
efforts in order to assess which communities have access to
infrastructure Congress intended for them to obtain.
Question 24. IIJA will provide tens of billions in funding to
expand broadband deployment. In an interview with the Wall Street
Journal about the law, you noted that the IIJA ``can be supplemented
with action from the FCC and other agencies.'' What other actions do
you believe the FCC should take to supplement the broadband provisions
in the IIJA?
Answer. Section 60104 of the IIJA requires the FCC to ``commence a
proceeding to evaluate the implications of this Act and the amendments
made by this Act on how the Commission should achieve the universal
service goals for broadband'' and requires the Commission ``to submit
to Congress a report on the options of the Commission for improving its
effectiveness in achieving the universal service goals for broadband in
light of this Act and the amendments made by this Act, and other
legislation that addresses those goals.''
The FCC's Universal Service Fund supports, among other things,
connectivity to schools and libraries and rural health care facilities
as well as phone and broadband service to low-income families and
support for broadband deployment in high-cost areas. After conducting
the proceeding required by the IIJA, the FCC may determine that
continued USF support in some or all of those areas may continue to be
necessary to ``achieve the universal service goals for broadband.''
Question 25. During your confirmation hearing, you noted that a key
aspect of closing the digital divide is affordability. With the
enactment of the IIJA, which establishes the Affordable Connectivity
Program, should the FCC consider any other policies to address
broadband affordability? If yes, what policies should the FCC consider?
Answer. If confirmed, I would want to look at the conclusions and
the recommended options the FCC makes under Section 60104 of the IIJA
for ``improving the effectiveness in achieving universal service goals
for broadband in light of this Act, and other legislation that
addresses those goals. One option the FCC might consider is how it can
make its Lifeline program more accessible and useful to low-income
Americans. Since 2017, the number of Lifeline recipients has decreased
by 40 percent and the program's budget has shrunk accordingly.
Currently, less than 20 percent of Americans who are eligible for
Lifeline take advantage of it. That is in part because the FCC has
erected barriers to eligibility and use of the program and in part
because it has not worked with states to complete the National
Eligibility Verifier, which can make swift and accurate determinations
of Lifeline eligibility. If confirmed, I would like to work with the
states to ensure that they connect their state government assistance
databases to the Verifier and with the Chairwoman to figure out other
ways to strengthen the Lifeline program.
Question 26. During your confirmation hearing, you suggested that
closing the homework gap could be addressed through expanding the E-
Rate program to allow funds to be used in the home. Under what legal
authority does the FCC have to expand the E-Rate program to the home
and how should this be paid for?
Answer. 47 U.S.C. Sec. 254(h)(2)(A) states that the Commission
shall establish ``competitively neutral rules'' to enhance . . . access
to advanced telecommunications and information services for all public
and nonprofit elementary and secondary school classrooms, . . .''
Chairwoman Rosenworcel and Commissioner Starks have urged that,
especially since the beginning of the COVID-19 pandemic, the
``classroom'' is not just in the school building, but also in the home.
I agree with this assessment and believe that the FCC has the authority
to interpret Section 254 in this manner.
Some of these home connections have been paid for through the
Emergency Connectivity Fund, which was passed as part of the American
Rescue Plan, but the annual E-Rate budget could also be used to pay for
these home connections. For example, because of the reforms launched in
the 2014 and 2015 E-Rate modernization dockets, according to some
estimates,\2\ the E-Rate budget had a nearly $2 billion unallocated in
March 2020. Some of that money could have been used to provide home
connections during the heart of the pandemic.
---------------------------------------------------------------------------
\2\ Amir Nasr, the Homework Chasm, Slate (March 30, 2020, found at
https://slate.com/technology/2020/03/coronavirus-school-broadband-
homework-gap.html)
Question 27. Please provide a copy of the recent Locast settlement
to the Committee.
Answer. I respectfully refer the Committee to the broadcast
networks and SFCNY directly to obtain a copy of the settlement
agreement.
Question 28. If confirmed, how do you plan on approaching broadcast
networks that sued Locast if issues, orders, or proceedings that impact
them come before the Commission?
Answer. If confirmed, I will approach issues, orders and
proceedings involving the broadcast networks as I would any
proceeding--with an open mind. As required by the Administrative
Procedure Act, if confirmed, my decision in any particular proceeding
will be dictated by the totality of the record in a proceeding and the
law, along with input from staff, my fellow commissioners, and the
Members of this Committee. If confirmed, I also plan on meeting with
local broadcasters to discuss how the FCC can help them be more
competitive, resilient and diverse.
______
Response to Written Questions Submitted by Hon. John Thune to
Gigi B. Sohn
Question 1. Last July, President Biden signed an Executive Order on
``Promoting Competition in the American Economy'' that encouraged the
FCC to consider a number of policy actions, including reinstating Title
II regulations on the Internet and increasing regulation of broadband
access to residential and office buildings. Since, the FCC issued a
Notice of Inquiry on the latter issue, raising a potential concern that
the FCC is taking direction from the White House on telecommunications
policy.
1. Do you support the recommendations directed at the FCC contained
in the Executive Order? If yes, which recommendations?
2. To what extent have you, in either a professional or personal
capacity, engaged with White House staff or Biden transition
team staff in developing or reviewing any version the
aforementioned executive order on competition?
Answer. I have supported the recommendations of the Executive Order
directed at the FCC in the past both as a public interest advocate and
as a staffer to former FCC Chairman Tom Wheeler. I have not engaged
with the White House staff or the Biden transition team in either
developing or reviewing policy, writing or otherwise contributing
policy for any version of the Executive Order on Competition.
Question 2. The FCC's Alternative Cost Model (ACAM) program is
helping bring broadband to rural Americans who are the hardest to
serve. However, the benefits of the ACAM program are constrained by
specific terms that deny consumers faster broadband speeds. Do you
support the FCC acting on a petition pending before the Commission to
adopt modifications to the program to more quickly bring higher speeds
to consumers served by the ACAM program?
Answer. As I noted at the hearing, over the past two decades I've
worked towards the goal of ensuring that every household in the U.S.
has robust and affordable broadband Internet access. If confirmed, I
look forward to reviewing the record developed regarding the referenced
petition to determine whether modifications are needed to the ACAM
program.
Question 3. What do you believe the FCC's role should be relating
to Section 230 and do you support Congressional action to address
online transparency concerns like my bipartisan PACT Act?
Answer. I have publicly stated that I don't believe that the FCC
currently has the authority to interpret Section 230. I am very
supportive of Congressional action to address online transparency and
have spoken favorably of the PACT Act in several public forums.
Question 4. The Universal Service Fund at the FCC has had a
significant impact on states like South Dakota that have large rural
areas. Do you believe it is important to provide rural broadband
providers, particularly rate of return carriers, regulatory certainty
in the USF program?
Answer. Yes. Throughout my 30+ year career, my priority has been to
ensure that modern communications networks are available to everyone
regardless of who they are or where they live, which is at the heart of
the USF program. For the past 15 years, my priority has been ensuring
that every household in the U.S. has robust broadband Internet access,
and that any government funding for broadband should be spent wisely,
effectively, and with transparency and accountability. For example,
while at the FCC, I worked on the Commission's successful modernization
of the E-Rate, Lifeline, and high-cost programs, which seek to ensure
that schools, libraries, and low-income and rural households have
broadband Internet access. The Communications Act also requires that
the FCC preserve and advance universal service by ensuring that access
to advanced services be provided in all regions of the nation,
including to low-income consumers and those in rural, insular, and high
cost areas.
As I discussed at the hearing, the bipartisan Infrastructure
Investment and Jobs Act (IIJA) requires that the FCC submit a report to
Congress within nine months on the impact that the $65 billion of new
deployment funding has on the USF and on recommendations for how to
proceed. That provision is so important because an assessment of the
USF will provide regulatory certainty going forward. Hearing about the
infrastructure funding is significant and critical to meet the Nation's
needs. Through all of these efforts, it is essential for the FCC to
obtain input from the public, state and local entities, as well as the
broadband providers about ongoing needs to meet our universal service
objectives. Moreover, the FCC will need to communicate effectively
about any potential changes to current programs as a result of its
assessment and complete any required rulemaking processes to implement
such changes.
Question 5. You stated in your testimony that ``Markets work best
when there is vigorous competition.'' I agree. However, government
subsidized competition, is not vigorous competition. That is why I have
opposed government subsidies that allow for overbuilding. If confirmed,
will you commit to prioritize future FCC funding towards unserved
areas, not creating so-called competition in less rural areas?
Answer. I support the framework in the IIJA that requires States to
provide funding first to deploy broadband in unserved areas and only
then provide funding to deploy broadband in underserved areas. I think
that is a sound model for future FCC funding as well.
______
Response to Written Questions Submitted by Hon. Roy Blunt to
Gigi B. Sohn
Question 1. Ms. Sohn, you were a key architect of the Obama FCC's
net neutrality rules, which Republicans largely opposed. However, I
think if you surveyed Republicans on our committee today, what they
were opposed to wasn't so much the bright line rules against blocking
and throttling content--which have never been common practices among
broadband providers to begin with--but the regulatory uncertainty that
the Title II regulatory framework created. In particular, many of us
were concerned about the vague ``general conduct'' standard, which
would have given FCC bureaucrats the discretion to prohibit and punish,
on an open-ended case-by-case basis, so-called ``unreasonable''
practices by broadband providers.
Under the general conduct standard, providers were left to guess
whether their popular consumer offerings--such as those that offered
unlimited sponsored content streaming--would be deemed impermissible.
In conjunction with the equally open-ended authority to regulate
providers' charges and practices under Title II, this amorphous
``general conduct'' standard sowed tremendous uncertainty among U.S.
broadband providers and undermined their ability to innovate and invest
in our networks.
At our in-person meeting in November, you stated that your main
concern with the previous FCC's reversal of the Obama FCC's net
neutrality rules wasn't about blocking throttling, or paid
prioritization--but a lack of ``oversight'' and opportunity for FCC
``recourse'' when it comes to other conduct that you consider
problematic.
That sounded an awful lot to me like a general conduct standard for
the Internet.
1. Ms. Sohn, are you in favor of bringing back a general conduct
standard for broadband providers?
2. If so, do you think that the 2015 net neutrality order took the
right approach with its general conduct rule?
3. Or do you think that the latter was too vague and gave too much
discretion to the FCC to review providers' business models?
Answer. Should the Chairwoman move forward with a proceeding to
adopt net neutrality rules and reclassify broadband Internet access
providers as a Title II telecommunications service, the Commission
would have to start a new proceeding that will look at changes in,
among other things, technology, how consumers use the Internet, and
business practices. If confirmed, I would look at the totality of the
record and the law and come to a conclusion with input from staff, my
fellow commissioners and members of this Committee about the proper
scope of net neutrality rules (including adoption of a general conduct
standard or similar standard) and forbearance from Title II
obligations.
However, I have been critical of the general conduct standard in
the past. In an October 2020 paper, I stated that the general conduct
standard was ``too vague and complicated'' and urged that it be
replaced with a simple ``unreasonable discrimination'' standard similar
to that adopted by the FCC in 2011.
Question 2. Ms. Sohn, I voted for the Infrastructure Investment and
Jobs Act in part because of its significant investment to bridge
broadband access gaps in unserved areas of our country.
In drafting this legislation and striking our bipartisan deal,
legislators made the following clear: our priority is to bring
broadband access to every unserved American, including the
approximately one third of rural Missourians who lack access to any
broadband whatsoever, regardless of the technology used to do so. It
makes no sense to use the funding to upgrade or duplicate networks in
areas that already have access to high speeds, particularly if that
comes at the expense of bringing broadband to those Americans who have
nothing. A technology-neutral policy is not only the fairest and most
cost-effective approach; it is also reflects this country's time-
tested, bedrock belief that eschewing technological mandates is the
best way to promote innovation and investment in our networks.
1. Ms. Sohn, do you believe that a technology neutral approach is
the best policy when it comes to Federal broadband subsidies?
2. Do you agree to heeding Congress' will that--that Federal
broadband policy should be technology neutral--in executing
your duties, such as in the Commission's annual requirement
under Section 706 of the 1996 Telecommunications Act to
``determine whether advanced telecommunications capability is
being deployed to all Americans in a reasonable and timely
fashion''?
Answer. The FCC has long recognized on a bipartisan basis that
Americans expect to have access to robust fixed and mobile broadband
networks, and the bipartisan IIJA is expected to significantly advance
the availability of robust, scalable networks capable of facilitating
5G and other advanced technologies in currently unserved and
underserved areas. I agree with the IIJA's framework and priorities,
which give states the authority to determine what technologies best fit
their residents' needs. It offers the Nation an opportunity to finally
ensure that every American has access to at least one robust, broadband
network. It will be important for the FCC to also coordinate its USF
and Affordable Connectivity Program efforts so that low-income
consumers can purchase the broadband service of their choice.
Question 3. Ms. Sohn, in April 2020, you stated on Twitter: ``I
call `overbuilding' competition, which is important because a lot of
rural #broadband networks are inadequate to meet the needs of
residents.''
1. In your mind, what threshold of broadband service counts as
``adequate''?
2. Do you consider a network inadequate if download and upload
speeds are asymmetrical?
3. Do you consider a population with access to 100/20 Mbps but not
100/100 Mbps ``underserved''?
4. Do you believe that Federal broadband funding should be used to
overbuild networks in areas that already have high-speed
broadband but where speeds are not symmetrical?
Answer. I support the bipartisan framework of the IIJA, which
requires carriers receiving Federal funds for deployment to deploy a
minimum of 100/20Mbps in unserved areas and which defines
``underserved'' areas as those where not less than 80 percent of the
``broadband serviceable locations'' cannot receive 100/20 Mbps speeds.
I also support the IIJA's mandate that states first fund carriers to
deploy broadband in unserved areas before they can fund carriers to
deploy broadband in underserved areas.
Question 4. You mentioned at the hearing that Locast, the entity
you sat on the board of that was successfully sued for retransmitting
copyrighted content, provided local broadcast signals to consumers who
could not get them over the air, such as viewers in ``orphan
counties.''
1. Can you provide the committee with a list of how many Locast
subscribers there were over the time Locast was operating,
broken down by each of the 36 television markets in which you
operated this service?
2. From that list, can you also break out how many of those
subscribers reside in ``orphan counties,'' again broken out by
television market?
Answer. My understanding is that Locast has ceased doing business.
I respectfully refer you to the nonprofit organization that ran Locast,
Sports Fan Coalition NY, Inc. (SFCNY) regarding any informational
requests for data that it may have.
Question 4a. To better understand your role as a member of the
board of directors of Locast, please also answer the following
questions:
1. What was your role as a member of the board?
2. As a Locast board member, did you sign the settlement agreement
with the television networks?
3. Why did Locast choose to settle?
4. Who will be paying for the settlement?
5. Will you provide the Committee with the settlement agreement?
6. Will you also provide any other related documents pertaining to
the settlement that explain what your role with Locast is or
was, and any liabilities or other requirements you or Locast
are responsible for as a result of the judgment against Locast?
Answer. Locast was a nonprofit service that provided local
broadcast signals to people who couldn't receive them, including many
in rural areas of the country. It relied on a copyright exemption (17
U.S.C. Sec. 111(a)(5)) for nonprofits. I believed that was a good thing
both for viewers and for local broadcast stations, but the networks
disagreed. They sued and the service was shut down.
In my role as a board member of Sports Fans Coalition NY, Inc.
(SFCNY), I participated in quarterly board meetings. In those meetings
I reviewed financial statements and plans to expand the service. I was
also involved in the decision to shut the service down after the
District Court ruling that Locast did not qualify for an exemption
under 17 USC Sec. 111(a)(5). My understanding is that any damages will
be paid from amounts collected to fund SFCNY operations after the
organization pays its vendors.
As a board member, I signed the settlement agreement. I
respectfully refer the Committee to the broadcast networks and SFCNY
directly to obtain a copy of the settlement agreement.
______
Response to Written Questions Submitted by Hon. Deb Fischer to
Gigi B. Sohn
Question 1. Given the significant funding allocated for broadband
deployment across several agencies recently, I want to focus on
maximizing these critical Federal investments. I am concerned about the
Federal government funding redundant networks in a manner that ends up
limiting fuds and resources for rural areas that do not have any
broadband connection.
After Congress passed the bipartisan infrastructure bill, Commerce
Secretary Gina Raimondo spoke on the transparency and oversight needed
for state broadband proposals. She stressed, ``We have to make sure
that we don't spend this money overbuilding.'' During the hearing, you
stated that you supported Secretary Raimondo's position on
overbuilding. Do you still agree with Secretary Raimondo's comments
that we ``don't spend this money on overbuilding?''
Answer. Yes. As I stated at the hearing, I agree with the approach
in the infrastructure bill that requires funding to be provided to
unserved areas first.
Question 2. As mentioned during the hearing, you previously
indicated that FCC subsidies can be helpful in ``forcing companies to
compete.'' You also have tweeted that ``Whenever you hear anybody
complain about `overbuilding' of broadband networks, translate that to
`competition'.''
1. If confirmed as commissioner, will you ensure that funding
available for broadband deployment within your jurisdiction is
prioritized to expand networks to unserved areas, first?
2. If confirmed as commissioner, will you ensure that broadband
deployment funds are not used to overbuild existing networks?
If so, how?
Answer. I support the framework in the IIJA that requires States to
provide funding first to deploy broadband in unserved areas and only
then provide funding in underserved areas. I think that is a sound
model for future FCC funding as well and if confirmed, I will urge the
FCC to follow that model.
Question 3. During the hearing, you framed the policy-related
statements you previously made on your Twitter account in the context
of being an advocate at the time, distancing your personal views from
certain comments that you have made publicly.
1. As a public advocate on communications policy, do you advocate
for policies in which you believe?
2. Are there any particular statements that you have tweeted as a
public advocate that you no longer agree with?
Answer. Yes, as a public advocate on communications policy I
advocate for policies which I believe will benefit consumers. I have
tweeted thousands of times since 2009 and I am sure that there are
statements that I no longer agree with because of changed circumstances
or because somebody convinced me otherwise. And as I testified at my
hearing, I do regret the sharp tone of some of my tweets.
Question 4. During the hearing, you said you were not certain
whether you had advised former FCC Chairman Tom Wheeler about the
Commission's actions on municipal broadband in February 2015, which
sought to undermine state laws. However, in an interview on a South by
Southwest panel that followed in March 2015, you disclosed that the
controversial Municipal Broadband Order was pushed through because
people were distracted by net neutrality. You said, ``It was on purpose
. . . you're going to do two controversial things, try to bury one,
right?''
1. If confirmed as commissioner, will you commit to conducting your
work in a transparent and ethical manner?
2. At this time, do you recall whether you advised former FCC
Chairman Wheeler on the Municipal Broadband Order, while you
were his counselor?
Answer. If confirmed, I will commit to conducting my work in a
transparent and ethical matter. Although my choice of words at the 2015
panel was poor, the FCC in fact did not ``bury'' the Municipal
Broadband Order. It was circulated to the other commissioners and
placed on the Commission's agenda just like any other order, including
the net neutrality order. There was no effort to hide the ball.
I still don't recall specifically advising the Chairman on the
Municipal Broadband Order. He had a large team working on the Order and
my focus at the time was more on the Open Internet Order, which as you
noted, was adopted at the same time. But I certainly supported the
Order and have supported the ability of communities to choose whether
or not to build their own broadband networks.
______
Response to Written Questions Submitted by Hon. Jerry Moran to
Gigi B. Sohn
Question 1. I appreciate that you stated multiple times during the
hearing that you are a supporter of local broadcast stations. However,
Locast was found by Federal judge earlier this year to be illegally
retransmitting local broadcast channels without permission or
compensation while you served on its board of directors. On behalf of
the broadcast industry, four broadcast networks successfully sued
Locast and either have already or will receive monetary damages for
their stolen content.
1. If you are confirmed and a proceeding that involves these four
companies comes in front of the Commission, wouldn't a
reasonable person believe that you may have a conflict of
interest, given this history?
2. Wouldn't the same hold true for the additional broadcasters
injured by Locast's conduct, who could still bring a similar
suit?
In addition to monetary damages, I understand the settlement
included certain restrictions on Locast representatives, including
members of the board of directors, of which you were a member.
1. Please detail the restrictions placed on you by the settlement
between Locast and the broadcasters.
Answer. Locast was a nonprofit service that provided local
broadcast signals to people who couldn't receive them, including many
in rural areas of the country. It relied on a copyright exemption (17
U.S.C. Sec. 111(a)(5)) for nonprofits. I believed that was a good thing
both for viewers and for local broadcast stations, but the networks
disagreed. They sued and the service was shut down.
While the District Court Judge found that the statutory copyright
exemption didn't apply, he never ruled on final liability, nor did he
determine that any broadcaster was injured. This was a case of first
impression. My understanding is that Locast suspended operations days
after the judge's ruling and is in the process of selling its assets.
There was a settlement agreement entered into by the parties and a
final order by the judge, all of which the non-profit complied with in
full. The settlement requires Sports Fan Coalition NY, Inc. (SCFNY)
directors, including me, not to engage in a similar exercise to test
the scope of the not-for-profit exemption.
On October 26, 2021, I signed an ethics agreement with the FCC's
Designated Agency Ethics Officer. In this agreement, I committed that I
would not participate ``personally and substantially . . . in any
particular matter'' involving SFCNY ``unless I am first authorized to
participate, pursuant to 5 C.F.R. Sec. 2635.502(d).''
If confirmed, I will approach each proceeding involving
broadcasters as I would any proceeding--with an open mind. As required
by the Administrative Procedure Act, if confirmed, my decisions will be
dictated by the totality of the record in a proceeding and the law,
along with input from staff, my fellow commissioners, and the Members
of this Committee.
Question 2. I'm interested in your thoughts on rules for
terrestrial spectrum licensees that operate in the 12 GHz band. If
confirmed, will you commit to evaluating the 12 GHz NPRM record fairly,
strenuously reviewing comments and studies from all stakeholders?
Answer. Yes.
Question 3. What are specific examples of consumer harms that have
occurred since the 2017 rollback of the Obama-era net neutrality
regulations?
Answer. As Chairwoman Rosenworcel said at her November 17
confirmation hearing, the 2017 net neutrality repeal was broader than
the bright line rules--it removed FCC oversight over broadband
entirely. Among other things, that left California firefighters without
recourse when a broadband company throttled its service during the
Mendocino complex fire, which at the time was the biggest in state
history, and left consumers without recourse when Frontier charged
monthly fees to consumers who bought their own modems. It also resulted
in some small wireless providers having to slow or halt fiber
deployment because pole owners either charged higher rates or refused
to negotiate a rate.
In addition, researchers at Northeastern University and the
University of Massachusetts at Amherst reviewed crowdsourced data from
the Wehe app and found that for mobile Internet service providers in
the United States, ``we don't see evidence of Internet service
providers throttling only when the network is busy; as far as we can
tell, it's 24/7, and everywhere.'' David Chofness, the lead researcher,
noted that this throttling created a ``slippery slope,'' because
``[t]oday it's video, but what is it going to be tomorrow? When
Internet service providers decide to take control and make decisions on
behalf of consumers and/or content providers, what's going to be the
fallout for those decisions? Is it actually in everyone's best
interests?''
It's also important to note that there is ongoing litigation over
the 2017 repeal, as well as a growing number of states that have passed
their own net neutrality laws and regulations. California, Colorado,
Maine, Oregon, Vermont and Washington State have passed net neutrality
laws and Hawaii, Montana, New Jersey, New York, and Rhode Island have
put in place net neutrality contracting requirements. As a result,
broadband providers have been cautious about their business practices.
Question 4. Last week, I asked Chairwoman Rosenworcel about supply
chain challenges facing broadband providers, in light of the increased
level of Federal spending to close the digital divide. She said that
she started a proceeding at the FCC to collect information about how
semiconductor shortages are impacting the telecommunications sector.
What do you think the FCC should be doing to analyze the issues that
exist within the broadband deployment supply chain, including outside
of the semiconductor issues?
Answer. Thanks to the work of Congress over the past year, there
are ample financial resources available to help close the digital
divide in both rural and urban areas. The FCC inquiry into the impact
semiconductor shortages are having on the telecommunications sector is
a good first step. The Commission should further build a record to
identify other potential bottlenecks that could slow or stall the
unprecedented broadband deployment efforts that will occur over the
next five to ten years thanks to the RDOF, the IIJA, and other actions
by Congress.
As the record develops and the FCC continues to identify issues
that exist within the broadband supply chain, we owe it to ourselves,
our colleagues at the Department of Commerce, and to the American
public to do everything we and our Federal government partners can to
address these supply chain issues and implement efforts to resolve them
before they have the opportunity to cause delay. Moreover, we must all
work together to ensure these shortages do not recur and impede future
American technological leadership. If confirmed, I would work closely
with my colleagues at the FCC and our Federal partners to consider all
appropriate options so that our efforts to close the digital divide are
not hamstrung by workforce or manufacturing shortages.
______
Response to Written Questions Submitted by Hon. Dan Sullivan to
Gigi B. Sohn
Question 1. I'm concerned about what seems to be your clear bias
toward addressing broadband deployment problems in urban areas over
rural areas. Just last year, in your testimony before the House Energy
and Commerce Committee, you said that ``policymakers have focused
disproportionately on broadband deployment in rural areas of the United
States, Americans who live in cities also face enormous challenges to
broadband connectivity''. While I am sure urban areas have challenges
relating to broadband, would you agree that extreme-rural, frontier
communities with no broadband infrastructure at all--like many in
Alaska--perhaps deserve disproportionate focus from policymakers?
Answer. As I noted at the hearing, over the past two decades I've
worked towards the goal of ensuring that every household in the US--
both rural and urban--has robust and affordable broadband Internet
access. I also recognize that there are communities and states--like
Alaska--where deployment is more challenging. I support the broadband
provisions in the infrastructure bill because--not only did Congress
require that the funding goes to unserved areas first--it also requires
that the states receive and distribute the funds. States and localities
know best where broadband is needed and will be essential partners for
the Commission and NTIA. Additionally, there are other aspects to the
digital divide that we also must consider--including affordability and
digital literacy.
Question 2. As a result of the court's decision against Locast, a
company which you serve on the board of and which was shut down earlier
this year, Locast is required to pay the broadcast companies which
brought the lawsuit $32 million. Are you personally liable for any part
of that fine? Who is required to pay those damages to the broadcast
companies and have those payments already occurred? Will this be taken
into account in your recusal considerations?
Answer. I am not personally liable for any part of the monetary
settlement. My understanding is that any settlement funds will be paid
from amounts collected to fund operations of Sports Fan Coalition NY,
Inc. (SFCNY), the nonprofit entity that ran the Locast service, after
the organization pays its vendors. On October 26, 2021, I signed an
ethics agreement with the FCC's Designated Agency Ethics Officer. In
this agreement, I committed that I would not participate ``personally
and substantially . . . in any particular matter'' involving SFCNY
``unless I am first authorized to participate, pursuant to 5 C.F.R.
Sec. 2635.502(d).''
Question 3. The FCC has taken significant steps in recent years to
identify and make available spectrum for commercial use, including for
5G deployment that is critical to ensure U.S. leadership over China. I
understand that the FCC is currently examining the potential of 5G in
the 12 Ghz band through extensive engineering reviews. Do you see this
as an opportunity to advance U.S. 5G leadership? Will you commit to
complete your review in a timely manner if you find that coexistence is
possible between satellite and terrestrial users in the band?
Answer. As you note, in January 2021, the FCC adopted an NPRM
seeking comment on whether to allow terrestrial flexible use (including
mobile services) in the 12 GHz band. I believe that the FCC should
encourage the efficient use of limited spectrum resources when
coexistence between users is feasible. If confirmed, I look forward to
working with FCC staff and you to learn more about the potential for
coexistence between satellite and terrestrial users in this band.
Question 4. We have heard from rural healthcare participants, rural
service providers, and others about USAC's lack of transparency in
administering the Rural Healthcare Fund and its delays in processing
funding requests in a timely way. Why has the FCC allowed these
problems to persist and will you commit to adopting reforms to address
these problems?
Answer. I agree that the Rural Healthcare Fund serves a critical
role for rural communities--especially in Alaska. If confirmed, I look
forward to learning more about these issues and working with your
office.
Question 5. The Communications Act requires that rural health care
providers be able to receive access to necessary telecommunications and
broadband services at urban rates, and that service providers be
compensated for the difference between the rural and urban rates. Many
of us are concerned that without appropriately determining rural and
urban rates, and in the absence of adequate compensation to service
providers, there will be a loss of telehealth services in the most
remote and highest-cost areas of the Nation. Do you share this concern
and what steps should the FCC take to address this concern?
Answer. Congress' mandate for universal service in Section 254 is
clear: ``There should be specific, predictable and sufficient Federal
and State mechanisms to preserve and advance universal service.'' I
also recognize how critical robust telehealth services are to Alaskans.
I share your concern and I know that rural and remote areas such as
Alaska have unique challenges that need to be taken into account. I
want to learn more about this issue and how it affects funding levels
in some areas of the country--including Alaska. If confirmed, I commit
to working with you and my colleagues on the Commission on these
issues.
______
Response to Written Questions Submitted by Hon. Marsha Blackburn to
Gigi B. Sohn
Question 1. Earlier this year, the FCC issued a Notice of Proposed
Rulemaking to consider rules to allow companies to use the 12 GHz band
for 5G deployment. To continue leading the world in innovation,
especially given China's commitment to winning the race to 5G, I
believe we need to look for more spectrum to keep the U.S. competitive.
Do you have views on the viability of the 12 GHz band for 5G
connectivity and, if confirmed, will you commit to moving quickly
towards final action in that proceeding?
Answer. As you note, in January 2021, the FCC adopted an NPRM
seeking comment on whether to allow terrestrial flexible use (including
mobile services) in the 12 GHz band. I believe that the FCC should
encourage the efficient use of limited spectrum resources when
coexistence between users is feasible. If confirmed, I look forward to
working with FCC staff to learn more about the potential for
coexistence between satellite and terrestrial users in this band.
Question 2. As I'm sure you already know, the FAA issued a safety
alert on 5G interference to aircraft. While there is no sufficient
evidence that 5G deployment causes aircraft safety concerns, the FAA
went ahead and stated ``action might be required to address potential
interference with sensitive aircraft electronics.'' What are your
thoughts on this ongoing situation?
Answer. It is critical that spectrum coordination between Federal
agencies is improved to ensure enough spectrum is in the pipeline for
licensed and unlicensed uses. Updating the FCC-NTIA MOU on Spectrum
Coordination that establishes clearly defined and agreed upon processes
for making decisions would be very helpful. Another thing that's needed
is a national spectrum strategy--NTIA and the FCC should work together
with industry and the Federal agencies with spectrum interests to
identify what bands should be targets for commercial use and try to
resolve technical problems before major decisions are made.
______
Response to Written Question Submitted by Hon. Todd Young to
Gigi B. Sohn
Question. Ms. Sohn, last year, the FCC opened the 6 GHz Band to Wi-
Fi and other unlicensed uses. In that order, the FCC pledged to ensure
that licensed incumbent operations in the band are protected from
harmful interference. Do you commit to protecting incumbents in this
band from harmful interference?
Answer. Yes.
______
Response to Written Questions Submitted by Hon. Mike Lee to
Gigi B. Sohn
Question 1. During the hearing, you said ``I know of no proposal''
at the Commission to impose a minimum or basic tier broadband plan like
those required by the infrastructure bill. While there may not be a
pending action at the Commission to consider imposing a basic tier or
minimum broadband plan, should the requirement of such plans be
proposed by a fellow Commissioner would you support it?
Answer. As I said at the hearing, I am not aware of any such
proposal and it is difficult to comment on a hypothetical scenario. If
confirmed, I will make any and all policy decisions based upon the law
and the record of the proceeding, along with input from staff, my
fellow Commissioners, and Members of this Committee.
Question 2. During the hearing I asked about why you oppose the
Federal government's ownership/operation of a broadband network, but
support state or local government ownership/operation of broadband
networks. You said you needed time to think about it and would answer
in the QFRs. What's the distinction that you draw? And why do you
support one and not the other?
Answer. I support municipal broadband networks because they foster
competition and choice, two core values that have guided my career. The
nationalized 5G network proposed in the last administration would not
have catalyzed competition or choice.
The real-world evidence in favor of municipal broadband is
compelling. Municipal networks have connected unserved rural
communities, driven down incumbent prices, and created jobs. For
example, a recent study found that Chattanooga's municipal network
generated $2.69 billion in economic activity and created 9,516 jobs
over the past decade.\3\ I have not seen compelling evidence
demonstrating similar benefits from a nationalized 5G network.
---------------------------------------------------------------------------
\3\ See Bento J. Lobo, Ph.D., CFA, Ten Years of Fiber Optic and
Smart Grid Infrastructure in Hamilton County, Tennessee (August 31,
2020) (https://assets.epb.com/media/Lobo%20%20
Ten%20Years%20of%20Fiber%20Infrastructure%20in%20Hamilton%20County%20TN_
Published
.pdf).
---------------------------------------------------------------------------
Moreover, my advocacy for municipal broadband is rooted in the
belief that local governments should have the option to invest in their
own broadband infrastructure if they so choose. A nationalized 5G
network would not empower local governments in this manner.
Question 3. It's no secret that you support ``Net Neutrality''
requirements. And it's no secret that I oppose them.
1. If the FCC were to reimpose a Title II classification of
broadband, should the Commission go further and expand beyond
the requirements imposed by the 2015 rule?
2. How would you go about determining whether the FCC should
``forbear'' a rule from taking effect? And how would you
approach this in the net neutrality context?
3. You've previously noted that Congress should pass ``Net
Neutrality'' legislation because of the ``ping-pong'' between
Administrations. Should the FCC wait for Congress to work on
legislation to settle this issue rather than moving forward
with a controversial rule?
Answer. Should the Chairwoman move forward with a proceeding to
adopt net neutrality rules and reclassify broadband Internet access
providers as a Title II telecommunications service, the Commission
would have to start a new proceeding that will look at changes in,
among other things, technology, how consumers use the Internet, and
business practices. If confirmed, I would look at the totality of the
record and the law and come to a conclusion with input from staff, my
fellow commissioners and members of this Committee about the proper
scope of net neutrality rules and forbearance from Title II
obligations.
As I testified at the December 1 hearing, I support Congress
passing legislation that settles the matter of FCC authority to oversee
the broadband market and net neutrality once and for all. However, as
became clear during the COVID-19 pandemic, broadband is an essential
service, and it cannot continue without oversight. Therefore, while I
would urge swift Congressional action, consumers cannot be left
unprotected while Congress deliberates.
Question 4. In June 2018, after the FCC repealed the 2015 Net
Neutrality rule, you provided an interesting quote: ``The end of the
2015 net neutrality rules and the legal authority on which they are
based will allow companies like Comcast, AT&T and Verizon to take
control of consumers' Internet experience and favor or disfavor
websites, programming services and applications at will. Equally as
important, should consumers or innovators have a complaint about
fraudulent, discriminatory, privacy violating or predatory pricing
practices of broadband ISPs, the [FCC] won't answer their call. For the
first time since the creation of broadband, the agency will not take
responsibility for protecting consumers or competition''. It's been
more than 3 years since you made this statement. Do you have any
evidence that your prediction of this ISP behavior actually came true?
Please be specific.
Answer. As Chairwoman Rosenworcel said at her November 17
confirmation hearing, the 2017 net neutrality repeal was broader than
the bright line rules--it removed FCC oversight over broadband
entirely. Among other things, that left California firefighters without
recourse when a broadband company throttled its service during the
Mendocino complex fire, which at the time was the biggest in state
history, and left consumers without recourse when Frontier charged
monthly fees to consumers who bought their own modems. It also resulted
in some small wireless providers having to slow or halt fiber
deployment because pole owners either charged higher rates or refused
to negotiate a rate.
In addition, researchers at Northeastern University and the
University of Massachusetts at Amherst reviewed crowdsourced data from
the Wehe app and found that for mobile Internet service providers in
the United States, ``we don't see evidence of Internet service
providers throttling only when the network is busy; as far as we can
tell, it's 24/7, and everywhere.'' Professor David Choffnes, the lead
researcher, noted that this throttling created a ``slippery slope,''
because ``[t]oday it's video, but what is it going to be tomorrow? When
Internet service providers decide to take control and make decisions on
behalf of consumers and/or content providers, what's going to be the
fallout for those decisions? Is it actually in everyone's best
interests?''
It's also important to note that there is ongoing litigation over
the 2017 repeal, as well as a growing number of states that have passed
their own net neutrality laws and regulations. California, Colorado,
Maine, Oregon, Vermont and Washington State have passed net neutrality
laws and Hawaii, Montana, New Jersey, New York, and Rhode Island have
put in place net neutrality contracting requirements. As a result,
broadband providers have been cautious about their business practices.
Question 5. During the hearing you cited the Verizon-Santa Clara
fire dispute as a reason to reimpose a Title II classification of
broadband since, in your view, the situation wouldn't have happened if
the 2015 net neutrality rules were in place.
1. Many have argued that this was a dispute over a data plan. The
2015 net neutrality rules allowed for data plans with speed
restrictions so long as the company was transparent about the
plan. In your view, if the 2015 net neutrality rules had been
in place during this issue, would Verizon have violated the
throttling rules?
2. You've previously cited the ``general conduct rule'' in the 2015
net neutrality rules as a means of enforcement in this
situation. If a company was in compliance with the throttling
rules expressly cited in the 2015 rule, can, in your view, the
FCC invoke the ``general conduct rule'' and use their
discretion to go beyond those express rules and enforce
discretionary violations?
3. In your view, are there any limits to the FCC's discretion under
the ``general conduct rule?'' If so, what are they?
Answer. The repeal of the 2015 Open Internet Order, including the
FCC's relinquishment of its oversight over broadband impacted the Santa
Clara County Fire Department because the Fire Department had no
recourse when its broadband was throttled. Indeed, it was a seven-month
dispute over a data plan that impacted the Fire Department's ability to
communicate with other public safety entities and the public. But the
Fire Department had no government entity that it could turn to for a
resolution of the dispute. Indeed, neither the FCC nor the FTC publicly
offered its help to resolve the matter after it became national news.
The FCC's lack of oversight of broadband was more the cause for this
situation than the lack of bright line net neutrality rules.
While I did surmise that the general conduct standard might have
been a tool to resolve this matter, I have been critical of the general
conduct standard in the past. In an October 2020 paper, I stated that
the general conduct standard was ``too vague and complicated'' and
urged that it be replaced with a simple ``unreasonable discrimination''
standard similar to that adopted by the FCC in 2011.
Question 6. The FCC and Congress have long debated expanding the
pool of who has to pay into the Universal Service Fund (USF). Big Tech
Companies are one area of industry that has been discussed.
1. I know you've previously discussed making big tech companies pay
into the USF, but is it your view that we should expand the
pool of USF contributors based upon the amount of data that
they use on a network? Should autonomous vehicle companies,
precision agriculture companies, telehealth services or other
emerging technology companies be required to pay into the USF?
2. And how, in your view, do you draw the limits on who should pay
into the USF?
Answer. I agree that the USF contribution mechanism needs reform.
But as I stated at the hearing, an important first step is for the
Commission to complete the report to Congress required by Section 60104
of the IIJA to evaluate how the funds in the infrastructure bill impact
the USF. From there, we can then start the debate on how to move
forward--whether it is in the Congress or at the Commission--to
determine the appropriate solution, but all options should be on the
table.
Question 7. You have previously urged the FCC to look into whether
Sinclair, a conservative broadcast group, is ``qualified to be a
broadcast licensee at all.'' You are also cited as calling Fox News,
``state-sponsored propaganda, with few if any opposing viewpoints.''
1. If confirmed, how can we trust that you would use the FCC's
authority to actually act in an independent, unbiased manner?
2. And, in your view, what specific authority, if any, does the FCC
have to address these particular issues that you identified?
Answer. I opposed the Sinclair-Tribune merger not because of
Sinclair's conservative views, but because it would have, in my words,
``put far too much power over local news and information in the hands
of one company.''
It was the FCC under Chair Ajit Pai that effectively blocked the
merger because it found that ``there was a substantial and material
fact as to whether Sinclair affirmatively misrepresented or omitted
material facts with the intent to consummate this transaction without
fully complying with the media ownership rules.'' I supported that
decision, and said that, ``[i]f true, this allegation raises a
legitimate question as to whether Sinclair is fit to be a licensee at
all, and not just a licensee of Tribune's stations.'' This is
consistent with the Administrative Law Judge, appointed by then-
Chairman Pai, who said that Sinclair's misrepresentations ``may be so
fundamental to a licensee's operation that it is relevant to its
qualifications to hold any station license.''
My opinions on the Sinclair merger and Fox News were taken as part
of my job as a public interest advocate. As such, those opinions will
have no bearing on my actions or decisions as a policymaker if I am
confirmed. I understand my role will be much different if I am
confirmed, and I will approach each proceeding involving Sinclair or
Fox News as I would any proceeding--with an open mind. As required by
the Administrative Procedure Act, if confirmed, my decisions will be
based on the totality of the record in a proceeding and the law, along
with input from staff, my fellow commissioners, and the Members of this
Committee. I also understand that the FCC's jurisdiction does not
extend to Fox News and its programming.
I agree that it is extremely important for policymakers to avoid
any actual or apparent conflict of interest. On October 26, 2021, I
signed an ethics agreement with the FCC's Designated Agency Ethics
Officer. In this agreement, I committed that I would not participate
``personally and substantially . . .in any particular matter''
involving SFCNY ``unless I am first authorized to participate, pursuant
to 5 C.F.R. Sec. 2635.502(d).''
Question 8. What are your views on government control/ownership of
spectrum? Does the Federal government control too much spectrum?
1. What do you think about the current state of spectrum decision-
making, particularly the Federal agencies use of a ``heckler's
veto'' to stymie the decisions of the Commission? How would you
approach a Federal agency ``heckler's veto?''
2. I have a bill called the Government Spectrum Valuation Act, which
would require the NTIA (in consultation with the FCC and OMB)
to conduct a market valuation of government spectrum
allocations. The goal is to assess the ``opportunity cost''
associated with Federal spectrum. Would you support such an
effort?
Answer. It is critical that spectrum coordination between Federal
agencies be improved to ensure enough spectrum is in the pipeline for
licensed and unlicensed uses. Updating the FCC-NTIA MOU on Spectrum
Coordination that establishes clearly defined and agreed upon processes
for making decisions would be very helpful. Another thing that's needed
is a national spectrum strategy--NTIA and the FCC should work together
with industry and the Federal agencies with spectrum interests to
identify what bands should be targets for commercial use and try to
resolve technical problems before major decisions are made.
Question 9. Regarding spectrum coordination, the FCC and the NTIA
have operated under an MOU that is the main mechanism for coordination
of spectrum management decisions.
1. Is the existing MOU's framework sufficient for today's spectrum
coordination between the FCC and NTIA?
2. Do you think the MOU needs to be updated? If so, how?
Answer. I believe that the MOU should be updated. In many of my
meetings with Senators and staff during the confirmation process, I
have talked about the need for better spectrum coordination between
agencies and for a national spectrum strategy that identifies what
bands should be targets for commercial use and try to resolve technical
problems before major decisions are made. I have also recommended the
creation of an interagency spectrum engineering task force where
engineers from different agencies could work out technical issues and
provide that information to the policymakers before final decisions are
made.
Question 10. In your view is the Interdepartment Radio Advisory
Committee (IRAC) operating efficiently? In your view, is there room for
improvement in the IRAC process? If so, how?
Answer. The IRAC should serve as a critical tool to ensure sound
government-wide spectrum management decisions are reached efficiently
as NTIA develops spectrum allocation and management policies for
Federal government spectrum use. It is vital that the IRAC work
quickly, collaboratively, and focus on sound radio engineering. Over
the years, there have been a number of examples where the IRAC process
seems to have fallen short of these goals.
I understand that there is bipartisan consensus in Congress and at
the FCC that updating the Memorandum of Understanding (MOU) that guides
the spectrum coordination processes between the FCC and NTIA could help
improve the government's spectrum decision-making. If confirmed, I
would welcome an opportunity to work with your office on efforts to
revise the MOU and to improve the workings of the IRAC.
Question 11. Do you have any concerns about Chinese influence at
the International Telecommunication Union (ITU)?
1. Does China's influence at the ITU have implications for setting
global standards for telecommunications?
2. As a Commissioner of the FCC, what priorities do you have to
prevent Chinese control of the ITU?
Answer. I understand there are concerns about China manipulating
the ITU process. I agree with Chairwoman Rosenworcel that the
Commission should prioritize its participation in standards making
organizations to ensure that they operate as intended. If confirmed, I
look forward to learning more about these issues and working with your
office on ways to address these concerns.
Question 12. Our current video marketplace is governed by Title VI
of the Communications Act and it dates mostly back to laws passed in
1992. But technology has changed since 1992 and now the wire used to
bring video also brings broadband to American households.
1. Should Title VI be modernized to reflect current technologies?
2. Is there a relationship between effective broadband deployment to
urban and rural areas with Title VI reform?
Answer. I agree that Title VI of the Communications Act should be
reviewed and modernized to better reflect the current video
marketplace. However, it is unclear how such reform could impact
broadband deployment. If confirmed, I would be interested in learning
more and working with you on the issue.
Question 13. Conducting cost-benefit analyses for proposed
regulations has been a practice undertaken by agencies under both
Democrat and Republican Administrations.
1. Please explain your views on the use of cost-benefit analysis
when considering proposed regulations. Should all FCC
regulations be considered with a cost-benefit analysis?
2. If regulatory costs outweigh the benefits, should that be a
determining factor that prevents the FCC from moving forward
with a proposed regulation?
Answer. Across Democratic and Republican administrations, the FCC
has conducted cost-benefit analyses along with public interest analyses
as Congress has instructed the Commission to do under the
Communications Act. In addition, the Commission's public comment
process allows for stakeholders to engage on these issues and help
inform the Commission's understanding of the impact of its rules. The
Commission has rules that direct the Office of Economics and Analytics
to perform an analysis where the potential impact of a rulemaking would
have ``an annual effect on the economy of $100 million or more.'' If
confirmed, I intend to balance cost-benefit as well as the public
interest to ensure that the Commission fulfills its mission to ensure
that all Americans have access to communications services.
Question 14. Should agencies exercise only power that Congress
expressly gives?
1. Absent that ``express delegation'' should agencies exercise
restraint in rulemaking or is allegedly ambiguous language an
opportunity for rulemaking?
2. Regulations that are highly prescriptive can create a higher
regulatory compliance burden, which hits harder on smaller
companies with fewer resources. What is your opinion on the
relationship between rules and the ability for market
incumbents to use them to insulate themselves from competition?
Answer. While it is usually preferable that Congress be explicit in
its statutory direction, there likely will be instances where an agency
must rely on its expertise to interpret the intent of Congress.
Ultimately, any policy decision will need to be based on the agency's
statutory authority and subject to the appropriate notice and comment.
As I noted in my testimony, I believe that markets work best when
there is vigorous competition. Federal policies that promote
competition are always superior to heavy-handed behavioral or price
regulation, which is why I have always supported policies that lower
barriers to entry and minimize gatekeeper power.
Question 15. Section 706 of the Telecommunication Act of 1996
requires the FCC to do an annual notice of inquiry regarding the
reasonable and timely deployment of advanced telecommunications
capability to all Americans.
1. What does ``advanced telecommunications capability'' mean to you?
2. What does ``a reasonable and timely fashion'' mean to you?
3. If the FCC determines that there isn't ``advanced
telecommunications capability being deployed to all
Americans'', the Commission is authorized to take ``immediate
action to accelerate deployment of such capability.'' Are there
any limits to the authorities that the FCC can exercise under
this section? If so, what are they?
Answer. ``Advanced telecommunications capability'' takes into
account the latest applications and services and assesses whether a
telecommunications infrastructure is able to utilize them.
Several last mile access connections are adequate to handle the
latest generation of applications and services and should be considered
``advanced telecommunications capable.'' However, capacity constrained
legacy infrastructure, such as decades old copper DSL that does not
even meet the 2015 Federal definition of broadband, should not be
considered ``advanced telecommunications capable.''
The meaning of ``reasonable and timely fashion'' should reflect
Federal and state investment efforts to connect all people as well as
take into account ISP deployment decisions primarily in rural areas.
For example, the Infrastructure Investment and Jobs Act (IIJA)
establishes a timeline of 4 years (subject to extensions) for full
deployment of long-term infrastructure with its $42.45 billion
deployment fund. This deployment timeline reflects the average amount
of time a new network takes to fully deploy from a motivated provider.
However, the FCC's authority to exercise power in this section has
its limits. For example, the Sixth Circuit made clear that the FCC
cannot preempt state laws that restrict the expansion of municipal
fiber under its Section 706 authority. So even if an area is found to
be both lacking ``advanced telecommunications capable'' infrastructure
and will not receive it in a ``reasonable and timely fashion,'' the
court has found that other authorities such as state power can limit
the FCC's reach.
______
Response to Written Questions Submitted by Hon. Ron Johnson to
Gigi B. Sohn
Question 1. Reports indicate that you want to replace the Restoring
Internet Freedom Order with a regulation even stronger than the Open
Internet Order.
1. What specific regulations do you think need modification and how?
2. What effect do you think more regulation would have on broadband
investment and deployment, foster innovation, and ultimately
close the digital divide?
Answer. Should the Chairwoman move forward with a proceeding to
adopt net neutrality rules and reclassify broadband Internet access
providers as a Title II telecommunications service, the Commission
would have to start a new proceeding that will look at changes in,
among other things, technology, how consumers use the Internet, and
business practices. If confirmed, I would look at the totality of the
record and the law and come to a conclusion with input from staff, my
fellow commissioners and members of this Committee about the proper
scope of net neutrality rules and forbearance from Title II
obligations.
Research studies, SEC filings, earnings reports and the comments of
ISP executives themselves demonstrate that the 2015 Open Internet Order
had no effect on broadband investment. Investment decisions are based
on a wide variety of factors including technological advancement, the
economy and the level of competition in a market. Thus, I would expect
that whatever the FCC does in a net neutrality proceeding would have no
impact on investment.
Question 2. Do you believe the FCC has the authority to consider
the political views of a provider or the content broadcast by a
provider when making license and regulatory decisions? If no, do you
think it should have such authority? Please explain why or why not.
Answer. No. The FCC's authority is limited by the First Amendment
and Section 326 of the Communications Act.
Question 3. In 1987, the FCC revoked the Fairness Doctrine on the
grounds that it violated the First Amendment and restricted democratic
debate. Since then, the number of talk radio and broadcast TV programs
grew exponentially. However, some on the left advocate for its
resurgence. Do you believe the Fairness Doctrine should be restored in
part or in whole or be applied even more broadly? Please explain why or
why not.
Answer. I do not believe the Fairness Doctrine should be restored
or expanded. It makes no sense given the current media landscape.
Question 4. What do you believe is the best way to ensure the FCC's
independence from political influences?
Answer. In the Communications Act of 1934, Congress deemed the
Commission an independent agency and incorporated key structural
elements into the agency's design to ensure independence from political
influences. These structural elements include the size of the
Commission, the length of the Commissioner terms, the fact that terms
lapse on a staggered basis, and the requirement that Commissioners must
be confirmed by the Senate. Congress also established that no more than
a simple majority of the Commission's membership could come from one
party, effectively ensuring bipartisanship in the Commission's
membership. Thanks to this congressional design, the Commission is less
susceptible to outside political influence than it would be in the
absence of these safeguards.
I know that you have long been a champion of rooting out undue
political influence in independent agencies. If confirmed, I commit to
maintaining the independence of the agency.
______
Response to Written Questions Submitted by Hon. Shelley Moore Capito to
Gigi B. Sohn
Question 1. How do we speed up deployment in my state to hit 100
percent served?
Answer. We need a coordinated and cooperative approach among
federal, state, and local officials and interests to ensure that every
West Virginian has the ability to access a robust, scalable, broadband
network and the means to purchase that service, which is so critical to
meeting their daily needs. If confirmed, I am committed to working with
federal, state, and local partners to meet West Virginia's needs.
Question 2. What can the FCC do to make sure recipients of
Universal Service Fund (USF) support are qualified and are deserving of
the funding they receive?
Answer. I think the FCC must take four steps to ensure that
recipients of USF support are qualified and deserving of the funding
they receive. First, the FCC must conduct serious due diligence to
ensure that possible recipients have the technical, operational, and
financial expertise to build the promised networks. Second, the FCC
must conduct oversight to ensure that the promised networks are being
built. This includes not only requiring progress reports from the
recipients, but actually visiting the sites where networks are being
built. Third, the FCC must hold those who do not build promised
networks accountable. This accountability must include more than
fines--it must include requiring a defaulting entity to remit the USF
funds and prohibiting that entity from participating in the next round
of funding. Fourth, the FCC must coordinate with NTIA, USDA, and other
agencies that fund broadband to ensure that the programs are
complementary and consistent with the law, and that they direct funding
to appropriate areas without unnecessary duplication.
Question 3. Big tech makes a lot of money off advertising over
broadband networks. What are your thought on requiring them to help pay
for the deployment of high-speed broadband?
Answer. I agree that the USF contribution mechanism needs reform.
But as I stated at the hearing, an important first step is for the
Commission to complete the report to Congress required by Section 60104
of the IIJA to evaluate how the funds in the infrastructure bill
impacts the USF. From there, we can then start the debate on how to
move forward--whether it is in the Congress or at the Commission--to
determine the appropriate solution, but all options should be on the
table. Some of those options, including requiring Big Tech to pay into
the universal service fund, would necessitate Congressional action to
give the FCC the authority to require them to pay.
Question 4. What are your thoughts on the progress of updating the
FCC broadband maps? Once completed, how do we keep them up to date?
Answer. If confirmed, I intend to work side-by-side with Chairwoman
Rosenworcel and other Commissioners to ensure that the FCC's maps are
produced accurately and expeditiously. I am delighted that the FCC has
recently entered into a contract for the broadband serviceable location
fabric, which indicates where broadband can be deployed. The next
challenge is to obtain the data from broadband providers which
indicates where broadband is currently deployed. I would like to assist
in obtaining this critical information from the providers in an
expeditious manner should I be confirmed.
Question 5. Unlicensed and shared spectrum is crucial to advancing
innovation and entrepreneurship. What's next from your perspective in
supporting innovation in unlicensed and shared bands?
Answer. The United States has remained the world leader in
unlicensed and shared spectrum innovation and must continue to do so
going forward. In the short term, there are several rulemakings already
in progress at the Commission that could expand available unlicensed
and shared spectrum for WiFi 6 and WiFi 6e and could enhance the
ability of rural wireless ISPs and Native American Tribes to provide
broadband in their communities.
Longer term, I fully support Chairwoman Rosenworcel's repeated
calls for the FCC and Congress to develop a ``pipeline'' for unlicensed
and shared spectrum that will meet the ever-increasing demand for
expanded WiFi, rural broadband, and IoT spectrum. If confirmed, I look
forward to working on these issues, recognizing that it is also
important to protect existing licensed users from interference, and to
ensure adequate exclusive licensed spectrum for 5G and future 6G
expansions.
Question 6. Many communities in my state, have had to forego other
Federal funding opportunities that would allow for more rapid broadband
deployment to unserved areas because certain census blocks were
included in an RDOF bid. What are potential Federal remediation efforts
for rural areas in my state that were included in an RDOF census block
but are also eligible for other types of Federal support?
Answer. The decision by the FCC under the former Chairman to
restrict access to other funding streams for participants in the RDOF
program has perplexed me. The goal is to get people connected to this
essential service and to do so quickly. If confirmed, I look forward to
working with my colleagues on this and related issues.
Question 7. In late June, the FCC, NTIA, and USDA all entered into
an interagency agreement to coordinate broadband funding deployment. In
your experience--can you speak to the effectiveness of these
interagency agreements? Do you have thoughts on how to beef up
coordination between agencies to ensure the efficient use of taxpayer
money to deploy broadband in West Virginia?
Answer. In my experience, interagency coordination can not only
help the agencies involved achieve their purpose, but it can help the
people and entities seeking to promote broadband access and inclusion
efforts ensure that they are aware and availing themselves of the
opportunities that Congress has established.
Of course, key to the success of this coordination effort,
particularly as it relates to West Virginia, is for the FCC to complete
the broadband maps as quickly as possible so the funding included in
the Infrastructure Investment and Jobs Act can begin to get broadband
to these communities. Inaccurate maps have meant that West Virginia
residents have gone unserved with this essential service. Your
leadership on mapping over the years has resulted in a real opportunity
to get the map right. Those maps will help ensure that the funding
currently allocated to the NTIA and USDA are well targeted.
Once there is a sound map available, I think regular meetings
between not only the heads of the agencies, but also at the staff level
will help identify potential challenges early in the process, so they
can be addressed before they become problems. If confirmed, I would be
pleased to assist the Chairwoman in any way she deems best to help
promote meaningful coordination based on regular meetings with others
at these important agencies.
Question 8. What are your thoughts regarding tech neutrality in
terms of Federal dollars being spent? Is there a particular form of
broadband delivery that should take priority?
Answer. The objectives of the Infrastructure Investment and Jobs
Act (IIJA) lay out that Congress wants broadband infrastructure that
can ``easily scale,'' ``meet the evolving connectivity needs of
households and businesses,'' and ``support the deployment of 5G,
successor wireless technologies, and other advanced services.'' I agree
with these objectives.
In order to make these assessments, it is critical for the Federal
government to rely on objective technical analysis by engineers to
ensure the best use of Federal funds to maximize long term value to
communities. Many Members of Congress, led by Senators Thune and
Klobuchar, have weighed in with the FCC to improve its assessments of
projects that seek Federal dollars and to scrutinize the technical
capabilities of applicants before Federal dollars are given out. I
completely agree.
Question 9. What role do you see low earth orbit satellite
constellations playing in the short term and long term as far as
providing sufficient service in a mountainous and heavily forested
state like West Virginia?
Answer. The purpose of lowering the orbit of these satellites was
to improve the latency of satellite broadband delivery. However, the
drawback of this approach is that it requires the base station to
``see'' the satellite at a lower point on the horizon. This means that
mountainous and heavily forested areas--like those in West Virginia--
are more difficult for base stations to operate as opposed to more open
and flatter rural areas. However, I remain confident that the Federal
investment in infrastructure under the Infrastructure Investment and
Jobs Act makes traditional on the ground infrastructure feasible even
in the most difficult to serve areas.
Question 10. The Internet ecosystem continues to grow, with more
broadband providers who are also recipients of government broadband
funding. This trend is likely to accelerate considerably as NTIA and
the states begin the award infrastructure funds for broadband network
deployment. However, the recipients of government funding can be
subject to vastly different regulations depending on their
characterization or their historical designation as an incumbent LEC--
e.g., pole rates, labor requirements, tax laws, service requirements,
legacy telephone obligations, and legacy cable obligations. These
varying regulations have real impacts on their deployment, operating
costs, and competitiveness. Should the government create more parity
amongst the recipients of government funds in the interest of
facilitating network modernization, broadband deployment and creating a
more competitive market?
Answer. I believe that the FCC should do what it can under the law
to create parity and ensure that robust, scalable broadband networks
are deployed and available to every consumer and business across the
Nation. However, there may be limitations to what the FCC can achieve
without Congress addressing some of the disparate requirements. For
example, Section 224 of the Communications Act grants access to poles
in certain situations but does not apply uniformly to all poles across
the Nation. Moreover, the provision that grants access to certain poles
is currently limited to only telecommunications carriers and cable
providers. The FCC currently is limited in its pole attachment
jurisdiction to ensure broadband deployment across the nation, and if
confirmed, I would very much look forward to working with you and your
office to further engage on this issue.
______
Response to Written Questions Submitted by Hon. Rick Scott to
Gigi B. Sohn
Question 1. You played a role in creating the 2015 Net Neutrality
Rule during your time as a staff member at the FCC, which was rescinded
under former FCC Chairman Pai because it caused broadband investment to
decline and stifled innovation.
1. You claim this rule recension has made consumers worse off--how
so?
2. If confirmed, would you work to reinstate that rule?
3. If so, would you craft it any differently than the 2015 rule?
Answer. As Chairwoman Rosenworcel said at her November 17
confirmation hearing, the 2017 net neutrality repeal was broader than
the bright line rules--it removed FCC oversight over broadband
entirely. The COVID-19 pandemic demonstrated that broadband is an
essential service and consumers are worse off when there is no
government oversight over an essential service.
Among other things, the FCC's relinquishment of its oversight left
California firefighters without recourse when a broadband company
throttled its service during the Mendocino complex fire, which at the
time was the biggest in state history, and left consumers without
recourse when Frontier charged monthly fees to consumers who bought
their own modems. It also resulted in some small wireless providers
having to slow or halt fiber deployment because pole owners either
charged higher rates or refused to negotiate a rate.
In addition, researchers at Northeastern University and the
University of Massachusetts at Amherst reviewed crowdsourced data from
the Wehe app and found that for mobile Internet service providers in
the United States, ``we don't see evidence of Internet service
providers throttling only when the network is busy; as far as we can
tell, it's 24/7, and everywhere.'' Professor David Choffnes, the lead
researcher, noted that this throttling created a ``slippery slope,''
because ``[t]oday it's video, but what is it going to be tomorrow? When
Internet service providers decide to take control and make decisions on
behalf of consumers and/or content providers, what's going to be the
fallout for those decisions? Is it actually in everyone's best
interests?''
It's also important to note that there is ongoing litigation over
the 2017 repeal, as well as a growing number of states that have passed
their own net neutrality laws and regulations. California, Colorado,
Maine, Oregon, Vermont and Washington State have passed net neutrality
laws and Hawaii, Montana, New Jersey, New York, and Rhode Island have
put in place net neutrality contracting requirements. As a result,
broadband providers have been cautious about their business practices.
My support for reinstating FCC oversight of broadband and net
neutrality rules is well-known. Should the Chairwoman move forward with
a proceeding to adopt net neutrality rules and reclassify broadband
Internet access providers as a Title II telecommunications service, the
Commission would have to start a new proceeding that will look at
changes in, among other things, technology, how consumers use the
Internet, and business practices. If confirmed, I would look at the
totality of the record and the law and come to a conclusion with input
from staff, my fellow commissioners and members of this Committee about
the proper scope of net neutrality rules and forbearance from Title II
obligations.
Question 2. Your former employer, Locast, is currently under a
court injunction that restrains Locast from broadcasting after a court
concluded it was violating the law by streaming TV station signals
without negotiating payment from those broadcasters.
1. Can you describe your role at the company and any involvement in
this issue?
2. If confirmed, do you believe you can credibly regulate an
industry from which the company you were involved with is
banned?
Answer. Locast was a nonprofit service that provided local
broadcast signals to people who couldn't receive them, including many
in rural areas of the country. It relied on a copyright exemption (17
USC Sec.111(a)(5)) for nonprofits and in a case of first impression, a
District Court judge ruled that Locast was not entitled to that
exemption. While the District Court Judge found that the statutory
copyright exemption didn't apply, he never ruled on final liability. I
was not employed by Locast or its parent nonprofit organization, Sports
Fan Coalition NY, Inc. (SFCNY). I served without compensation on the
Board of SFCNY.
In my role as an SFCNY Board member, I participated in quarterly
Board meetings. In those meetings I reviewed financial statements and
plans to expand the service. I was also involved in the decision to
shut the service down after the District Court ruling that Locast did
not qualify for the copyright exemption.
If I am confirmed, I will approach each proceeding involving
broadcasters as I would any proceeding--with an open mind. As required
by the Administrative Procedure Act, if confirmed, my decisions will be
dictated by the totality of the record in a proceeding and the law,
along with input from staff, my fellow commissioners, and the Members
of this Committee. I will note, however, that the FCC's jurisdiction
does not extend to Fox News and its programming.
I agree that it is extremely important for policymakers to avoid
any actual or apparent conflict of interest. On October 26, 2021, I
signed an ethics agreement with the FCC's Designated Agency Ethics
Officer. In this agreement, I committed that I would not participate
``personally and substantially . . .in any particular matter''
involving SFCNY ``unless I am first authorized to participate, pursuant
to 5 C.F.R. Sec. 2635.502(d).''
Question 3. Some of your previous tweets have been described as
``hyper partisan,'' including one tweet where you stated that Fox News
is ``state sponsored propaganda'' and insinuated that a conservative
leaning media outlet, Sinclair, did not deserve its broadcast licenses.
1. Do you still stand by these statements?
2. If confirmed, how would you define ``misinformation''?
3. If confirmed, as the FCC has authority over broadcast licenses,
among other regulations that impact content, how are Americans
supposed to trust in your ability not to favor enhanced
censorship of certain opinions or speech with which you may
personally disagree?
4. In a March 25, 2020 tweet you stated, ``how sad that their
ideology has overtaken their duty 2 serve their constituents''
describing Senate Republicans. Could not the same statement be
used against you given that you are now nominated to serve on a
commission that represents American taxpayers?
5. How can American citizens trust that you will put aside your
ideologies, and serve objectively and in the best interests of
Americans?
Answer. As I told Senator Cruz at the December 1 hearing, I believe
that I have been unfairly characterized as wanting to censor
conservative voices. Indeed, my record indicates otherwise. I spent
years helping conservative cable networks like Newsmax, Wealth TV (the
predecessor to OANN), and the Blaze get access to cable subscribers
when cable systems wouldn't carry them. That's why the CEO of Newsmax
and the President of OANN, along with other conservatives, support my
confirmation.
I opposed the Sinclair-Tribune merger not because of Sinclair's
conservative views, but because it would have ``put far too much power
over local news and information in the hands of one company.''
It was the FCC under Chair Ajit Pai-that effectively blocked the
merger because it found that ``there was a substantial and material
fact as to whether Sinclair affirmatively misrepresented or omitted
material facts with the intent to consummate this transaction without
fully complying with the media ownership rules.'' I supported that
decision, and said that ``[i]f true, this allegation raises a
legitimate question as to whether Sinclair is fit to be a licensee at
all, and not just a licensee of Tribune's stations. This is consistent
with the Administrative Law Judge, appointed by then-Chairman Pai, who
said that Sinclair's misrepresentations ``may be so fundamental to a
licensee's operation that it is relevant to its qualifications to hold
any station license.''
I also think it is unfair to characterize my tweets as
``hyperpartisan.'' While unsurprisingly I am generally more inclined to
agree with Democrats on policy, I have on many occasions publicly
praised or expressed agreement with Republicans. In just over the past
year, I have praised or publicly agreed with, among others, Senators
Wicker, Moran, Sasse, Romney, Portman, Cornyn, Kennedy, Murkowski and
Hawley and Representatives Issa and Scalise.
I understand there have been some concerns raised regarding my
tweets. I have always worked to address policy matters and not engage
in personal attacks. For example, the March 25, 2020 tweet was about
opposition to allowing E-Rate funding for home connections during the
beginning of the COVID-19 pandemic.
I worked in government previously and understand that my role will
be much different if I am confirmed. My decisions will be dictated by
the totality of the record in a proceeding and the law, along with
input from staff, my fellow commissioners, and members of this
Committee. Having been in government I know its core values--
responsiveness, transparency, integrity--and that's what you'll get
from me if I am confirmed.
Question 4. Do you believe the government should regulate Internet
rates?
Answer. No.
Question 5. As Congress gives out billions of new funding to build
out broadband through the USDA, NTIA, and the FCC, if confirmed, how do
you plan on ensuring that the dollars the Federal government spends on
broadband buildout is not riddled with fraud, waste, and abuse?
Answer. I think the FCC must take four steps to ensure that funds
for broadband deployment are spent efficiently and effectively. First,
the FCC must conduct serious due diligence to ensure that possible
recipients have the technical, operational and financial expertise to
build the promised networks. Second, the FCC must conduct oversight to
ensure that the promised networks are being built. This includes not
only requiring progress reports from the recipients, but actually
visiting the sites where networks are being built to ensure that they
are indeed being built as promised. Third, the FCC must hold those who
do not build promised networks accountable. This accountability must
include more than fines--it must include requiring a defaulting entity
to remit the USF funds and prohibiting that entity from participating
in the next round of funding. Fourth, the FCC must coordinate with
NTIA, USDA, and other agencies that fund broadband to ensure that the
programs are complementary and consistent with the law, and that they
direct funding to appropriate areas without unnecessary duplication.
Question 6. A number of private companies are investing in
satellite broadband solutions. Do you believe private investment in
satellite Internet could eventually reduce or replace the need for
government-funded broadband buildout?
Answer. It is unclear that satellite broadband will replace the
need for public investments in broadband infrastructure. In fact, the
FCC under the Rural Development Opportunity Fund invested $886 million
into Starlink, indicating that even satellite broadband will require
public investments. There are also challenges with satellite broadband
that do not make it a replacement for traditional fiber-based
deployment. That said, satellite broadband is a useful tool in reaching
the absolute hardest and most difficult areas to connect and will serve
key policy goals of ubiquitous wireless connectivity.
______
Response to Written Questions Submitted by Hon. Cynthia Lummis to
Gigi B, Sohn
Question 1. As you know, the country that wins the 5G race will
determine the standards and security of 5G infrastructure throughout
the globe and will lead in new technologies and services. We are in
jeopardy of losing the 5G race and need mid-band spectrum to launch
ahead of our competition. It is critical the Commission study this band
closely and get the policy right. Will you commit to move quickly to
establish new 12 GHz rules if you find coexistence is possible between
terrestrial and satellite users in the band?
Answer. As I stated at the hearing, 5G is going to be a
transformative technology. I agree that the Commission should study the
12 GHz band issues before moving forward. If confirmed, I look forward
to reviewing the record of the proceeding.
Question 2. Recently Acting Chairwoman Rosenworcel confirmed to
this committee that she is opposed to rate regulation of service
providers. Do you agree with her stance on this issue?
Answer. Yes.
______
Response to Written Question Submitted by Hon. Amy Klobuchar to
Jed Kolko
Census Bureau. If confirmed as Under Secretary of Commerce for
Economic Affairs, you would also be responsible for helping to oversee
the Census Bureau. Data gathered by the Census Bureau through the U.S.
Census plays a vital role in allocating funding for health care,
housing, education, and infrastructure.
Question. If confirmed, what steps will you take to ensure the data
and estimates released by the Census Bureau are accurate, reliable, and
accessible?
Answer. Accurate, reliable, and accessible Census Bureau data are
essential for allocating funding across many areas, for developing and
administering a wide range of policies, and for research in many
fields. At the same time, the Department and the Census Bureau are
legally and ethically obligated to protect the privacy and
confidentiality of the people and businesses that respond to its
surveys and data collections.
If confirmed, I will take several steps to ensure accuracy,
reliability, accessibility, and confidentiality. First, I will rely on
the expertise of Census career staff. Second, I will work with
stakeholders to understand how they use Census data and what challenges
they face in accessing data. Third, I will work with staff to explore
ways of making data usable for the whole range of stakeholders, whether
they want just the highlights of a press release or want to download
detailed data. Fourth, I will support and amplify research by Census
staff and outside users that demonstrates best practice in using Census
data. Finally, I will support the Census Bureau in ensuring that all of
this work is done with the privacy and confidentiality of people and
businesses in mind.
______
Response to Written Questions Submitted by Hon. Raphael Warnock to
Jed Kolko
Labor Markets and Localized Data. Earlier this month, Georgia's
Department of Labor reported that the state's unemployment rate is now
at 3.1 percent. This is the lowest rate in the state's recorded
history. We've had historic job growth nationwide, with an employment
recovery that is still going strong. But small businesses in Georgia
continue to tell me they're having difficulty hiring, while the labor
force overall is still not what it was prior to the pandemic. Moreover,
we may need more localized data because the labor market may look very
different in Valdosta or Rome, Georgia than it does in Atlanta or
Savannah, Georgia.
Question 1. Based on your years studying labor markets, what are
the remaining sticking points regarding labor market recovery?
Answer. The labor market has made great strides since the worst of
the pandemic, but the recovery is far from complete. In many service
sectors like arts & entertainment and travel & tourism, labor demand
still lags. At the same time, labor demand is strong in sectors that
produce and transport goods because consumer spending shifted from
services to goods during the pandemic.
On the labor supply side, many factors are holding back people from
working, including concerns about getting COVID-19 at work and
financial cushions that were built by some people during the pandemic.
Together, these labor supply and labor demand issues have created the
unusual situation where employment is far below pre-pandemic levels yet
the number of unemployed people per job opening is very low.
Question 2. What areas of economic analysis do you think should be
given more emphasis as we continue to recover from COVID-19?
Answer. Several areas of economic analysis are particularly
important as we recover from COVID-19.
First, consumer spending shifted from services to goods during the
pandemic, as people cut back on in-person activities that put them at
risk for the virus. This reduced service-sector employment while
contributing to supply-chain challenges in producing and transporting
goods.
A shift in spending back from goods to services would be an
important indicator that pandemic stresses on the economy will ease.
Second, inflation and wage growth are high, reflecting strong
demand and limited supply for many goods and services, as well as
challenges many firms face in finding workers. Wage gains have been
especially strong in some traditionally low-wage sectors, but inflation
is raising costs for consumers and businesses. Understanding the impact
and likely path of wage growth and inflation is particularly important
right now.
Third, the effects of the pandemic were and remain uneven. Some
people and places were hurt much more than others. Economic analysis
that focuses on especially hard-hit groups--like mothers of younger
children, and lower-wage service workers in places where leisure &
hospitality spending fell most--will reveal whether the recovery is
broad-based and widely shared.
Question 3. Will you commit to providing as much analysis as
possible at the state and regional level, so that I can ensure that
economic policies are effective in helping Georgia businesses and jobs
grow?
Answer. Yes. If confirmed, I will commit to providing as much as
analysis as possible at the state and regional levels. Current economic
conditions and underlying economic fundamentals vary widely, both
across states and across regions within states. It's critical to
supplement national analyses with state and regional analysis whenever
possible.
______
Response to Written Questions Submitted by Hon. Marsha Blackburn to
Jed Kolko
Question 1. The importance of data cannot be understated.
Businesses cannot function if they do not have the numbers to aid and
guide their decision-making. In your testimony, you specifically
highlight that one of your goals will be to ``support and enhance our
statistical infrastructure.'' How do you plan to leverage your
background to encourage the use of new technology, such as artificial
intelligence and machine learning, to promote better statistical
modeling and improve accuracy?
Answer. Federal statistics are essential for businesses making
decisions about hiring, production, and strategy. My own background
includes developing proprietary indicators and using them alongside
public data to analyze the economy.
If confirmed, one way I will leverage this experience is to support
approaches to incorporating private-sector data and administrative
sources into public statistics. Federal statistics already incorporate
some private-sector data, which are a valuable complement though not a
substitute for established public data products.
If confirmed, another way I will leverage my experience is to work
with outside stakeholders and experts--including from the private
sector--to get input and feedback about methodology and usability of
Federal statistics.
Question 2. The COVID-19 pandemic created an economic upheaval that
changed the trajectory of millions of people and businesses. It caused
many business owners to rethink their businesses and caused many
business owners to reconsider whether their current career path was the
correct one for them. This upheaval led to many taking a leap of faith
to start new businesses. In your testimony, you highlight the
importance of supporting commercial activity as we emerge from the
pandemic. You also highlight the difficulties that many are
experiencing as the economy recovers. As we continue to emerge from the
pandemic, how do we encourage small and medium business growth and
support entrepreneurs taking a leap of faith to follow this path?
Answer. During the pandemic, new businesses formed at a fast pace,
according to the Census Bureau's Business Formation Statistics. To
encourage and support new businesses and entrepreneurs, quality
economic data are crucial. Providing timely and clear data on labor
markets, prices, and the existing business landscape can help new
businesses and entrepreneurs make strategic decisions. Small and medium
sized businesses and entrepreneurs often serve local markets, so local
economic data are especially important for them. If confirmed, I will
work closely with the Department's Economic Development Administration
(EDA), other Department bureaus, the Small Business Administration
(SBA), and other agencies to make sure they have data they need to
support small and medium sized businesses and entrepreneurs.
Question 3. Economic development is vital to our country's future.
However, as our country continues to grow, many rural areas are
experiencing a drain of youth who are leaving to move to highly
populated areas where they are more likely to find good-paying jobs.
When I speak with local mayors and stakeholders, this issue is one of
their top priorities to solve. What, in your opinion, is the biggest
barrier to rural economic development? How do you plan to leverage your
position to highlight this issue and promote economic development in
rural America?
Answer. Regional inequalities have widened in America, especially
between urban and rural areas. Although the pandemic temporarily
changed patterns of industry growth, the longer-term trend is that job
growth has been slower in important sectors that are more concentrated
in rural areas and smaller cities, like agriculture and manufacturing,
than in sectors that tend to cluster in larger metropolitan areas.
If confirmed, I hope to spotlight local data and regional
differences, and to highlight the diversity across rural America and
the range of challenges and opportunities that rural areas have. While
there are strategies, like broadband investment, that would benefit
rural America widely, rural areas are not all the same. Many rural
areas have assets, like tourist attractions, a college or university,
good transportation access, or a military base, that can be leveraged
as part of a tailored economic development strategy. Data and analyses
that focus on rural areas can show how rural areas differ
systematically from urban areas, but also how much variation and
opportunity there is among rural areas themselves.
______
Response to Written Questions Submitted by Hon. Rick Scott to
Jed Kolko
Question 1. The statistical data provided by the Bureau of Economic
Analysis is extremely valuable for policy makers and the American
public. How do you plan on keeping the gathering and disbursement of
this data free from political influences or agendas?
Answer. If confirmed, one of my highest priorities will be
supporting the integrity and independence of America's statistical
agencies, and to uphold stakeholders' trust in these data. Especially
during the pandemic, Bureau of Economic Analysis (BEA) data have been
essential for understanding shifts in economic activity. I will rely on
the expertise of career staff at the Bureau for key decisions and look
to outside experts and stakeholders for candid input and feedback. As a
lifelong user of Federal data and a creator of proprietary data, I know
how valuable data integrity is and how it must be continuously
protected and cultivated.
______
Response to Written Question Submitted by Hon. Amy Klobuchar to
Alan B. Davidson
Next Generation 9-1-1. The Senate reconciliation bill includes $500
million for modernizing the Nation's 9-1-1 systems and related
upgrades.
Question. If confirmed, what are your key priorities related to
modernizing the 9-1-1 system?
Answer. Far too many 911 centers still use legacy technology that
risks creating a major gap in our Nation's emergency communications
ecosystem. If confirmed, my key priorities for implementing Next
Generation 911 (NG911) in Emergency Communications Centers or 911
centers across the Nation will include: ensuring interoperability so
that 911 centers can seamlessly share data and transfer calls with each
other; supporting technology with robust cybersecurity; providing
resiliency for 911 centers; and allowing the public to send multimedia
and data to 911 so that public safety can more effectively respond to
calls for service.
Unfortunately, my understanding is that the limited funding level
in the proposed Next Generation 911 grant program in the current text
of the Build Back Better Act is unable to modernize all 911 centers
across the United States--but would be an important starting point
including crucial NG911 requirements and definitions.
______
Response to Written Questions Submitted by Hon. Kyrsten Sinema to
Alan B. Davidson
Tribal Broadband. The Consolidated Appropriations Act, 2021 (CAA)
and Infrastructure Investment and Jobs Act (IIJA) dedicated a combined
$3 billion to the Tribal Broadband Connectivity Program. The National
Telecommunications and Information Administration (NTIA) has the
responsibility of establishing a grant program to distribute this
funding to tribal governments.
Question. If confirmed, how will you ensure tribal governments in
Arizona that meet the program's requirements receive funding from the
Tribal Broadband Connectivity Program in a fair and efficient manner to
connect their communities?
Answer. Secretary Raimondo, speaking at the National Congress of
American Indians' 78th Annual Convention, committed to working with
tribal governments to get them the broadband connections needed to
participate in the 21st-century economy. I strongly support this goal.
While I have much to learn about NTIA's specific plans in this area, I
believe that strong communications and consultation are essential to
ensuring that tribal governments receive the full benefits of programs
such as the Tribal Broadband Connectivity Program in a fair and
efficient way. If confirmed, I would seek to bolster communications
resources designed to engage with tribal communities. I would work to
ensure that NTIA is offering needed technical assistance to those
communities. And I would look forward to engaging directly with tribal
communities to better understand their unique connectivity needs now
and in the future. I would welcome the opportunity to learn from and
work with your office to continue growing NTIA's efforts in this space.
Question. The Federal Communications Commission (FCC) has an Office
of Native Affairs and Policy, which represents the FCC in government-
to-government consultation with sovereign Tribal nations, works with
other FCC offices and bureaus to develop and implement policies for
assisting Native communities, and ensures that Native concerns and
voices are considered in all relevant Commission proceedings and
initiatives. Does NTIA have a similar office, and if not, do you
believe dedicated resources for tribal consultation would be
beneficial?
Answer. I am not aware of a specific office at NTIA dedicated to
sovereign tribal nations. I believe it is essential to support tribal
consultation regarding broadband programs, and dedicated resources can
be a beneficial way to do so. I have been told that NTIA has a strong
team, with Native American staff, working on the Tribal Broadband
Connectivity Program. If confirmed, I would seek to build on efforts
such as this and ensure we are offering dedicated resources as needed
to engage well with tribal communities.
Broadband Coordination. With the signing of the IIJA, NTIA will
begin administering the Broadband Equity, Access, and Deployment
Program to provide state and territorial governments grants to develop
their broadband infrastructure. The IIJA dedicates over $42 billion to
this program. The CAA also required the NTIA, FCC, and Department of
Agriculture to develop an interagency agreement regarding the
coordination of disbursing funds for broadband deployment, which went
into effect in June 2021.
Question. Considering the significant investments in the IIJA for
broadband deployment, how will you work to ensure NTIA coordinates with
state governments and other Federal agencies to enable more Americans
to receive reliable and consistent Internet access?
Answer. Meeting the goal of connecting everyone in America with
high-speed, affordable, and reliable Internet will require a ``whole of
government'' approach that includes close coordination among federal,
state, and community actors. The IIJA gives state governments an
enormous role in implementing the BEAD state grant program. I believe
that one of the most important things NTIA can do to further the IIJA's
goals is to support states in that process. If confirmed, I would make
coordination and communication with states a top priority. I would seek
to build on NTIA's well-regarded convenings of state broadband leaders,
and ensure that NTIA staff continue to hold regular meetings with state
officials to anticipate and address questions. To ensure that states
and other stakeholders are equipped to take full advantage of the new
funding opportunities, I would seek to have additional dedicated staff
to respond to each state's questions and offer technical assistance.
Accomplishing the goals of the IIJA will require a surge of resources
into state technical assistance efforts, and new communications
channels and engagement efforts will be needed. NTIA has a good start
and, if confirmed, I look forward to building even stronger
relationships with states.
I also believe that careful coordination with other Federal
agencies working on broadband support will be essential if we are to
connect all Americans and act as wise stewards of Federal resources.
The IIJA directs NTIA to consult or coordinate with the FCC and other
Federal agencies on a range of issues. I was also encouraged to see
that NTIA, FCC, and USDA signed an MOU in June that documents their
commitment to coordinate resources and leverage data from each to
appropriately identify areas of need. If confirmed, I will work to
implement the MOU rapidly and to engage collaboratively with these
agencies to ensure that broadband efforts reflect best practices and
deep coordination across the Federal government.
Interference with GPS Systems. In April 2020, the FCC approved an
application by Ligado Networks to deploy a low-power 9.8 decibel watts
terrestrial nationwide network across three bands of electromagnetic
spectrum. Several agencies, including the Department of Defense (DOD),
Department of Homeland Security, Department of Justice, and the Federal
Aviation Administration, have raised concerns that Ligado's network
could interfere with global positioning system (GPS) instruments.
Following the order, NTIA petitioned the FCC to reconsider its order
based on irreparable harms to Federal government users of GPS.
Question. What are your thoughts on this issue?
Answer. I am aware this is an important spectrum management issue.
My understanding is that the Biden Administration has continued to
support the NTIA petition for reconsideration currently pending with
the FCC. If confirmed, I look forward to engaging more closely on this
issue, including being briefed by expert staff as well as stakeholders
in government and the private sector who share an interest in resolving
this controversy after so many years.
______
Response to Written Questions Submitted by Hon. Raphael Warnock to
Alan B. Davidson
Connected Device Program. Closing the digital divide will take more
than just building networks or subsidizing broadband services. As many
of us have learned over the past two years, to connect to broadband and
take advantage of expanded opportunities, families also need laptops
and tablets to get online for work, school, and more. However, about
two in five low-income families don't have a laptop or tablet at home.
Earlier this year, I introduced the Device Access for Every American
Act to provide laptops and tablets to low-income families, so that
parents and kids can get connected. This connected device program is
currently included in the Build Back Better Act and would be
administered at NTIA.
Question 1. Do you agree that making investments in closing the
digital divide and homework gap for low-income Georgians is critical?
Answer. Yes, absolutely. I agree that closing the digital divide
and homework gap is critical for low-income Georgians and low-income
people across the country. The pandemic has confirmed what we have
known for some time: Connectivity is a key to our children's success.
Perhaps the most important policy lesson that is incorporated into both
the IIJA and the Build Back Better Act is that an all-of-the-above
approach is essential to closing the digital divide: We must address
devices, affordability, and deployment within an overall commitment to
digital equity.
Question 2. If this program is signed into law, would you commit to
expeditiously setting up this program at NTIA?
Answer. Yes. Too many Americans lack access to devices they need to
utilize the Internet. If this program becomes law, I would work to
expeditiously proceed with it at NTIA to address the needs of low-
income Georgians-and all low-income Americans.
Coordination with state and local partners. With the expansion of
the NTIA's role in broadband deployment, including the administration
of the bipartisan Infrastructure Investment and Jobs Act's Broadband
Equity, Access, and Deployment Program, it is essential that NTIA
engages in active communication with state and local partners.
Question. Under your leadership, how would NTIA communicate with
individual states moving forward?
Answer. Meeting the goal of connecting everyone in America with
high-speed, affordable, and reliable Internet will require a ``whole of
government'' approach that includes close coordination among federal,
state, and community actors. The IIJA gives state governments an
enormous role in implementing the BEAD state grant program. I believe
that one of the most important things NTIA can do to further the goals
of IIJA is to support states in that process. If confirmed, I would
make communication with states a top priority. Fortunately, NTIA has a
strong track record of engaging with states on broadband policy. In
recent years, the State Broadband Leaders Network (SBLN) run by NTIA
staff has become a well-regarded convening body for state broadband
leaders. If confirmed, I would seek to build on this foundation and
ensure that NTIA staff continue to hold regular meetings with state
broadband officials to anticipate and address questions. To ensure that
states and other stakeholders are equipped to take full advantage of
the new funding opportunities, I would seek to have dedicated staff to
respond to state questions and offer technical assistance.
Accomplishing the goals of the IIJA will require a surge of resources
into state technical assistance efforts, and new communications
channels and engagement efforts will be needed. NTIA has a strong
starting point and, if confirmed, I look forward to building stronger
relationships with states.
Question. What resources would you devote to reaching out to and
informing broadband leaders in specific states and regions on a routine
basis?
Answer. Under the framework established by Congress in the IIJA,
Federal coordination with states is the key to this program's success.
If confirmed, I would continue to grow the relationships established
through the existing network of state broadband leaders established by
NTIA. I would ensure that broadband officials nationwide are fully
apprised of the status of our programs, and anything else they need to
know in order to take full advantage of the unprecedented opportunity
presented by the IIJA. I would ensure that NTIA is offering targeted
technical assistance to states and other stakeholders, and would assign
personnel to specific states and regions so state officials will have a
consistent point of contact and resource at NTIA.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
Alan B. Davidson
Question 1. Do you believe that the Infrastructure Investment and
Jobs Act (IIJA) gives the Federal government or states the authority to
regulate or set the price of broadband plans? Will you commit that NTIA
will not engage in, support, or approve any plan where a state has
regulated or set the price for a broadband plan?
Answer. I do not believe that the IIJA statute allows NTIA to
engage in rate regulation. If confirmed, I intend to follow the law in
overseeing NTIA's implementation of the IIJA. I look forward to working
with the staff at NTIA to evaluate how the IIJA's various provisions
interact and to consider best practices for ensuring that Americans
have access to affordable and reliable broadband services.
Question 2. If confirmed, you will be tasked with implementing a
$42.5 billion Broadband Equity, Access, and Deployment (BEAD) program
to bring connectivity to all communities. Some have advocated that NTIA
and the states only provide funding for a single wireline technology.
Individual states have unique needs, geographies, existing broadband
networks, and service providers. Each state needs flexibility to find
the best solutions based on its unique challenges. Excluding wireless
broadband from competing for funding with gating criteria, such as
symmetrical speeds, will delay deployment and result in many areas
remaining unserved. When implementing the broadband deployment program,
do you believe NTIA should take a flexible, all-of-the-above approach
that allows all broadband technologies, including mobile and fixed
wireless, to compete for funding? Do you believe symmetrical speeds
should be prioritized in state broadband plans? What about speed to
deployment and resiliency?
Answer. One of the virtues of the BEAD program is that it
establishes a clear statutory framework that enables states to design
the state-level plans that will best address their on-the-ground
broadband situation, which varies widely across the country. States and
localities face unique challenges that require flexibility in
identifying technical solutions to meet local priorities. If confirmed,
I would support an ``all of the above'' approach that allows NTIA and
the states to consider any technology that will meet America's
broadband needs, consistent with the requirements set out in the IIJA.
I look forward to engaging with NTIA staff and stakeholders on the
specific requirements you raise, in order to understand the most
effective way to implement the program including balancing local
flexibilities on subgrantee program design within the overall
requirements of the statute.
Question 3. Congress recently enacted the bipartisan IIJA, which
will provide $65 billion to enable greater broadband deployment and
enhance broadband affordability. Primarily through the BEAD program,
NTIA has a critical role to play in implementing many of the key
broadband provisions in the bill.
1. Recently, it was discovered that the USDA included net neutrality
as a criterion to receive funding through their ReConnect
program. Do you have any plans to require states, and by
extension subgrantees, to adhere to net neutrality requirements
or commitments in order to obtain approval for a broadband plan
or receive funding under the BEAD?
Answer. As I said during my confirmation hearing and during my
conversations with your staff, my top priority is bridging the digital
divide and connecting all Americans. Because I am not at NTIA, I have
not had the benefit of the NTIA staff's thinking on how the BEAD
program should be structured, and what obligations, if any, should
apply to BEAD funding recipients. If confirmed, my main focus will be
getting affordable, high-speed, and reliable broadband service to all
Americans as quickly and carefully as possible.
2. Do you believe the NTIA Administrator has the authority to
redefine the definition of unserved or underserved communities?
Answer. The IIJA statutory framework provides clear definitions of
unserved and underserved, and I intend to faithfully adhere to that
framework.
3. The American Rescue Plan provided hundreds of billions of dollars
to states, local communities, and the Treasury department.
Broadband deployment is a permissible use of those funds. How
do you intend to work with states and local communities
throughout the country to ensure their own broadband plans
don't conflict or overlap with the IIJA funding?
Answer. Careful coordination with states and other Federal agencies
working on broadband support will be essential if we are to connect all
Americans and act as wise stewards of Federal resources. I hope that
IIJA funding can be additive to funds already administered through the
American Rescue Plan and other sources. If confirmed, I will direct
NTIA staff to establish processes to ensure good information exchange
and coordination with other Federal agencies, as well as with areas
receiving grant funds under ARP. And I will work to ensure that BEAD
funds complement, and are not duplicative of, funds provided via the
ARP or other Federal statutes and programs.
4. The BEAD program requires subgrantees to adhere to quality of
service standards, best practices for reliability and
resilience, and cybersecurity and supply chain risk management
practices. Will you commit to pursuing an open and transparent
process to engage with industry to effectively implement these
requirements?
Answer. Yes, I commit to pursuing an open and transparent process
to engage with industry to effectively implement those requirements.
5. The law prohibits NTIA from rate regulation in carrying out the
BEAD program. Will you commit to ensuring that any state action
plans or final or initial proposals will also not contain any
rate regulation of broadband?
Answer. As I noted in my response to Question 1, I agree that the
IIJA statute does not allow NTIA to engage in rate regulation in the
BEAD program.
6. To expedite implementation of the BEAD program, the law exempts
actions and decisions taken by the NTIA Administrator from the
Paperwork Reduction Act, the Administrative Procedures Act, and
the Regulatory Flexibility Act. Despite these exemptions, will
you commit to providing a fair and transparent process to
implement the BEAD program and ensuring that all stakeholder
views are considered during implementation?
Answer. Yes. As I noted in my testimony, I am committed to standing
up the IIJA programs in a way that gets money out the door both quickly
and carefully. A fair and transparent process is an essential tool if
we are to be a good and careful steward of that money. I believe in the
idea that ``sunlight is the best disinfectant'' and if confirmed I will
prioritize transparency and accountability from NTIA as well as our
state partners.
Question 4. Having a skilled workforce will be essential to meeting
buildout timelines under the law and connecting households across the
country. In reviewing applications for broadband grants, do you commit
to treating non-union and union workers equally and not preferencing
one over the other throughout this process? Yes or no?
Answer. I will review all applications fairly based on what is
permitted under law. I look forward to working with the staff at NTIA
to better understand NTIA's role and obligations in reviewing
applications for broadband grants.
Question 5. Since the implementation of the EU's General Data
Protection Regulation in 2018, almost four years ago, ICANN has tried
through the ``multi-stakeholder'' process to create an access model
that will restore WHOIS access to law enforcement, cyber security
companies, child protection groups, and other legitimate entities. Do
you believe that an open and accessible WHOIS is critical to the safety
of Internet users and to our national security?
Answer. The WHOIS service has clearly served as a critical tool for
a variety of parties, including law enforcement and other legitimate
enforcers. As the enactment of the GDPR indicates, there are unresolved
questions over how WHOIS data should be published, since it contains
personally identifiable information. The ICANN multistakeholder process
developed temporary rules to avoid liability for registrars, but this
cannot be the final resolution. I believe we must enable a WHOIS
service that provides appropriate, legal access to domain name
registration data to legitimate requestors, while also protecting the
privacy and safety of registrants--and this will increase the safety,
security, and stability of the global Internet.
Question 6. It is estimated by ICANN that implementing any WHOIS
solution would take an additional three years--until 2025. Should
Congress pass legislation to restore legitimate collection and access
to WHOIS data?
Answer. I believe that the most long-term effective way to address
this issue is through the global multistakeholder process. Consensus-
driven, multistakeholder policy development for the Internet's critical
resources is an essential feature of the global, interoperable Internet
that the United States has long defended. This allows for policies that
apply globally and uniformly, developed by stakeholders from around the
world, representing business, governments, intellectual property
owners, technical experts, academia and civil society. Developing
policy using this model maintains stability, security, and resilience
of the Internet. If confirmed, I will ensure that NTIA continues to
vigorously represent U.S. interests in this process.
Question 7. NTIA, along with the FirstNet Authority, has a 25-year,
$100 billion Indefinite-Delivery, Indefinite Quantity contract with
AT&T to ensure operation of more than 2.2 million devices connected to
the National Public Safety Broadband Network, which is used by public
safety officials across the United States and its territories every
day. Given the criticality of this network's operation, it is important
that Congress have full and current information about the network's
operations, something the Department of Commerce Office of Inspector
General is reviewing. If confirmed, do you commit to working with the
Commerce IG to ensure that NTIA, the FirstNet Authority, and the
contractor are providing the OIG with all the information and access it
requests so that it may report on the FirstNet program?
Answer. Yes. I commit to working with the Department of Commerce
Office of Inspector General (OIG) to ensure that NTIA, the FirstNet
Authority, and the contractor provide the OIG all the information and
appropriate access it requests so that it may report on the FirstNet
program.
Question 8. As the Administrator of NTIA, you would be responsible
for interpreting and implementing several key terms from the IIJA that
will determine what projects are eligible for broadband deployment
funding, including which projects are prioritized. My colleagues and I
have emphasized the importance of technological neutrality in the
broadband deployment program. Wireline, wireless, and satellite
projects (as well as hybrid combinations of such services) should all
be eligible for funding and for prioritization.
1. In the context of the definitions of unserved locations and
underserved locations, what do you think it means for latency
``to support real-time, interactive applications?''
Answer. I believe that it is important for NTIA to put in place a
process to engage stakeholders on important questions like these, and
to give stakeholders an opportunity to provide input on how these terms
should be defined and implemented. The ultimate goal is to use BEAD
funds as effectively and wisely as possible, and that includes ensuring
that the networks built using those funds are capable of enabling the
applications on which all Americans rely not only today but in the
future, from real-time videoconferencing to streaming video to web
browsing to e-mail.
2. If confirmed, how will you define latency in the context of
determining which broadband projects are prioritized?
Answer. As I said in the above response, I believe that NTIA should
engage in a process of stakeholder engagement to determine how these
terms should be defined and implemented. For example, if confirmed I
would direct NTIA to seek input from technical experts on the
performance characteristics, including latency, that will be required
to support important current and prospective use cases such as real-
time, interactive applications.
3. Will you commit to ensure that latency is defined in a manner
that preserves the technological neutrality of the IIJA's
broadband deployment program?
Answer. As noted above, while I have not had the benefit of the
NTIA staff's thinking on how the BEAD program should be structured, my
main focus with respect to the BEAD program would be getting
affordable, high-speed, and reliable broadband service to all Americans
as quickly and carefully as possible, in a way that best meets the
needs of each state. If confirmed, I commit to defining terms and
implementing the bill after consulting with stakeholders and in
accordance with the statutory framework.
4. Will you affirm that NTIA will provide guidance to states that
makes clear that the program will be technology neutral and all
solutions that meet program performance criteria will be
eligible for grants?
Answer. I affirm that I will provide guidance to states that ensure
consideration of all technologies that are capable of meeting
Americans' broadband needs. The IIJA gives state governments a
significant role in ensuring that each state's residents benefit from
affordable, robust, and ubiquitous broadband. It also provides a clear
statutory framework for minimum required performance levels and I
intend to faithfully follow that framework.
Question 9. In recent years, there have been several high profile
spectrum disputes involving Federal agencies and the FCC. How do you
plan to improve the interagency coordination process for developing the
Administration's position on spectrum issues? How can NTIA better
liaise between the agencies and the FCC to ensure that the
Administration's position is represented in the record?
Answer. I agree that interagency spectrum coordination has not
effectively addressed important areas of dispute in recent years. If
confirmed, I will make strengthening Federal spectrum coordination a
top priority. As the demand for spectrum continues to expand, NTIA and
the FCC must work together closely on spectrum management to support
the needs of all spectrum users--government and commercial, today and
in the future. To do so, NTIA should focus on an evidence-based
approach to understanding spectrum user needs, rooted in technically
rigorous interference analysis. If confirmed, I would work with the FCC
to review and update the FCC-NTIA Memorandum of Understanding (MOU),
seeking the best framework agreement possible to support our joint
efforts to ensure spectrum use benefits all Americans. I also would
look to resume the biannual joint spectrum planning meetings between
the Assistant Secretary and the FCC Chair that Congress wisely directed
as well as to support the work on a National Spectrum Strategy as
called for by Secretary Raimondo.
Question 10. Last year, the FCC issued a unanimous, bipartisan
order on Ligado Networks' application to deploy its spectrum for
terrestrial 5G services. If confirmed, will you commit to immediately
meeting with the FCC, Ligado Networks, and other Federal agencies, as
often as is required, to resolve outstanding issues related to the
FCC's order as soon as possible?
I am aware this is an important spectrum management issue. My
understanding is that the Biden Administration has continued to support
the NTIA petition for reconsideration on this matter currently pending
with the FCC. If confirmed, I look forward to engaging more closely on
this issue, including being briefed by expert staff as well as meeting
with stakeholders in government and the private sector who share an
interest in resolving this controversy after so many years.
______
Response to Written Questions Submitted by Hon. John Thune to
Alan B. Davidson
Question 1. NTIA is set to administer a $42.5 billion broadband
deployment program. With other Federal agencies currently administering
their own programs to support broadband deployment, will you commit to
work closely with the FCC and USDA to carefully administer NTIA's
program to make sure that resources are going to the places most in
need?
Answer. Yes, I commit to working closely with the FCC and USDA--and
any other Federal agencies administering broadband infrastructure
funding--to ensure that taxpayer dollars are used wisely. I was
encouraged to see that NTIA, USDA, and the FCC signed an MOU back in
June, consistent with the Broadband Interagency Coordination Act, that
documents their joint commitment to coordinate resources and leverage
data from each of the parties to appropriately identify those areas of
need. I understand that NTIA staff is communicating regularly with the
FCC and USDA on broadband funding, and I fully support continued
cooperation to ensure that Federal dollars are being used as
effectively as possible to meet the goal of connecting all Americans.
Question 2. Recently, it was discovered that USDA included net
neutrality as a criterion to receive funding through their ReConnect
program. Do you believe that subgrantees receiving the Broadband
Equity, Access, and Deployment (BEAD) program funding should have to
commit to ``net neutrality'' requirements?
Answer. Because I am not at NTIA, I have not had the benefit of the
NTIA staff's thinking on how the BEAD program should be structured, and
what obligations, if any, should apply to BEAD funding recipients. As
stated during my confirmation hearing, if confirmed my main focus with
respect to the BEAD program will be getting affordable, high-speed, and
reliable broadband service to all Americans as quickly and carefully as
possible.
Question 3. The law prohibits NTIA from utilizing rate regulation
to carry out the BEAD program. Will you commit to ensuring that any
state action plans, or final or initial proposals will also not contain
any rate regulation of broadband?
Answer. I agree that the IIJA statute does not allow NTIA to engage
in rate regulation in the BEAD program. In addition, history has shown
us that rate regulation is not the most effective policy for ensuring
affordable services. If confirmed, I look forward to working with the
staff at NTIA to evaluate how the IIJA's various provisions interact
and to consider best practices for ensuring that Americans have access
to affordable and reliable broadband services.
Question 4. Under the Obama-Biden administration, GAO concluded
NTIA faced a number of challenges from staffing to adequate data on
broadband availability resulting in a largely ineffective program at
the taxpayer's expense. What steps would you take to correct the
mistakes of the past and will you commit to me that NTIA will set up
the BEAD program in a way that this new money only goes to areas that
are completely unserved?
Answer. If confirmed, I will work to ensure that broadband
infrastructure funds are used effectively and in ways that reflect the
lessons learned from past and ongoing programs. As I stated in my
testimony, Congress structured the BEAD program very differently from
the prior BTOP program, with a much more significant role for states in
designing the programs that will award funds to subgrantees. That said,
I am committed to implementing the lessons learned from NTIA's programs
past and present. I would also expect to consider the best practices
developed in other recent Federal broadband programs as well as state
and local broadband programs. Finally, I understand that NTIA expects
to release a Request for Comment and conduct various events which
should result in broad input--including lessons learned--about how best
to implement these new programs.
Regarding funding for the unserved, the IIJA lays out a clear
framework for disbursing BEAD program funds, with priority given to
unserved areas first as defined in the statute. If confirmed, I intend
to faithfully follow the framework laid out in the statute.
Question 5. Congress established a clear division of responsibility
for spectrum management--the FCC is responsible for commercial spectrum
and NTIA is responsible for Federal government spectrum. There have
been a number of instances when the FCC and NTIA's role have come into
conflict. How can we ensure the FCC and NTIA work in partnership to
address spectrum management issues that impact both Federal and
commercial entities? Do you support freeing up additional spectrum held
by the Federal government to support the needs of next-generation
wireless services?
Answer. If confirmed, I will make strengthening Federal spectrum
coordination a top priority. As I indicated in my testimony, NTIA has a
critical statutory role in coordinating Federal spectrum usage, as well
as an imperative to support increased commercial demand for spectrum.
As the demand for spectrum continues to expand, NTIA and the FCC must
work together closely on spectrum management to support the needs of
all wireless users--today and in the future. To do so, NTIA should
focus on an evidence-based, technically rigorous approach to
understanding Federal needs and coordinating with the FCC. If
confirmed, I would work with the FCC to review and update the FCC-NTIA
Memorandum of Understanding (MOU), seeking the best framework agreement
possible to support our joint efforts to ensure spectrum use benefits
all Americans. I was encouraged to hear Chairwoman Rosenworcel indicate
her support for this update in her confirmation hearing. I also would
look to resume the biannual joint spectrum planning meetings between
the Assistant Secretary and the FCC Chair that Congress wisely
directed. Finally, I would note that Secretary Raimondo has indicated
her enthusiasm for an update to the National Spectrum Strategy. I would
welcome the opportunity to support that effort.
I do support making additional spectrum access available for next-
generation wireless services. Maintaining U.S. leadership in wireless
is critical to American competitiveness and job growth, and to the
innovative services consumers value and rely on. If confirmed, I will
work to ensure that vital public missions are maintained while keeping
the spectrum pipeline open for new commercial opportunities, to meet
the demand for spectrum now and in the future. I would also look
forward to working with NTIA's Federal agency partners to determine how
we identify and make available key mid-band spectrum in the 3100-3450
MHz range as Congress directed in the Infrastructure Investment and
Jobs Act.
______
Response to Written Questions Submitted by Hon. Roy Blunt to
Alan B. Davidson
Question 1. Mr. Davidson, as you know, I supported the
Infrastructure Investment and Jobs Act in no small part because of the
tremendous investment it will make to close broadband gaps in rural
America. This is an incredibly important issue in Missouri, where
approximately one third of rural residents still lack access to
broadband.
At the same time, it's crucial that this historic investment is
spent efficiently and not used to duplicate networks where high speed
service already exists or where providers are subject to legally
enforceable deployment obligations. For example, this funding is going
to co-exist with multiple broadband funding programs at multiple
Federal agencies--the FCC, U.S. Department of Agriculture, Treasury--as
well as state and local agencies, and we need to coordinate these
programs to avoid a situation where the Federal government is competing
against itself or undermining and discouraging the private sector's own
tremendous infrastructure investments. This is key because every dollar
that goes to subsidized overbuilding is a dollar diverted from unserved
Americans who lack any access to broadband whatsoever.
Accurate broadband maps are a helpful step in preventing subsidized
overbuilding, but further coordination is going to be needed, to avoid
subsidizing overbuilding in areas where providers are subject to
legally enforceable deployment obligations but haven't yet made service
available--either on account of government funding or otherwise.
1. Mr. Davidson, do you agree that it's important to ensure that
Federal funding is spent efficiently and not used to overbuild
high speed networks?
Answer. Yes. As good stewards of taxpayer funds, we must work to
ensure that Federal broadband monies are spent efficiently. With
respect to overbuilding, the IIJA offers a framework to address this
question. If confirmed, I am committed to following the directives laid
out in the IIJA to serve unserved areas first, and then underserved
areas. I will work to provide states with the tools and support they
need as they design the state-level plans that will best address the
on-the-ground broadband situation in each state, which varies widely
across the country.
2. How will you ensure that NTIA does not invest in broadband
projects that will compete with or undermine broadband projects
established by other agencies?
Answer. I believe we will need to deploy Federal funding wisely if
we are to meet the goal of connecting all Americans with high-speed
affordable broadband while being good stewards of Federal funding. If
confirmed, I will direct NTIA to coordinate closely and collaboratively
with federal, state and local partners to clearly communicate the
resources available to states for broadband projects, and to ensure
that IIJA funding is disbursed in a way that is complementary to other
Federal projects in achieving the overall policy goal.
3. Further, what steps will you take to avoid subsidized
overbuilding of privately-owned networks, which has been shown
to discourage broadband investment and exacerbate the digital
divide?
Answer. The IIJA offers a framework to address this question. If
confirmed, I am committed to following the directives laid out in the
IIJA to serve unserved areas first and then underserved areas. I will
work to provide states with the tools and support they need as they
design the state-level plans that will best address the on-the-ground
broadband situation in each state, which varies widely across the
country.
4. Mr. Davidson, do you also commit to administering NTIA's
broadband deployment programs under the bipartisan
infrastructure legislation in a technology neutral manner, in
order to maximize cost-effectiveness and promote innovation?
Answer. Yes.
Question 2. I firmly believe that expanding broadband access in
America is a two-fold issue: building out high-speed networks to
unserved areas of the country, and ensuring that all Americans can
afford to pay for their broadband service. One of the reasons I was,
therefore, proud to vote for the Infrastructure Investment and Jobs Act
is because it targeted both the availability and the affordability
aspect of the digital divide. In addition to the $42.45 billion in
Broadband Deployment Grants that you would be in charge of
administering at NTIA, the FCC will be administering a new long-term,
$14.2 billion Affordable Connectivity Program to ensure low-income
Americans can afford the connections they need to participate in modern
society.
Further, as part of NTIA's Broadband Deployment Grants program,
each subgrantee for the deployment of a broadband network would be
required to offer at least one low-cost broadband service option for
eligible subscribers. Some Republicans have voiced concern, however,
that this part of the legislation could open the door to broadband rate
regulation.
1. Mr. Davidson, what is the role you envision for NTIA with respect
to this section of the bipartisan infrastructure legislation?
Answer. I share your desire to ensure that low-income Americans can
afford broadband service. Affordability is one of the primary reasons
why Americans remain unconnected. The definition of ``affordable''
varies across the country, making states well-positioned to develop
their own approaches to meeting the statutory requirement. With respect
to this provision, if confirmed my priority for NTIA will be working
closely with states within the statutory framework laid out in the
IIJA.
2. Do you the Infrastructure Investment and Jobs Act gives NTIA the
authority to dictate the price of broadband service?
Answer. I do not believe that the IIJA statute allows NTIA to
engage in rate regulation in the BEAD program.
3. Do you believe that rate regulation is the correct approach to
addressing the broadband affordability gap, or do you agree
that low-income subsidies, in conjunction with private
providers' own low-cost offerings, are a better solution?
Answer. I appreciate that Congress has invested considerable
resources within the IIJA for establishing long-term subsidies for
broadband service, and many ISPs are already offering low-cost plans.
These voluntary offerings, along with subsidies, competition and
innovation in broadband markets, are the optimal driver of broadband
affordability. I also believe that state-by-state establishment of a
low-cost offering as required in state plans--which I do not view as
the same thing as across-the-board rate regulation--will be vital to
closing the affordability gap.
______
Response to Written Question Submitted by Hon. Deb Fischer to
Alan B. Davidson
Question. Spectrum sharing is an important aspect of spectrum
policy for the United States to meet its ever-increasing connectivity
demands. If confirmed, what are your plans to improve spectrum sharing
between Federal and commercial services?
Answer. I agree that spectrum sharing is an important aspect of
spectrum policy. With ever-growing demand for spectrum, and fewer easy
options to make more of it available for commercial use, it is
imperative that the U.S. take advantage of all available tools to
enable the greatest use of spectrum. Spectrum sharing is a broad
category that can include a diverse range of specific policy
approaches. If confirmed, I would work with expert staff to identify
where sharing is appropriate and necessary, and then focus on the
fundamental technical characteristics of each competing use case,
assess the real-world risks of harmful interference, and design
tailored rules that draw from the growing range of examples of spectrum
sharing.
______
Response to Written Questions Submitted by Hon. Jerry Moran to
Alan B. Davidson
Question 1. Mr. Davidson, NTIA, as you know, manages the Federal
government's spectrum and plays an important role ensuring that
America's domestic and international spectrum needs are met. The FAA
recently issued a Special Airworthiness Information Bulletin in regards
to the planned deployment of 5G equipment in the portion of spectrum
known as the C-Band. This bulletin caused mobile carriers to delay the
deployment of this equipment until the safety concerns can be
addressed. How can the review process for spectrum auctions and
reallocation be improved to prevent similar delays in the future?
Answer. I agree that the ongoing C-band situation is a prime
example of how inter-agency spectrum coordination has become less
effective in recent years, with real-world consequences for spectrum
users. As I indicated in my testimony, improving Federal spectrum
coordination will be one of my top priorities. As the demand for
spectrum continues to expand, NTIA and the FCC must work together
closely on spectrum management to support the needs of all spectrum
users--today and in the future. If confirmed, I would embrace an
evidence-based, technically rigorous approach to understanding Federal
needs and coordinating with the FCC. I would work with the FCC to
review and update the FCC-NTIA Memorandum of Understanding (MOU),
seeking the best framework agreement possible to support our joint
efforts to ensure spectrum use benefits all Americans. Additionally, I
note that Secretary Raimondo has indicated her enthusiasm for an update
to the National Spectrum Strategy, and I would welcome the opportunity
to support that effort.
Looking to the future, I believe that maintaining U.S. leadership
in wireless is critical to American competitiveness and job growth, and
to the innovative services consumers value and rely on. If confirmed, I
will work to ensure that vital public missions are maintained while
keeping the spectrum pipeline open for new commercial opportunities, to
meet the demand for spectrum now and in the future.
Question 2. Will you commit to working closely with states as they
are applying for broadband funding and ensure that their technical
assistance needs are met?
Answer. Yes. I believe it's essential that we work with states and
other eligible entities to provide them with in depth technical
assistance. If confirmed, a top priority will be getting states the
tools and support they need as they design the state-level plans that
will best address the on-the-ground broadband situation in each state.
Question 3. Last week, I asked Chairwoman Rosenworcel about supply
chain challenges facing broadband providers, in light of the increased
level of Federal spending to close the digital divide. She said that
she started a proceeding at the FCC to collect information about how
semiconductor shortages are impacting the telecommunications sector.
The success of the new broadband grants programs will depend in part on
supplies being available to deploy broadband. Is there anything the
NTIA or the Department of Commerce more broadly can do to help with
supply chain issues facing broadband providers?
Answer. The Department of Commerce has taken a leading role in
addressing supply chain challenges facing our nation, and in particular
semiconductor availability. I believe the Department and NTIA are well
positioned to engage with the telecommunications sector to identify
potential supply chain shortages and work with manufacturers to ensure
that there is sufficient supply of the material and equipment to
implement the broadband programs in the IIJA. If confirmed, I intend to
leverage the resources and expertise within the Department and to work
closely with industrial stakeholders to address this critical issue.
______
Response to Written Questions Submitted by Hon. Dan Sullivan to
Alan B. Davidson
Question 1. Is it your understanding that the funding to be made
available to the states under the Broadband Equity, Access, and
Deployment Program (BEAD) will be allowed to be used for middle mile
build outs as well as last mile?
Answer. I would need to work with the staff at NTIA, if confirmed,
to evaluate and understand how the BEAD program's various provisions
should be interpreted with regards to this question.
Question 2. As you confirmed in your hearing, NTIA's first priority
for BEAD broadband funds is to unserved areas. The program also
includes a set-aside for high-cost areas. As you begin ironing out the
allocation formulas, will you continue to prioritize these two areas in
line with Congressional intent?
Answer. Yes. The IIJA requires that we serve unserved locations
first. That will be my first priority. As you note, it also reserves
BEAD funding for locations in high-cost areas. To effectuate that
provision, NTIA will need to determine how to define those locations.
If confirmed, I intend to prioritize these areas and faithfully execute
the framework put in place by Congress.
Question 3. Earlier this year, NTIA solicited help from volunteer
grant reviewers for a number of broadband programs, including the
Tribal Broadband Connectivity Program (TBCP). If confirmed, how will
you work to ensure that these volunteers are properly overseen, and
that the programs move forward in a timely and efficient manner?
Answer. As we discussed in our meeting, I appreciate the importance
of addressing the unique connectivity issues facing tribal communities.
I do not know the details of how the review process for the Tribal
Broadband Grant Connectivity Program (TBCP) has been implemented. But
if confirmed, I will work to ensure that the TBCP is overseen properly
and administered in a timely, transparent, and efficient fashion. I
welcome input from you and your staff on these efforts and to ensure
that the TBCP accomplishes its objective of improving connectivity in
tribal communities.
Question 4. Alaska ranks absolutely last in terms of broadband
access in the United States. Being home to 229 federally recognized
tribal governments, some of which reside in Alaska's most remote
communities that can only be accessed by plane or ferry, the need for
Federal investments in broadband infrastructure has only been
exacerbated by the COVID-19 pandemic. I recently heard from some of our
communities that they have been paying roughly $1,000 per month just to
make sure their kids have Internet access necessary to attend school,
they can continue working, and elders can access healthcare. Despite
our demonstrated need, we continue to face hurdles in building out
broadband infrastructure, largely in part because of the vast and
unique geographical features of our state. Some of Alaska's Tribes have
broadband service areas covering tens of thousands of square miles. To
ensure they are able to bring high speed, reliable Internet to the
different village communities they serve, Federal funding must be
adjusted to account for the impact of a changing permafrost, distance
between village communities, and other factors unique to Alaska. In
reviewing applications for TBCP and other NTIA funds, how will the
Department account for these various factors? Or in other words, what
extent does NTIA factor in the size of a tribe's service delivery area,
the unique terrain and other geographical barriers that drive up
broadband infrastructure costs, the existing unmet needs, and other
unique factors facing tribes in my state? Additionally, we are aware
that the TBCP application provided some level of priority consideration
for regional applications. How does this priority consideration factor
into NTIA's decision to fund a project?
Answer. I appreciated the opportunity to learn more about Alaska's
significant connectivity challenges during our meeting. I also share
Secretary Raimondo's commitment to working with tribal communities in
particular to get them the broadband connections needed to participate
in the 21st-century economy. As I am not yet in the building, I have
much to learn about NTIA's specific plans for reviewing TBCP
applications and the ways that priority consideration factors into
funding decisions. However, I believe that strong communications and
consultation are essential to ensuring that tribal governments receive
the full benefits of the TBCP and other NTIA programs in a fair and
efficient way. As I indicated at my hearing, I am committed to visiting
your state to better understand Alaska's unique geography and
topography, and the challenges posed by those characteristics. I look
forward to working with you, your staff, and other Alaskan stakeholders
to better understand how we can ensure this program meets the unique
needs of tribal communities in the state.
Question 5. Extreme rural tribal communities, sometimes called
``Frontier'' communities, in Alaska face an existential threat with
regard to lack of access to broadband and adequate Internet speeds. It
jeopardizes the future viability of communities where young people
would like to live but have trouble sustaining families in the absence
of reliable internet. Are these factors part of your consideration as
dollars are awarded under the TBCP? Would you and your staff be open to
more discussions with my office and stakeholders regarding the unique
impact it has in Alaska?
Answer. The challenges facing ``Frontier'' communities you describe
are emblematic of the digital divide and reinforce the need to
prioritize unserved communities and support them in reaching their full
economic potential. While I have not been engaged in NTIA's process to
award funds via the TBCP, I welcome the opportunity to continue
engaging with your office and stakeholders to ensure that the needs of
``Frontier'' communities are appropriately considered in that program
and as we stand up and administer the programs contemplated in the
IIJA.
Question 6. Under the Notice of Funding Opportunity (NOFO) for the
TBCP, applicants were encouraged to answer whether they would want
their application to be passed along for consideration under the COVID
Capital Projects Fund (CCP). Will CCP meaningfully supplement the TBCP
given its oversubscription? I understand that the initial $1 billion in
TBCP funding was met with $5 billion in applications. To what extent
will the CCP be utilized to help the needs of TBCP applicants, and will
NTIA utilize CCP funding for rural communities most in need?
Answer. As I am not part of NTIA I have not been part of
discussions between the NTIA and Treasury regarding the issues you
raised. If confirmed, I look forward to coordinating with other federal
grants programs and to working with your office to ensure that tribal
applicants are able to easily benefit from the funds available across
various programs.
Question 7. The BIF directs an additional $2 billion in funding for
the TBCP. Will NTIA make any adjustments to how the funding is awarded
under the program after the awarding of the initial $1 billion? And if
so, would NTIA be open to a conversation about suggestions about how to
make the program work better for extreme, rural communities?
Answer. I do not know the current status of NTIA's planning
regarding the additional $2 billion appropriated for the TBCP under the
IIJA. If confirmed, I would welcome discussion with you and your staff
as well as other stakeholders to understand how best to implement this
program to meet the needs of tribal communities, including those in
extreme, rural locations.
Question 8. It is understandable that TBCP applicants may not all
receive the total funding they are pursuing given the program's
oversubscription. Other funding sources exist for broadband, such as
the CCP, programs within Bureau of Indian Affairs, or the recently-
passed BIF. Does NTIA envision a scenario where NTIA TBCP funding
awards are intended to be complementary to efforts to receive Federal
funding from other sources? Communities in Alaska would be empowered to
explore creative solutions if they were given a commitment from NTIA to
``get the project started'' and work from there to fund it to
completion?
Answer. While I do not know the status of NTIA's plans for TBCP
funding awards, if confirmed, I would commit to work with you and your
staff on how best to effectively and creatively leverage TBCP funding
and other Federal funding sources to meet the needs of Alaska's tribal
communities.
Question 9. Will you be reaching out to TBCP applicants who are not
approved to notify them about other Federal funding opportunities?
Answer. While I do not know NTIA's current plans for TBCP
applicants, I am committed to communicating well with tribal
communities and program applicants, and ensuring that they are aware of
funding opportunities from NTIA and other Federal sources.
Question 10. Connecting Alaska will require crossing significant
swaths of Federal lands. Will you commit to work with my office,
Alaskans, and any relevant Federal agencies on expedited easement
rights for broadband access?
Answer. Yes.
______
Response to Written Questions Submitted by Hon. Marsha Blackburn to
Alan B. Davidson
Question 1. As I'm sure you already know, the FAA issued a safety
alert on 5G interference to aircraft. While there is no sufficient
evidence that 5G deployment causes aircraft safety concerns, the FAA
went ahead and stated ``action might be required to address potential
interference with sensitive aircraft electronics.'' What are your
thoughts on this ongoing situation?
Answer. I agree that the ongoing C-band situation is a prime
example of how interagency spectrum coordination has become less
effective than it needs to be in recent years, with real-world
consequences for spectrum users. Working to achieve better spectrum
coordination outcomes in the future will be one of my top priorities if
confirmed. It is critical that we support 5G deployment and maintain
U.S. leadership in wireless, and so we must find ways to meet the needs
of both Federal and commercial spectrum users.
Question 2. According to Firehouse.com, On November 1st, the Rapid
All-Terrain Tower (RATT), a Tennessee-based business, announced a
partnership with FirstNet to create a fast and reliable communication
platform for use in surveillance, crisis, and emergency situations. How
can we continue to improve FirstNet services for first responders?
Answer. Ensuring that FirstNet provides reliable and effective
support for first responders and that its network is resilient are
critical goals. I look forward to learning more about RATT's
technology, and I am pleased that FirstNet continues to take steps to
improve FirstNet services for first responders. If confirmed, I look
forward to engaging with the experts at NTIA and FirstNet on these
issues, and to supporting FirstNet's continued engagement with public
safety agencies across the country.
Question 3. As I noted when we spoke, I am concerned that
government and commercial users are working at cross-purposes, which is
ultimately unhelpful for consumers. How will you encourage better
collaboration among NTIA, other Federal users of spectrum, and the FCC
and private sector?
Answer. As we discussed when we spoke, spectrum policy implicates a
range of Federal and commercial equities. NTIA has a dual mission to be
a good steward of Federal spectrum and to assist in making Federal
spectrum available for commercial use. It is crucial for NTIA to work
in partnership with the FCC, Federal users, and the private sector to
successfully achieve both of these missions. To do so, NTIA should
focus on an evidence-based, technically rigorous approach to
understanding Federal needs and coordinating with the FCC. If
confirmed, I would work with the FCC to review and update the FCC-NTIA
Memorandum of Understanding (MOU), seeking the best framework agreement
possible to support our joint efforts to ensure spectrum use benefits
all Americans. I was encouraged to hear Chairwoman Rosenworcel indicate
her support for this update in her confirmation hearing. I also would
look to resume the biannual joint spectrum planning meetings between
the Assistant Secretary and the FCC Chair that Congress wisely
directed. Finally, I would note that Secretary Raimondo has indicated
her enthusiasm for an update to the National Spectrum Strategy, and I
would welcome the opportunity to support that effort. In consultation
with Federal users, commercial stakeholders, and technical experts, I
believe we have an opportunity to ``skate to where the puck is going,
rather than where it is now'' and develop a spectrum strategy that
meets the future needs of the Nation.
______
Response to Written Question Submitted by Hon. Todd Young to
Alan B, Davidson
Question. Mr. Davidson, what are your plans at NTIA to implement a
new incumbent informing capability for the 3.5 GHz CBRS band?
As we discussed in your office, the U.S. has exhausted much of the
low hanging fruit when it comes to spectrum usage. Making more spectrum
available to meet the Nation's future needs will be aided by innovative
technologies and techniques. Incumbent Informing Capability (IIC) may
well be one of those promising technologies. My understanding is that
NTIA is working to develop and implement IIC to make more Federal
spectrum available for commercial use, and to develop a common platform
for spectrum sharing. If confirmed, I am eager to learn more about
NTIA's efforts in this area, and I would be happy to work with you and
your staff on innovative ways to make more Federal spectrum available
for commercial use.
______
Response to Written Questions Submitted by Hon. Mike Lee to
Alan B. Davidson
Question 1. The Infrastructure Investment and Jobs Act, or
otherwise known as the Bipartisan Infrastructure Framework (BIF),
awarded the NTIA $42 billion for broadband deployment.
1. How does Federal government funding in broadband affect market
incumbents who are already providing service to an area? Does
Federal funding have the potential to distort market
competition?
Answer. To minimize any impact, the IIJA support for broadband
buildout is premised on an ``unserved first'' model, which Congress
designed to supplement--rather than disrupt--private sector
investments. I intend to faithfully follow this statutory framework.
2. The BIF requires grants for unserved/underserved areas to be
built out at 100 Mbps down and 20 Mbps up. That's roughly four
times the speed of the FCC's minimum speeds under the Universal
Service Fund. Is the ``overbuilding'' of networks inevitable?
And is that a problem that should be avoided?
Answer. As noted above, the IIJA is premised on an ``unserved
first'' model that prioritizes investment in areas that presently lack
access to broadband. For these and underserved areas, the IIJA provides
clear directives for service standards at 100 Mbps downstream and 20
Mbps upstream along with low latency. NTIA's first priority will be to
assist states in both understanding those requirements and having
access to the right technical support and tools to design state plans
that meet their needs and prioritizes service to the unserved first.
3. If the FCC or USDA has already committed Federal funding to an
area for broadband deployment to unserved (or underserved)
areas should that exclude the NTIA from awarding funds that
serve the same area? Why or Why Not?
Answer. Under the Broadband Interagency Coordination Act, the FCC,
USDA, and NTIA are charged with coordinating on their broadband
deployment activities. I agree that it is important to rationalize our
processes to minimize unnecessary overlaps in funding. If confirmed, I
look forward to learning more about the current states of these inter-
agency discussions and about how we can most effectively direct BEAD
funding such that it complements funding from other Federal programs
Additionally, the IIJA establishes definitions of unserved and
underserved locations as well as requirements for state awards to
subgrantees, and I intend to faithfully follow the statutory framework.
4. Do you support the government rate regulation of broadband?
Answer. I do not believe that the IIJA statute allows NTIA to
engage in rate regulation in administering programs contemplated in the
IIJA, and I believe that competition and innovation in broadband
markets is the optimal mechanism for determining prices.
5. Under the requirements in the BIF, the Administrator is required
to approve a ``Low-Cost Broadband Service Option'' from
entities that receive Federal funds from NTIA. What is a ``Low-
Cost Broadband Service Option'' in your view?
Answer. At a high level, I view this provision as being aimed at
helping to ensure that all Americans have access to affordable
broadband. I expect that its implementation may vary from state to
state. I welcome input from a variety of stakeholders, including your
office, on the best way to define ``Low-Cost Broadband Service Option''
under the IIJA.
6. Is ``price'' a factor in determining whether an option is ``low-
cost?'' And how would you reconcile this with the BIF's
statutory mandate to not engage in rate regulation?
Answer. I have not had the benefit of hearing the NTIA staff's
analysis of the IIJA, including its provisions relating to the low-cost
broadband service option. If confirmed, I look forward to working with
the NTIA staff and engaging with states who are responsible for
proposing specific approaches for subgrantee programs to assess how the
IIJA's various terms interact with one another.
7. The BIF gives the Administrator broad discretion to put
additional requirements on company's who receive broadband
funding under NTIA. What additional requirements that are not
in the statute would you require? Would you require ``Net
Neutrality'' requirements as a condition of receiving NTIA
funds under the BIF?
Answer. Because I am not at NTIA, I have not had the benefit of the
NTIA staff's thinking on how the IIJA programs should be structured,
and what obligations, if any, should apply to funding recipients. If
confirmed, my main focus with respect to the IIJA programs will be
getting affordable, high-speed, and reliable broadband service to all
Americans as quickly and carefully as possible.
8. There are areas in the BIF that leave discretion to NTIA in
distributing funds under the program. Will you commit to doing
a rulemaking on the program to ensure public comments are taken
into account for the dissemination of these funds?
Answer. As I do not have the benefit of the NTIA staff's thinking
on these issues, I do not yet know whether NTIA will proceed via
rulemaking or other mechanisms. But no matter how we proceed, I am very
committed to transparency and accountability throughout the process of
standing up and administering the BEAD program. If confirmed, I intend
to seek and consider input from a variety of stakeholders on the policy
issues presented in the IIJA.
Question 2. As Administrator of NTIA, you will be responsible for
overseeing the Federal government's Federal spectrum allocations.
1. In your view, do Federal Government agencies use their spectrum
efficiently?
Answer. Senator, as we discussed on our call, I believe that
Federal agencies have essential public missions that must be met but
also can be more efficient in their use of spectrum resources. If
confirmed, I welcome the opportunity to work with you and other
spectrum leaders in Congress to find ways to ensure that Federal
agencies are being as efficient as possible with this precious
resource.
2. As Administrator, do you believe you have a responsibility to
find those inefficient spectrum allocations within Federal
agencies and offer those allocations up for higher and better
uses?
Answer. The most effective role for NTIA is to work with Federal
agencies, Congress, and the White House on a regular basis to identify
opportunities to make Federal Government agencies' use of spectrum more
efficient. NTIA has also been directed by Congress on numerous
occasions to identify Federal spectrum that can be made available for
commercial use. Congress has trusted NTIA with this important mission
and if confirmed this work will be a top priority for me. Finally, I
would note that Secretary Raimondo has indicated her enthusiasm for an
update to the National Spectrum Strategy. I would welcome the
opportunity to support that effort.
3. I've been a proponent of doing targeted audits on Federal
agencies' use of spectrum. The BIF included a provision I
authored to audit DOT's spectrum. Would you support expanding
audits to all Federal agencies?
Answer. Evaluating and tracking Federal spectrum use is a critical
task. My understanding is that NTIA is in the process of modernizing
its spectrum management software and systems. While the immediate focus
is on updating its legacy tools, longer term NTIA seeks to track more
closely what Federal users are using which bands at what times. The
ultimate goal is to be able track and manage these allocations in real
time. I would support ways that we can upgrade and enhance these tools
so that we can know at any given time how Federal agencies are using
their spectrum allocations, and potentially how we can facilitate
shared use of that spectrum with commercial users if possible. If
confirmed, I would welcome the opportunity to work with you and your
staff to find ways to achieve your goal of tracking and quantifying
Federal spectrum usage.
4. I also have a bill called the Government Spectrum Valuation Act
(S. 553), which would require NTIA to assess the ``opportunity
costs'' of Federal spectrum by conducting a market valuation of
Federal spectrum between 3 Khz and 95 Ghz. Do you support my
Government Spectrum Valuation Act?
Answer. I agree that we need to better understand the opportunity
costs of Federal spectrum usage and ensure that we are making the best
possible use of spectrum in the public interest. I have not reviewed
all of the provisions of S. 553, though I find many of the ideas that
we discussed promising. If confirmed, I would be happy to work with you
and your staff on this legislation and how we can achieve greater
efficiencies in Federal spectrum usage.
5. Generally, do you support the reallocation of Federal spectrum
that is not being used efficiently by Federal agencies? What
incentives can you, as Administrator, provide for reallocation?
Answer. Providing incentives for Federal agencies to engage in the
significant planning and technical analysis required for spectrum
reallocation is very important. Existing mechanisms have proved
valuable, such as the Spectrum Relocation Fund (SRF). If confirmed, I
would be happy to work with you and your staff to determine how best to
leverage the SRF and other programs and authorities within NTIA to
incentivize Federal users to make their operations more efficient.
6. As NTIA Administrator, is it your duty to advocate for the
spectrum views of individual Federal agencies or is your
responsibility to take agency views into account and advocate
NTIA's independent decision?
Answer. NTIA has dual roles when it comes to Federal spectrum
policy. First, it is the coordinator of Federal spectrum usage, and
second, it serves as the principal adviser to the President on
telecommunications and information policy and has an imperative to meet
commercial needs for spectrum. If confirmed, I would focus on an
evidence-based approach to NTIA's roles. I would work to ensure that
NTIA leverages its significant spectrum engineering and policy
expertise in working with agencies and advocating on their behalf. It
has been said in the past that we need a ref on the field when it comes
to spectrum policy, someone who can call balls and strikes impartially.
That is the role that NTIA would play under my leadership.
Question 3.The NTIA has long considered the potential for leasing
Federal spectrum for non-federal uses. Do support allowing for the
leasing of Federal spectrum for non-federal uses?
Answer. This is not an issue that I am deeply familiar with. I
support utilizing innovation and technology as a way to better leverage
our limited spectrum resources. If confirmed, I would like to work with
you and your staff to better understand how this concept would apply
and how it could be leveraged to achieve our shared goal of more
efficient Federal spectrum usage.
Question 4. Regarding spectrum coordination, the FCC and the NTIA
have operated under an MOU that is the main mechanism for coordination
of spectrum management decisions.
1. Is the existing MOU's framework sufficient for today's spectrum
coordination between the FCC and NTIA?
Answer. No.
2. Do you think the MOU needs to be updated? If so, how?
Answer. I agree with Chair Rosenworcel that the FCC-NTIA MOU should
be updated to reflect the many changes in spectrum issues since the MOU
has last been revised. I would reserve judgment on specific changes
until I have had the opportunity, if confirmed, to make my own
assessments based on engagement with NTIA's expert technical staff and
other stakeholders.
3. In your view is the Interdepartment Radio Advisory Committee
(IRAC) operating efficiently? Is all the information between
agencies being shared during the IRAC?
Answer. The IRAC has a long history of serving as an effective
intergovernmental coordination mechanism but my understanding is that
it has experienced declines in its effectiveness in recent years. If
confirmed, I look forward to learning more about the status of the
Committee.
4. In your view, is there room for improvement in the IRAC process?
If so, what?
Answer. Yes, my understanding is that there is room for
improvement. Because I do not have direct knowledge of the IRAC as it
has been operating, I will reserve judgment on specific areas that
should be changed but if confirmed I plan to engage with key personnel
across IRAC-participating agencies to identify areas for improvement
during my tenure as Administrator.
Question 5. Do you have any concerns about Chinese influence at the
International Telecommunication Union?
1. Does China's influence at the ITU have implications for setting
global standards for telecommunications?
2. As Administrator, what priorities will you have at the ITU to
combat Chinese control of the ITU?
3. How will you advance U.S. interests and ensure the U.S. is
bolstering our influence at the ITU?
Answer. I do have concerns about efforts by the Chinese government
(and other authoritarian governments) to influence the ITU and other
international bodies to make global communications networks more
subject to top-down censorship and control, and to push for their
centrally-designed standards over internationally-developed standards.
These approaches can stifle competition and interfere with commerce and
innovation.
If confirmed, I will make it a priority for the United States to
reassert itself as a global leader in these international fora, in
order to promote the open and industry-driven innovation that has been
the hallmark of the online ecosystem. My immediate priority within the
ITU context would be the election of Doreen Bogdan-Martin as Secretary
General of the ITU, who would be the first American in that position in
decades and the first woman ever. I would work to ensure U.S.
leadership and would plan to serve on the U.S. delegation to the ITU's
September 2022 Plenipotentiary Conference, where a key focus will be
Ms. Bogdan-Martin's election.
______
Response to Written Questions Submitted by Hon. Ron Johnson to
Alan B. Davidson
Question 1. The Bipartisan Infrastructure Bill included $42 billion
to NTIA for a broadband grant program and provided the Administrator
with wide discretion of its disbursement. Every facet of the economy
utilizes and relies on broadband access, and Internet usage is
increasingly using a greater share of electricity. Yet, our electric
power grid remains vulnerable to natural and anthropogenic disasters
including electromagnetic pulse (EMP) attacks and geomagnetic
disturbances (GMD).
1. How can NTIA work with NIST to improve resilience of critical
infrastructure, including our broadband networks, against EMP
attacks and GMD threats?
Answer. If confirmed, I will ensure that NTIA is fully leveraging
its expertise to improve resilience of critical infrastructure and the
entire communications eco-system. I generally understand that over the
years NTIA has actively engaged in interagency discussions on
resilience and response to threats from EMP attacks and GMD incidents.
But I am not deeply familiar with that work, and thus cannot comment on
the best paths forward to address the concerns. If confirmed, I can
commit to working to better understanding the threats, past U.S.
Government responses to them, and future options to reduce our risks.
2. Are you open to repurposing unspent COVID-19 relief, CARES Act,
or American Rescue Plan Act funds, to build large power
transformers to protect our electrical grid and broadband
networks?
Answer. Our nation's critical communications and broadband networks
are dependent on a robust and resilient electrical grid. If confirmed,
I will ensure that NTIA is actively engaged with the Departments of
Homeland Security, Energy, and others to ensure that the national
electric grid increases its resilience and can function and recover
from natural and man-caused disasters. On the question of repurposing
funds--including funds targeted at the pressing need to respond to
serious health and related economic challenges--I am not aware of
NTIA's ability to do so and imagine that this is of course in the
purview of Congress.
______
Response to Written Questions Submitted by Hon. Shelley Moore Capito to
Alan B. Davidson
Question 1. Mr. Davidson, if confirmed, will you commit to complete
transparency and cooperation of information with my office regarding
any broadband funding dispensed by the NTIA to my state of West
Virginia?
Answer. Yes. Coordination with states will be critical to the
success of the NTIA's broadband funding programs, and if confirmed I
would welcome engagement and cooperation on state broadband funding
with your office, and with other Members of Congress.
Question 2. Given the mountainous terrain of West Virginia,
achieving universal broadband connectivity may require an all-of-the-
above technology approach. Fiber, cable, fixed wireless, mobile
wireless--perhaps satellite broadband--each has a role to play in
connecting every household and business to the digital economy. What
are your thoughts on tech neutrality, and will broadband programs
administered by NTIA be carried out in a technology-neutral manner?
Answer. The IIJA gives state governments a significant role in
ensuring that each state's residents benefit from affordable, robust,
and ubiquitous broadband. As we discussed in your office, states like
West Virginia face unique challenges that require flexibility in
identifying technical solutions to meet local priorities. If confirmed,
I would support an ``all of the above'' approach that allows NTIA and
the states to consider any technology that will meet America's
broadband needs, consistent with the requirements set out in the IIJA.
I look forward to engaging with NTIA staff and stakeholders on the
specific requirements you raise, in order to ensure that West Virginia
has the tools to deploy broadband to all corners of the state.
Question 3. Secretary Raimondo has repeatedly recognized the
failures of the Broadband Technology Opportunities Program (BTOP), an
approximately $4 billion grant program administered by NTIA in 2009 as
part of the Obama stimulus. You are going to be tasked with
distributing $42 billion in broadband funds--just over ten times the
BTOP amount. If confirmed, how do you plan to ensure that the funds
from the infrastructure bill will successfully deploy high-speed
broadband with no fraud, waste, or abuse to the American taxpayer?
Answer. Success for the infrastructure bill programs will require
that we are careful stewards of Federal funding. If confirmed, I am
committed to implementing the IIJA programs in a way that gets money
out the door both quickly and carefully. I would focus on three main
approaches to do so. First, I would insist from the outset on clear
expectations regarding oversight and accountability for state
grantmakers and for grant recipients, and then execute and implement
those oversight functions throughout the life of the program. Second, I
believe in the idea that ``sunlight is the best disinfectant''. If
confirmed I will demand transparency by NTIA and by our state partners.
Finally, I would seek out clear metrics for success and
accountability and ensure that NTIA and states are collecting the data
needed to measure progress against those metrics.
Question 4. As Secretary Raimondo has recognized, the
infrastructure bill requires NTIA to rely on the newly updated FCC maps
when determining if an area is unserved and defines an area as unserved
if it does not have access to 25/3. Mr. Davidson, if confirmed, do you
commit to following the letter of the law when implementing the
infrastructure bill?
Answer. Yes
Question 5. Mr. Davidson, if confirmed, do you commit to following
the letter of the law when implementing the infrastructure bill?
Answer. Yes.
Question 6. Secretary Raimondo has recognized that the
infrastructure bill's process allows for challenges where there's
already funding. The FCC has significant experience in reviewing
broadband challenges to avoid overbuilding. If confirmed, will you
commit to coordinating with the FCC on the challenge process?
Answer. I believe it is important for NTIA to learn from the
experiences of other agencies. If confirmed, I commit to coordinating
with the FCC in order to understand and learn from their experiences
with challenge processes.
Question 7. What is your understanding of the roles the NTIA and
FCC play in spectrum management?
Answer. NTIA by statute manages the Federal government's use of
spectrum, including ensuring agencies have access to the spectrum
needed to support important Federal missions. NTIA also is the
President's principal advisor on telecommunications, which includes
spectrum policy. The Federal Communications Commission (FCC), an
independent Federal agency, regulates all other spectrum use, including
by state and local governments. This shared governance of spectrum
demands close coordination between the agencies on both domestic and
international spectrum matters.
My understanding is that NTIA is also responsible for communicating
the views of the Executive Branch to the FCC, through informal and
formal coordination and even submitting public filings in FCC
proceedings. For many years, a Memorandum of Understanding (MOU)
between the agencies has governed formal coordination. NTIA and FCC
collaboration has a long history, that I know includes many successes.
If confirmed, I commit to working to ensure a stronger cooperative
relationship exists and the tools are in place to ensure coordination
can be as successful as possible, including reviewing the MOU for
potential improvements. If confirmed, strengthening this function will
be one of my top priorities.
Question 8. The FCC requires all recipients of broadband funding to
also provide voice service. In the interest of promoting ongoing
private investment and modern network expansion, and creating
competition should we consider requiring all funding recipients to be
required to offer a voice service? What do your thoughts on requiring
every recipient of broadband funding to also be required to be a
designated Eligible Telecommunications Carrier (ETC)?
Answer. It is important that we consider how the transition to
high-speed, digital broadband networks might impact access to voice
telephone service, which continues to play a crucial role in our world.
The ETC model has served as a traditional oversight mechanism at the
state level to ensure the quality and reliability of voice services,
and some but not all states have also applied ETC oversight to
broadband services. I have not considered the question posed in depth.
If confirmed, I would seek advice from the NTIA staff as to the
ramifications and impact of a state's conditioning BEAD funding and/or
other programs on a recipient's commitment to provide voice service and
to obtain ETC status.
Question 9. Big tech makes a lot of money off advertising over
broadband networks. What are your thought on requiring them to help pay
for the deployment of high-speed broadband?
Answer. The IIJA directed the FCC to open a proceeding regarding
the future of the universal service fund. The question of whether and
how to reform the contribution framework is principally left to the FCC
under Section 254 of the Communications Act. If confirmed, I look
forward to consulting with the FCC's leadership and offering any
assistance we can as that agency considers such reforms.
______
Response to Written Questions Submitted by Hon. Rick Scott to
Alan B. Davidson
Question 1. The recently passed infrastructure bill gives NTIA over
$42 billion for broadband buildout.
1. Have you ever managed a grant program this size?
Answer. I have not, but I do have two decades of leadership and
executive experience in the private and nonprofit sector. I have
managed large, high-impact teams with significant budgets working in
bet-the-company situations. I have sat on multiple boards and engaged
in fiscal oversight. And I have served in the leadership offices of the
Commerce Department itself. I am eager to bring all these experiences
to bear at NTIA.
2. How will you ensure the funds are allocated in an ethical manner
and each state receives their fair share?
Answer. If confirmed, I am committed to following the
infrastructure statute responsibly and with integrity. This commitment
includes administering the allocation framework in the statute
faithfully, and serving as a close partner with states to make sure
that they have the tools that they need to be successful. Throughout
this effort, I am committed to ensuring that NTIA stands up and
administers an open and transparent process.
Question 2. This new $42 billion program was given exemption from
certain provisions of the Freedom of Information Act.
1. Do you believe this exemption is necessary?
Answer. I am not a FOIA expert and do not currently have a position
on whether an exemption was necessary. Regardless, if confirmed I am
committed to running open, transparent and accountable processes at the
NTIA.
2. How do you do plan on working with Congress to ensure
transparency and proper oversight of this program?
Answer. If confirmed, transparency and accountability will be a top
priority. I believe in the idea that ``sunlight is the best
disinfectant'' and if confirmed I will insist on transparency and
accountability from NTIA as well as our state partners. I intend to
communicate with Congress throughout the process of standing up and
administering NTIA's portions of the IIJA and welcome input from your
office.
Question 3. Do you believe the government manages an appropriate
amount of spectrum? Do you believe there are some efficiencies to be
made that would allow more spectrum to be sold to the private sector
for use--such as 5G or--one day--6G?
Answer. The Federal government utilizes spectrum to support an
extremely diverse range of missions of importance to the American
people. These uses by necessity sometimes require access to significant
amounts of spectrum. My understanding is that, quite often, the Federal
agencies are indeed using spectrum very efficiently, including in many
cases where a number of agencies share frequencies in the same band
through elaborate coordination by NTIA and the agencies themselves.
Nonetheless, support for U.S. leadership in 5G and future advanced
wireless technologies is essential and demands continued access to
spectrum. NTIA has a responsibility to ensure the limited spectrum
resource is being used as efficiently as possible, and it has a long
history of finding ways to maximize spectrum use and free it up for
other purposes, including the commercial wireless services you refer
to. If confirmed, I commit to seeking out more of these opportunities.
______
Response to Written Question Submitted by Hon. Cynthia Lummis to
Alan B. Davidson
Question. Mr. Davidson-In our conversation we discussed how some
states may not be fully prepared to accept the funding that will be
coming to them from the infrastructure bill. Wyoming, fortunately, has
a robust state broadband program so their problem is the opposite.
Wyoming is ready from the funding, but they are concerned about the
several month delay in announcing Broadband Infrastructure Grants. This
delay in announcing who will receive grants is creating significant
issues for the state's planning of deployment. If confirmed, how do you
plan to keep this and future grant programs from experiencing more
delays?
Answer. If confirmed, I look forward to working with your office
and with the state of Wyoming to make sure that residents of your state
benefit from the very best broadband possible. Because I am not
currently at NTIA, I do not have any visibility on what factors
contributed to the recent delay in announcing the Broadband
Infrastructure Grants. I will simply say that, if confirmed, I will
place a high priority on meeting the deadlines set forth in statute. I
also am committed to administering the programs transparently. Looking
ahead, I would note that our distribution of funds under the IIJA state
grant program is dependent on the release of critical FCC maps. I think
that one of the most important things we can do to limit delays is to
keep open robust lines of communication between NTIA, the FCC, the
states, and other key stakeholders to make sure that potential issues
or administrative problems are spotted and resolved as early as
possible. I am committed to keeping those lines of communication open
and coordinating closely so that we all can transform appropriated
dollars into deployed broadband networks as quickly and carefully as
possible.
______
Response to Written Questions Submitted by Hon. Amy Klobuchar to
Viquar Ahmad
Broadband Infrastructure. The bipartisan infrastructure law
includes the largest investment our country has ever made in broadband,
$65 billion for broadband infrastructure. The NTIA at the Department of
Commerce will oversee the rollout of the majority of the $65 billion.
Question. If confirmed, how will you help NTIA deploy those funds
quickly and effectively?
Answer. The Department of Commerce is grateful for the significant
investment included in the Infrastructure Investment and Jobs Act
(IIJA) to help close the digital divide and ensure that all Americans
have access to reliable, high speed, and affordable broadband. The
National Telecommunications and Information Administration's (NTIA)
work to implement the IIJA is already underway and is engaging with
stakeholders in every state, territory, tribe, and community to ensure
these programs succeed.
The Office of Acquisition Management (OAM) supports Commerce's
Operating Units by providing expert guidance so that funds are deployed
efficiently and in accordance with the law and regulations. The close
partnership of the OAM and NTIA teams is essential to operational
success. If confirmed, I will ensure that we have the robust capability
necessary and streamlined processes in place to support the
Department's efforts in effectively delivering these funds to
communities nationwide.
Small business growth. Small business drives the American economy,
and new businesses are responsible for creating nearly all net new
jobs. The Department of Commerce plays an important role in supporting
entrepreneurs and businesses.
Question. If confirmed, how will you support minority and women
entrepreneurs and minority-owned businesses?
Answer. I fully share President Biden and the Department of
Commerce leadership's commitment to not just rebuilding to how things
were before the COVID-19 pandemic, but to building back better and more
equitably. The Minority Business Development Agency (MBDA) is a key
component of that effort. If confirmed, I will seek to ensure MBDA's
success and that the Department's finance and administrative staff are
available to help MBDA effectively carry out its mission.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
Viquar Ahmad
Question 1. The Department of Commerce OIG (Office of the Inspector
General) identified the Department's Management Matters Involving
Acquisitions and Grants and NOAA's (National Oceanic and Atmospheric
Administration) satellite governance as top management challenges in
Fiscal Year 2022. If confirmed, what recommendations would you
implement to address these challenges?
Answer. To address the management challenges involving acquisitions
and grants in NOAA's satellite programs and other areas, I will
leverage and strengthen existing Departmental procedures for suspension
and debarment, for overseeing bureau grant and procurement management
offices, and for conducting Acquisition and Program Management reviews
of major acquisitions. In addition, I will continue to invest in the
Department's acquisition workforce by expanding the number of program
managers and contracting professionals with specialized training in IT
and Digital Services, operationalizing the Department's acquisition
innovation lab, and maintaining and expanding the Program Management
Community of Practice. I will also continue to leverage the
Department's Acquisition Project Management Framework and Milestone
Review Board to maintain oversight of and insight into the Department's
mission critical programs including NOAA's satellite programs.
Question 2. What are your top priorities for the Department, and if
confirmed, what steps would you take to address those priorities?
Answer. My top priority, if confirmed, would be to help the
Secretary, Deputy Secretary, and other senior leadership put forth the
best budget to support the Department of Commerce's strategic needs.
Second, I believe we must provide evidence to Congress, the public,
and our other agency partners that we are good stewards of public
resources. Finally, I will ensure our human resource focus is on
recruiting, developing, and retaining a well-rounded cadre that
understands not just how to do a job, but how varied functional
expertise plays into the overall mission.
I will review existing policies, procedures, practices, and consult
with senior career staff on issues of concern. I will meet with
Inspector General Gustafson to discuss the most recent management
challenges outlined in her report. Ultimately, maintaining a close
partnership with staff, colleagues at the bureaus, and OMB will be
important to our success. We will establish metrics, track progress,
and take a proactive approach to mitigate any issues.
Equally important, I remain committed to maintaining open lines of
communication with you and your staff on the important work of the
Department.
Question 3. A recent report from the OIG was highly critical of
Enterprise Services' (ES) management and oversight of its blanket
purchase agreement (BPA) with Accenture. While ES may not report
directly to the CFO, if confirmed, how would you ensure that taxpayer
dollars are in fact getting the agreed upon deliverables for this BPA
and each of DOC's other contracts?
Answer. If confirmed as the CFO and ASA, I will ensure that strong
oversight is provided to Department's acquisitions and blanket purchase
agreements. Through the oversight efforts of the Senior Procurement
Executive and Office of Acquisition Management, I will ensure effective
tools are used so that the Department receives quality services and
products procured with taxpayer dollars in the Department's bureaus and
offices. With respect to this specific OIG audit of the ES BPA, I will
ensure the Corrective Action Plan addresses the core concerns in the
report and that any lessons learned are applied throughout the
Department.
Question 4. The OIG report also contained 11 recommendations for
the Department to implement. While a corrective action plan is due back
to the OIG within 60 calendar days, what involvement will you have to
ensure each recommendation is adequately addressed, and that subsequent
actions are taken?
Answer. While I am aware of this OIG report, I have not been
briefed on the Corrective Action Plan that is under development. If
confirmed, I will meet early on in my tenure with Inspector General
Gustafson to review the most recent audits and management findings,
including the Accenture report. I will ensure that Corrective Action
Plans are in place and that Department staff is aggressively taking
action to close open recommendations and address the findings. I will
also meet with Enterprise Services leadership to ensure the staff is
taking strong action to implement recommendations and further enhance
their contract oversight.
______
Response to Written Question Submitted by Hon. Marsha Blackburn to
Viquar Ahmad
Question. It's my understanding that in 2020, the Department of
Commerce obligated over $10 billion for contractual goods and services,
grants, and other financial awards. Can you please tell me how you will
conduct a more transparent and accountable grant process for awardees?
Answer. In 2020, the Department obligated over $10 billion in
procurements, grants and other contractual services, with procurements
being the largest component. The Department follows Federal regulations
prescribed in the FAR to ensure transparent and accountable awards.
With the dramatic increase in grants, the Department has been focused
on instituting program management practices to track progress on the
billions of dollars in grant program funding starting with the CARES
Act in 2020. If confirmed, I will make sure we have a dashboard which
provides an internal status update, including a proactive approach to
identify areas of concern.
The goal will be to have visibility at each stage of the process:
from enactment of legislative authority, Notice of Funding Opportunity
(NOFO), application, and evaluation through award. I will ensure that
the bureaus remain committed to tracking the details and having a
transparent and accountable process using the grants.gov and
USAspending.gov tools that serve the Federal government.
______
Response to Written Questions Submitted by Hon. Rick Scott to
Viquar Ahmad
Question 1. The Department of Commerce oversees the disbursement of
varying grant programs, ranging from fishery and coastal protection to
broadband buildout and economic development. How will you ensure these
are awarded fairly, transparently, and consistently?
Answer. I share your commitment to ensuring public resources are
deployed in accordance with the law and done so in a and fair,
transparent, and consistent manner. The Department follows Federal
regulations prescribed in the FAR to ensure transparent and accountable
awards. With the dramatic increase in grants, the Department has been
focused on instituting program management practices to track progress
on the billions of dollars in grant program funding starting with the
CARES Act in 2020. If confirmed, I will make sure we have a dashboard
which provides an internal status update, including a proactive
approach to identify areas of concern.
The goal will be to have visibility at each stage of the process:
from enactment of legislative authority, Notice of Funding Opportunity
(NOFO), application, and evaluation through award. I will ensure that
the bureaus remain committed to tracking the details and having a
transparent and accountable process using the grants.gov and
USAspending.gov tools that serve the Federal government.
Question 2. I am concerned with the national security threat that
Communist Chinese drones pose to our Federal agencies. I have
introduced the American Drone Security Act to prohibit the Federal
procurement of drones that pose such a threat. Do you commit to not
procuring any drones that are manufactured in Communist China for the
Department of Commerce--including NOAA?
Answer. The Department is a member of the Federal Acquisition
Security Council (FASC), with participation by the Chief Information
Officer, Special Procurement Executive, and National Institute of
Standards and Technology (NIST). The FASC is the Federal government
organization that is responsible for tracking, evaluating, and
processing entity list additions and or adjustments. The Department has
an internal Supply Chain Risk Management process that ensures items
requested for procurement meet the section 889 and other security
requirements before authorization to purchase is granted. I will ensure
that these memberships and processes are maintained and enhanced as
needed to protect the Department and the equities of the Federal
Government.
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