On Thursday, the Senate Committee on Commerce, Science and Transportation held a congressional hearing to consider nominations for the Federal Communications Commission. The commission has been at a 2-2 political standstill since 2021.
The hearing comes as the FCC reaches more than two and a half years with a two-two deadlock between Democrats and Republicans. Gigi Sohn, President Biden's first nominee for the fifth spot, withdrew from consideration in March following three Senate hearings.
The hearing offered no great surprises, nor a sense of when the Senate may vote on the nominees. But the nominees, and Senators, gave hints on where they stand on a range of topics relevant to the broadband industry, according to LightReading.
An issue set to come up for a vote before the Commission by the end of this year is rulemaking on digital discrimination. Congress in the 2021 Infrastructure Investment and Jobs Act (IIJA) required the FCC to "adopt final rules to facilitate equal access to broadband internet access service" within two years. One topic up for debate, and an area of disagreement between the industry and consumer advocates, is whether the FCC should define digital discrimination as solely "intentional" – as preferred by the industry – versus defining it as practices that produce disparate outcomes, as encouraged by some advocacy groups.
Nominees being considered for the open seat on the FCC include Anna Gomez, a senior advisor for international information and communications policy in the State Department’s Bureau of Cyberspace and Digital Policy; incumbent Brendan Carr, one of the two Republicans on the FCC, serving since 2017; and incumbent Geoffrey Starks, who has served on the commission since 2019. The Senate committee also is considering Fara Damelin to be the commission’s Inspector General.
Nominees were pressed on the matter from both sides, first by Sen. Ted Cruz (R-TX), who suggested the Biden FCC is "declaring that the Internet is racist" and asked nominees whether they think there must be "clear evidence of discriminatory motive" for companies to be guilty of digital discrimination.
While Commissioner Carr (one of two Republicans on the FCC) told Sen. Cruz that he agreed "you need something more than your effect," he later told Sen. Ben Ray Luján (D-NM), when further pressed on the matter, that "there are things short of smoking gun that could be sufficient evidence to qualify for discrimination."
Gomez, who would be the third Democrat on the FCC if confirmed, also declined to comment directly, telling Sen. Cruz: "The issue of digital discrimination is something I know Congress tasked the Commission with looking at last year, but I need to be able to sit down and dig into the record and look at the notice of proposed rulemaking in order to be able to give you an informed answer."
On Net Neutrality and Title II
The FCC is also likely to vote on reinstating Net Neutrality rules and restoring classification of broadband as a Title II service, which would subject the industry to common carrier regulations.
Nominees and Senators were in general agreement that the issue should preferably come before Congress, but that the FCC may need to take action.
Asked whether she supports restoring Title II classification, Gomez said she did – but she also expressed a lack of support for regulating rates.
"I would be supportive of a reclassification to Title II. However ... I don't support rate regulation because I think that competition is the most effective regulator," she said.
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