FCC Nominee’s Pledge to Recuse Herself Is Criticized by Broadband Providers

(Bloomberg) -- Broadband providers on Tuesday raised concerns over a pledge by a nominee for the U.S. Federal Communications Commission to to stand aside from some broadcast matters that come before the agency due to her prior work as an attorney.

The nominee, Gigi Sohn, is a Democrat whose nomination is scheduled for a Senate committee vote on Wednesday.

Trade groups sent letters to leaders of the Senate Commerce Committee questioning Sohn's pledge to recuse from issues surrounding negotiations by broadband providers to carry local TV signals. Sohn, a communications attorney, dealt with such issues while leading an advocacy group called Public Knowledge.

The letters came from USTelecom, with members including AT&T Inc. and Verizon Communications Inc., and from NCTA-The Internet & Television Association, with members including Comcast Corp. and Charter Communications Inc.

Each trade group asked why Sohn's recusal should be limited to the broadcast issues, given her broad advocacy over the years. USTelecom said it hadn't taken a stance on Sohn's nomination and NCTA said it didn't oppose her.

“If there are broader concerns about Ms. Sohn's ability to act impartially based on her past advocacy, it is unclear to USTelecom why a recusal would only be limited to one topic that provides special treatment to only one industry,” Jonathan Spalter, CEO of USTelecom, wrote to the two senators.

In a separate letter, NCTA President Michael Powell wrote, “Given the breadth of issues in which Public Knowledge was involved under Ms. Sohn's leadership, her recusal should logically extend to all matters in which Public Knowledge was active, or conversely none of those activities should give rise to recusal.”

The Commerce Committee chair, Washington Democratic Senator Maria Cantwell, set a Wednesday committee vote on the Sohn nomination despite Republican calls for delay. Sohn, 60, would give Democrats their first majority during the presidency of President Joe Biden if she clears the committee and the full Senate.