Schumer Files Cloture on Davidson; Senators Eye January Action on Sohn, Bedoya

Senate Democrats are planning January action on FCC nominee Gigi Sohn, FTC nominee Alvaro Bedoya and NTIA administrator nominee Alan Davidson amid perceptions President Joe Biden’s tech and telecom picks have renewed momentum after the start of 2022, lawmakers and lobbyists told us. Biden renominated Bedoya and Sohn Tuesday, and Senate leaders agreed to carry over Davidson’s 2021 nomination (see 2201040027). Most or all Republicans are expected to oppose Bedoya and Sohn, as they did last year (see 2201040071). Confirmations would ensure 3-2 Democratic majorities at the FCC and FTC.

Senate Majority Leader Chuck Schumer, D-N.Y., filed cloture Wednesday on Davidson, setting up floor votes as soon as next week. That would track with Senate leaders’ goal of confirming the nominee before the chamber recesses Jan. 17 for the Martin Luther King, Jr. Day, lobbyists told us.

Senate Commerce Committee Chair Maria Cantwell, D-Wash., said before Schumer filed cloture on Davidson that she was hopeful Sen. Rick Scott of Florida and other GOP lawmakers who were considered barriers to a bid for quick December Senate confirmation of Davidson (see 2112150069) “got cheered up over the holidays” and may now allow the nominee to move forward. “Supposedly people didn’t think there was a lot of opposition to” Davidson, given the bipartisan Senate Commerce vote to advance him to the floor, but Scott was steadfast in maintaining his hold on all Commerce Department nominees (see 2111180081).

Cantwell confirmed to us Wednesday the panel intends to hold an executive session next week and hopes to have Bedoya and Sohn on the agenda but hasn’t finalized “who’s on it yet.” Jan. 12 is Commerce’s preferred date for the markup but it could happen Jan. 13 instead, lobbyists said. They cited potential difficulties with a Jan. 12 meeting because former Senate Majority Leader Harry Reid, D-Nev., will be lying in state at the Capitol that day. Committee members previously voted 14-14 on Bedoya (see 2112010043) and the same party-line result is expected when they bring him back up, lobbyists said.

Sohn is “a great nominee and I’m impressed by the knowledge base that she has” on overarching telecom policy issues that could come before the FCC, Cantwell said. “I think members wanted to hear from [Sohn] for clarification on some issues” before a committee vote, “so hopefully those questions have been answered.” A handful of Democratic holdouts on Sohn prompted Commerce to shelve hopes of moving her nomination last month (see 2112090058).

Sen. Jacky Rosen of Nevada, one of the two Democrats considered undecided in December, told us Wednesday she “will be voting” for Sohn. “My team and I” met with Sohn Dec. 17 and “she committed to us to come out to Nevada with me" and "meet with our Nevada broadcasters” about concerns the industry has raised about the nominee, Rosen said. Sohn also “committed to diversity in hiring practices” and “many other things” that assuaged concerns about her confirmation. Rosen previously had qualms about Sohn’s position on IP and media ownership diversity, plus the nominee’s involvement with shuttered sports rebroadcaster Locast, as a board member for its operator Sports Fans Coalition.

Sohn’s supporters also believe Sen. Kyrsten Sinema of Arizona, the other publicly undecided Democrat, is leaning in favor of her confirmation. Some cited chatter that Cantwell’s office received private assurances from Sinema that she will back Sohn in committee and in a future floor vote. Others cautioned that Sinema hasn’t formally decided to back Sohn but believe she ultimately will. Sinema’s office didn’t comment. She has had concerns about Sohn’s net neutrality views.

Cantwell said Wednesday she hasn’t personally spoken to Sinema about the matter but planned to later that day. Sinema’s support would ensure a 14-14 tie on Sohn if all Republicans vote against the nominee. A tie wouldn’t allow Commerce to automatically advance her to the full Senate, but rules for the 117th Congress include a process for the chamber to discharge a committee from considering a nomination and bring it to the floor.

Senate Communications Subcommittee ranking member John Thune, R-S.D., told us he “hadn’t heard” whether Bedoya and Sohn would be included in a January Commerce meeting agenda, but “it wouldn’t surprise me” if Democrats pushed to advance them. They want “to get moving on those, especially” given the FCC vacancy, which has left the commission in a 2-2 tie for almost a year, Thune said. He and other Commerce Republicans want the committee to hold another confirmation hearing on Sohn to delve further into their concerns about her becoming a commissioner.

“Unfortunately, I was at my father-in-law’s funeral” during Sohn’s Dec. 1 confirmation hearing, so “I would like the opportunity” to hear from her, Thune said. “I think a lot of people” would, including among some Commerce Democrats. “There may be some concerns about things she has said in the past, things she has said in front of the committee,” that lawmakers should get “another opportunity to explore,” he said. “Ultimately it will be up to” Cantwell “and we’ll see where the votes are.”

CTA CEO Gary Shapiro backed Sohn Tuesday. She’s “a pragmatic problem solver who understands what it takes to make innovation thrive,” Shapiro said. “She has earned the respect of industry, civil society groups and Republicans and Democrats alike -- a true feat in these hyper-partisan” times. “We need an FCC Commissioner who will ask critical questions of both industry leaders and government counterparts and truly listen to the answers, even when they are at odds with personal views,” he said. “At times, that may mean that Gigi takes positions that conflict with the priorities of the consumer technology industry. But that’s a price we should all be willing to accept for a commissioner with deep integrity, knowledge and skill.”