Wicker to Seek Locast-Focused Hearing Seen Aimed at Sohn

Senate Commerce Committee ranking member Roger Wicker, R-Miss., was expected to have called as soon as Thursday night for the panel to hold a hearing on shuttered sports rebroadcaster Locast’s $32 million lawsuit settlement (see 2110280039), communications sector lobbyists and other officials told us. He has obtained a copy of the nonpublic, confidential version of the settlement from one of the involved parties, a GOP committee spokesperson said. Wicker plans to seek the hearing in a bid to endanger the confirmation prospects of Democratic FCC nominee Gigi Sohn, lobbyists said. Sohn’s role as a board member for Locast operator Sports Fans Coalition has gotten significant Capitol Hill scrutiny (see 2111290060).

Senate Commerce Democrats are highly unlikely to agree to hold the hearing, but amplified attention on Sohn’s Locast connections could be problematic since the majority has been eyeing a panel vote on the nominee later this month (see 2201070058), lobbyists said. Sohn told Commerce members in December her connection to Locast wouldn’t affect her views on broadcast issues and that she harbors “no biases” against the broadcasting industry (see 2112100067). Senate Commerce Democratic and GOP spokespeople didn’t comment.

Wicker demurred from talking about his intent in obtaining the Locast settlement or any pending call for a hearing on the matter. “I’m talking about one issue and one issue only this week, and that’s saving the Senate” from Democrats’ attempt to revamp filibuster rules, he told us. Wicker could use the confidential version of Locast’s settlement to highlight the extent to which Sohn was involved in its activities and whether there would be a conflict of interest in her participating in proceedings involving the broadcasters who sued the streaming service, lobbyists said. Locast co-operator David Goodfriend and lawyers for the service didn’t comment.

Senate Communications Subcommittee ranking member John Thune of South Dakota told us he wasn’t familiar with Wicker’s plans, but he and fellow Republicans would be likely to back a Locast-focused hearing. It “makes sense” to hold another hearing specifically on that issue because “it’s obviously a relevant subject that deals” with Sohn’s ability to be an unbiased arbiter of broadcast issues, Thune said. He and other Republicans have been talking since Commerce delayed a vote last month on Sohn about how to seek a full do-over of her confirmation process in 2022 (see 2112150069).

Commerce Chair Maria Cantwell, D-Wash., told us Thursday afternoon she hadn’t received a request from Wicker for a Locast-specific hearing and wasn’t aware before news leaked Wednesday about him obtaining the confidential settlement that he's going to amplify his focus on the issue. “I don’t know that we’re required to have another hearing, but I’m happy for people to answer questions” about the issue outside that process, Cantwell said. She told reporters Wednesday she “would very much like to” include Sohn in the Jan. 26 markup but hasn’t made a final decision.

Cantwell confirmed she and Sohn spoke before the Dec. 1 confirmation hearing about “issues that might come up” and “I think [Sohn] had a degree of flexibility of trying to address those issues.” There “are things she’s discussed with me, but we’ll see” if other lawmakers still have concerns that require additional remedies, Cantwell said. Shel hasn’t gotten a firm commitment from Sen. Kyrsten Sinema of Arizona, the only remaining committee Democrat who remains a holdout on Sohn. Sen. Jacky Rosen, D-Nev., declared her support last week after the nominee agreed to uphold all retransmission consent laws if confirmed to the FCC (see 2201050056).

Sohn’s supporters contend that both the Office of Government Ethics and the FCC’s Office of General Counsel have reviewed the Locast settlement and found no need for any additional case-specific recusals beyond what Sohn already committed to in an October OGE filing. NAB “continues to harbor serious concerns with” Sohn’s Locast role, the group said in a statement. “However, we remain confident that these concerns can be resolved with an appropriate recusal” (see 2111290060). The FCC and OGE didn't comment.

Wicker’s actions are “just an effort to ensure further delay” and keep the agency from having a fifth commissioner, said Public Knowledge Director-Government Affairs Greg Guice: Wicker’s office could have had a copy of the agreement weeks earlier but didn’t ask for it. Guice said it’s uncommon for nominees to be held over to the next session of Congress and even rarer for there to be a second Senate Commerce hearing, especially “over something that’s a non-issue."

“I’m not surprised” that Wicker would want an additional Sohn-related hearing on Locast or any other matter, said Free Press Vice President-Policy Matt Wood in an interview: “I hope [Commerce leaders] don’t entertain that idea, because to us it looks like nothing more than stall tactics.”