Sohn Agrees to Temporary Recusals on Retrans, Broadcast Copyright

Democratic FCC nominee Gigi Sohn told the agency Thursday she will, if confirmed, recuse herself during the first three years of her term “from any proceeding before the Commission where retransmission consent or television broadcast copyright is a material issue.” Sohn’s pledge appears to be the result of negotiations with Senate Commerce Committee leaders aimed at securing support from all 14 Democrats ahead of a planned Feb. 2 panel vote to advance her nomination to the full chamber, lobbyists told us. Some panel Republicans had been pressing for concessions from Sohn over ethics concerns about her role as a board member for Locast operator Sports Fans Coalition.

“While I am not required by my” Oct. 26 ethics agreement “to recuse myself from that docket or from any other matter where retransmission consent or television broadcast copyright is a material issue in the Commission’s disposition of a proceeding, to avoid any appearance of impropriety and in interest of ensuring that the public has full confidence that policymakers will make decisions free of bias, I voluntarily agree” to the temporary recusal on retrans and broadcast copyright matters, Sohn wrote acting FCC General Counsel Michele Ellison.

Sohn also pledged to recuse herself for the first four years of her term from participating in docket 10-71, citing her role as Public Knowledge head in 2010 when that group and 13 others petitioned the FCC in the docket to change how it handles retranS disputes. Sohn cautioned that her recusals don’t extend to not participating in the Telecom Act Section 202 rulemaking “or any other proceeding involving the Commission’s media ownership rules or any assignment or transfer of control of broadcast, cable, and satellite companies.”

Sohn had no comment Thursday. Senate Commerce didn't immediately comment.