Uncertainty about the prospects for congressional leaders to break a Senate impasse on the length of a new short-term extension of the FCC’s spectrum auction authority led lawmakers and industry officials to renew warnings, during a Tuesday Incompas event and in interviews, about the potential consequences if Capitol Hill allows the commission’s current mandate to expire as scheduled Thursday. Senators have been grappling with whether to accept a House-passed bill that would renew the FCC’s remit through May 19 (HR-1108) to give lawmakers more time to negotiate a broader spectrum legislative package (see 2302240066). Senate Majority Leader Chuck Schumer, D-N.Y., implied Monday there wasn’t a deal then (see 2303060071).
Sen. Mike Rounds, R-S.D., told us he plans a Senate floor showdown tonight to pass by unanimous consent his bill to lengthen a new extension of the FCC's spectrum auction authority to last through Sept. 30 (S-650). That's instead of accepting a House-passed plan to renew it until May 19 (HR-1108). Rounds' push may lead to the FCC's mandate expiring altogether Thursday, given he firmly opposes passing HR-1108 by UC and Hill leaders don't back his proposal, lawmakers and lobbyists said in interviews. The Senate can pass legislation by UC only if no senator objects.
The White House withdrew Gigi Sohn’s FCC nomination from Senate consideration Tuesday at her request, ending what had become an often fractious year-plus confirmation process that involved President Joe Biden naming her three times (see 2301030026). Sohn’s announcement followed shortly after Sen. Joe Manchin of West Virginia announced he'd be the first Senate Democrat to formally oppose her confirmation, but the former nominee and her supporters confirmed she reached her decision Monday. Sohn’s supporters grieved her withdrawal and strongly criticized her opponents inside and outside the communications sector for engaging in an unprecedented campaign of character assassination.
FCC nominee Gigi Sohn confirmed Tuesday she asked the White House to withdraw her from Senate consideration following an often fractious year-plus confirmation process that involved President Joe Biden naming her three times. Sohn's request for Biden to withdraw her nomination came "last night," before Sen. Joe Manchin of West Virginia became the first Democrat to formally oppose her confirmation.
Senate Commerce Committee leaders are still eyeing a vote on FCC nominee Gigi Sohn during mid-to-late March, but the situation remains in doubt amid questions about whether undecided panel Democrats Jacky Rosen of Nevada and Jon Tester of Montana will reach a decision on backing the embattled nominee, said lawmakers and others in interviews. Other Commerce Democrats remain strongly supportive of Sohn and believe she effectively countered GOP criticism during her Feb. 14 confirmation hearing (see 2302140077). Sohn’s Capitol Hill supporters believe it’s important that Senate Commerce swiftly advance her out of the committee, with some arguing any further delay could lead to her confirmation process stalling again as it did in 2021 and 2022 (see 2212300044).
Senate Commerce Committee leaders now plan to support a House-backed proposal to extend the FCC’s spectrum auction authority through May 19, panel Chair Maria Cantwell, D-Wash., told us Wednesday. The House passed its temporary reauthorization bill (HR-1108) Monday, but Cantwell and Senate Commerce ranking member Ted Cruz, R-Texas, weren’t at that point certain whether they would back another renewal of just over two months. “Everybody seems to be cool” now about renewing the remit through May 19, Cantwell said: “I didn’t know” earlier in the week “if everyone had gotten comfortable with that exact date,” but that now seems to be the case. Sen. Mike Rounds, R-S.D., remains a wild card in any bid for Senate concurrence with HR-1108 because he’s eyeing filing a bill that would instead reauthorize the FCC’s mandate until the end of FY 2023, the night of Sept. 30. Congress in December agreed to extend the auction authority through March 9 after a bid to attach a bipartisan spectrum measure to the FY23 omnibus appropriations package fell through (see 2212190069).
Senate Communications Subcommittee ranking member John Thune, R-S.D., labeled FCC nominee Gigi Sohn Wednesday as potentially “the poster child for terrible presidential nominees,” citing what he considers deficiencies in her “character and fitness” for serving on the commission and her record as “a virulent and unapologetic partisan.” Public Knowledge and others sought to tie News Corp. to what they view as a smear campaign against Sohn. They cited News Corp. Executive Chairman Rupert Murdoch’s acknowledgment in a recently released court deposition that several Fox News hosts spread disinformation about voter fraud after the 2020 presidential election.
An extension of the FCC's auction authority through May 19 isn't yet assured amid hopes for a slightly longer renewal to give lawmakers even more time to negotiate a broader spectrum legislative package, several senators said in interviews Monday and Tuesday. The House passed its bill to temporarily reauthorize the FCC's mandate (HR-1108) Monday on a voice vote. Lawmakers have been wary about the current March 9 expiration of the FCC's remit due to the slow pace of legislative talks since this Congress returned Jan. 3 (see 2302220063).
Another short-term extension of the FCC’s auction authority is the likeliest scenario amid a slow return to negotiations on a broader spectrum legislative package earlier this month and dwindling time left before the commission’s current mandate expires, lawmakers and other observers said in interviews. President Joe Biden signed off in December on a renewal of the FCC’s auction remit through March 9 that Congress enacted as part of the FY 2023 appropriations omnibus package after a deal to attach spectrum legislative language to the measure fell through at the last minute (see 2212300046).
Senate Commerce Aviation Subcommittee Chair Tammy Duckworth, D-Ill., criticized the FAA and FCC during a Wednesday hearing about their coordinated work to prevent commercial 5G operations on the C band from interfering with airplanes’ radio altimeters. Duckworth cited a push last week by Airlines for America for the FAA to delay until June 2024 its proposed deadline for passenger and cargo aircraft in the U.S. to have C-band-tolerant radio altimeters or install approved filters. The FAA last month proposed an early 2024 deadline for the tech upgrades (see 2301100060).