Padden Urges Senate to Confirm Sohn

 

Former TV broadcast industry lobbyist Preston Padden urged the Senate today to confirm Gigi Sohn as an FCC Commissioner, calling her “one of the most prepared and experienced nominees in the history of the FCC.”

 

“Many of my friends who represent established companies and their trade associations are trying to throw sand in the gears of Ms. Sohn’s confirmation. These are good and honorable people just doing their job as I did for decades. But the question before the Committee is not whether established industry companies agree with Ms. Sohn’s views. The question is whether she is qualified. The answer to that is an unequivocal ‘yes,’” Mr. Padden said in a letter to Senate Commerce, Science, and Transportation Committee Chair Maria Cantwell (D., Wash.) and ranking member Roger Wicker (R., Miss.).

 

“Ms. Sohn is one of the most prepared and experienced nominees in the history of the FCC. I have worked with, and against, her for more than 30 years. She knows the issues in front of the FCC better than almost anyone I know,” Mr. Padden added. “Ms. Sohn has been a particularly effective advocate for competition and new market entrants.”

 

“I would like to mention two specific issues that have been raised regarding Ms. Sohn’s nomination—Net Neutrality and Locast. Personally, I oppose Net Neutrality. I think the absence of any harm since the rules were repealed demonstrates that those rules were not necessary. But a Democrat FCC majority is almost certain to reimpose those rules regardless of the name of the third Democrat Commissioner. Therefore, the issue of Net Neutrality is not relevant to Ms. Sohn’s confirmation. The real answer to Net Neutrality is for this Committee to lead the Congress in finding a compromise statutory solution that will end the ‘ping-pong’ between Democrat and Republication FCC’s,” Mr. Padden argued.

 

“Regarding Locast, I am a copyright hardliner who agrees with the plaintiffs in the Locast case. But these are legitimate questions of copyright law about which reasonable people can, and do, disagree. Locast was the first company to test the nonprofit exemption to copyright law,” Mr. Padden said. He added that years ago, “highly respected entertainment and Internet entrepreneur Barry Diller backed a company called Aereo that launched a for-profit business nearly identical to Locast that also tested the bounds of the law. The resulting copyright litigation went all the way to the Supreme Court. My point simply is that being associated with Locast no more disqualifies Ms. Sohn from being confirmed for the FCC than being associated with Aereo would disqualify Mr. Diller.”

 

The Senate Commerce Committee last week removed Ms. Sohn’s nomination from the agenda for an executive session in the wake of an announcement that Sen. Ben Ray Luján (D., N.M.) was hospitalized after a stroke. It scheduled a second hearing on the nomination for Wednesday (TR Daily, Feb. 2). —Paul Kirby, paul.kirby@wolterskluwer.com

Media Post: Former Fox Exec Backs Biden’s Nominee For FCC
By Wendy Davis

The Senate Commerce Committee should “overwhelmingly” vote to confirm net neutrality advocate Gigi Sohn to the Federal Communications Commission, former industry lobbyist Preston Padden told the Senate Commerce Committee on Monday.

“The question before the Committee is not whether established industry companies agree with Ms. Sohn’s views,” Padden said in a letter sent to the committee. “The question is whether she is qualified. The answer to that is an unequivocal ‘yes.’”

“I hope the Committee finds a way to produce an overwhelming bi-partisan vote for her confirmation,” Padden, a former senior executive and lobbyist for Fox and ABC, wrote.

He added that Sohn is “one of the most prepared and experienced nominees in the history of the FCC,” and “has been a particularly effective advocate for competition and new market entrants.”

Padden’s letter comes two days before the Senate Commerce Committee plans to hold an unusual second hearing on Sohn’s nomination.

The FCC is currently deadlocked with two Republicans and two Democrats. Until a third commissioner is appointed, the agency is unlikely to advance Chair Jessica Rosenworcel’s goal of restoring the Obama-era net neutrality rules, which prohibited broadband carriers from blocking or throttling traffic and from charging higher fees for prioritized delivery.

President Joe Biden first nominated Sohn to the agency last year, then re-nominated her last month, due to the Senate’s failure to vote on her confirmation.

Sohn, currently a distinguished fellow at the Georgetown Law Institute for Technology Law & Policy, previously served as counselor to former FCC Chair Tom Wheeler, who led the agency during President Obama’s second term. She also co-founded the advocacy group Public Knowledge in 2001.

Padden says in his letter to lawmakers that even though he opposes net neutrality, an FCC with a majority of Democrats “is almost certain to reimpose those rules regardless of the name of the third Democrat Commissioner.”

“Therefore,” he writes, “the issue of net neutrality is not relevant to Ms. Sohn’s confirmation.”

Some Republicans have voiced opposition to Sohn because she has publicly criticized Fox News.

On October 28, 2020, while the Senate was holding a hearing about Facebook’s content moderation policies, she tweeted: “For all my concerns about #Facebook, I believe that Fox News has had the most negative impact on our democracy. It’s state-sponsored propaganda, with few if any opposing viewpoints. Where’s the hearing about that?”

The Wall Street Journal, which called attention to that tweet, suggested that Sohn would attempt to censor conservative media outlets.

But some prominent conservatives including Brad Blakeman (formerly a member ex-President George W. Bush’s senior White House staff) support Sohn’s nomination.

“Even when other liberals wanted to shut down conservative voices, Gigi stood up for free speech,” Blakeman wrote recently in Newsmax.

Sohn also has faced questions about her role on the board of streaming service Locast — which shuttered last year after a federal judge ruled the company infringed broadcasters’ copyrights.

At her hearing in December, Sohn said she thought she thought the service benefited viewers as well as local broadcasters.

Locast, created by the nonprofit Sports Fans Coalition NY, captured over-the-air broadcast signals and streamed them to people within specific geographic areas.

“I thought it was a good thing … for local broadcasters. And local broadcasters didn’t sue. The networks sued,” she said in response to questions from Senator Roy Blunt (R-Missouri). “I also thought it was good for viewers.”

Padden told lawmakers that he is a “copyright hardliner” and agrees with the plaintiffs that sued Locast, but said the case raised “legitimate questions of copyright law about which reasonable people can, and do, disagree.”

He also noted that entrepreneur Barry Diller had backed Aereo, a streaming company that also lost a lawsuit brought by broadcasters.

“Being associated with Locast no more disqualifies Ms. Sohn from being confirmed for the FCC than being associated with Aereo would disqualify Mr. Diller,” Padden wrote.***

—

February 7, 2022

The Honorable Maria Cantwell
Chairperson, Committee On Commerce, Science & Transportation United States Senate

The Honorable Roger Wicker
Ranking Member, Committee On Commerce, Science & Transportation United States Senate

Re: Nomination Of Gigi Sohn To The Federal Communications Commission

Gentlepersons:

I write in strong support of the nomination of Gigi Sohn to serve on the Federal Communications Commission. I respectfully request that this letter be entered into the record of the Commerce Committee’s February 9 hearing.

Presently retired, I held senior executive and advocacy positions at Disney/ABC and Newscorp/Murdoch. I have testified before the Commerce Committee many times (on one memorable occasion then Chairman McCain sent me crawling out of the room with my tail between my legs). Ranking Member Wicker’s request for this hearing and Chairperson Cantwell’s agreement with that request both are consistent with the long history of admirable bi-partisan comity on the committee.

Many of my friends who represent established companies and their trade associations are trying to throw sand in the gears of Ms. Sohn’s confirmation. These are good and honorable people just doing their job as I did for decades. But the question before the Committee is not whether established industry companies agree with Ms. Sohn’s views. The question is whether she is qualified. The answer to that is an unequivocal “yes”.

Ms. Sohn is one of the most prepared and experienced nominees in the history of the FCC. I have worked with, and against, her for more than 30 years. She knows the issues in front of the FCC better than almost anyone I know. Ms. Sohn has been a particularly effective advocate for competition and new market entrants. Even those sending unhelpful comments to the Committee acknowledge her expertise. For example, in his letter to the Committee my friend Michael Powell, CEO of NCTA, said, “She is a respected and accomplished public interest advocate”.

I would like to mention two specific issues that have been raised regarding Ms. Sohn’s nomination – Net Neutrality and Locast.

Personally, I oppose Net Neutrality. I think the absence of any harm since the rules were repealed demonstrates that those rules were not necessary. But a Democrat FCC majority is almost certain to reimpose those rules regardless of the name of the third Democrat Commissioner. Therefore, the issue of Net Neutrality is not relevant to Ms. Sohn’s confirmation. The real answer to Net Neutrality is for this Committee to lead the Congress in finding a compromise statutory solution that will end the “ping-pong” between Democrat and Republication FCC’s. But that is a longer conversation for another day.

Regarding Locast, I am a copyright hardliner who agrees with the plaintiffs in the Locast case. But these are legitimate questions of copyright law about which reasonable people can, and do, disagree. Locast was the first company to test the nonprofit exemption to copyright law. A few years ago, highly respected entertainment and Internet entrepreneur Barry Diller backed a company called Aereo that launched a for- profit business nearly identical to Locast that also tested the bounds of the law. The resulting copyright litigation went all the way to the Supreme Court. My point simply is that being associated with Locast no more disqualifies Ms. Sohn from being confirmed for the FCC than being associated with Aereo would disqualify Mr. Diller.

I do not have a vested commercial interest in this confirmation. I am someone who has battled Ms. Sohn at times and worked with her at other times. Hers is an important voice that belongs at the FCC. I hope the Committee finds a way to produce an overwhelming bi-partisan vote for her confirmation.

Very truly yours,

Preston Padden 202-329-4750 

Ppadden@mac.com

CC: All Members Of The Committee