Net Neutrality

Yesterday, Axios published an article detailing how the clock is running out for the Senate to confirm Gigi Sohn, President Biden’s nominee to be a commissioner of the Federal Communications Commission. President Biden nominated Ms. Sohn over six months ago and the vacancy has been open for over a year, keeping the FCC deadlocked in a 2-2 split. A deadlocked FCC is unable to fully address broadband affordability or move forward on a host of other communications reforms vital to our democracy.

Former acting FCC chairman and Common Cause special adviser Michael Copps was on the same page when it came to Sohn being a key piece in the broadband connectivity puzzle. “[N]one of the White House’s initiatives around halting ongoing consolidation in the broadband sector, restoring a free and open internet, and ensuring marginalized communities have equitable access to communications services can be fully achieved if the FCC remains deadlocked,” he said in a statement following the event. “Congress must take action now to ensure Ms. Sohn receives a vote,” Copps said.  Copps said those gatekeepers were conducting a “sleazy” campaign to undermine Sohn because they knew that “a functional FCC would hold them accountable and prevent them from engaging in anticompetitive and discriminatory practices that undermine our ability to get online.”

On May 9th, the White House held an event on broadband affordability, highlighting new service plans that numerous internet service providers will offer as part of their participation in the Federal Communications Commission’s Affordable Connectivity Program. The program helps ensure low-income households can afford broadband connectivity. The White House’s latest event on broadband affordability signals the need for Gigi Sohn, President Biden’s nominee to serve as FCC commissioner, to receive a vote in the United States Senate. President Biden nominated Ms. Sohn over five months ago and the vacancy has been open for over a year, keeping the FCC deadlocked in a 2-2 split. A deadlocked FCC is unable to fully address broadband affordability or move forward on a host of other communications reforms vital to our democracy.

“I can generally say that there’s certainly the potential for influence from industry giving money to legislators,” said Yosef Getachew, director of the Media and Democracy Program at Common Cause. ... Getachew noted that the implications of privacy laws extend well past traditional technology companies. “A lot of the telecom companies have engaged in certain data practices that implicate them and privacy bills, and a lot of telecom companies are working businesses outside of the traditional telecom model,” said Getachew. “So for example, take Comcast — they provide a cable service, broadband service and mobile service. They are potentially using all those data points interchangeably to build profiles and learn more about the customer base.”

Today, the Court of Appeals for the Ninth Circuit issued an opinion upholding California’s net neutrality law. The opinion specifically affirmed state authority to protect internet users. Common Cause California played an active role in supporting the state’s net neutrality law and ensuring its passage.

“It was a long and winding road for Jessica Rosenworcel, but she stayed the course and good sense has now finally prevailed with today’s Senate vote," said Common Cause special advisor Michael Copps, himself a former acting FCC chairman and Rosenworcel's former boss when she was on his FCC staff. "Jessica faces a daunting agenda as chair but she has the experience and dedication to make historic progress leading the FCC. Past commission mistakes must be corrected and new trails blazed to provide our country with the communications ecosystem our democracy so clearly must have." Copps also put in a plug for confirming a third Democrat to the commission so Rosenworcel has a majority. "Needed now is a fifth commissioner, so that a full FCC can get on with its important mandate of protecting the public interest.”