Today’s political arena tolerates hypocrisies with a greater degree of acceptance than many would like, though the public absolutely draws a line at shady backroom deal-making.
This is why we ought to be aghast at the process surrounding Gigi Sohn’s nomination to the FCC. Recently, Sohn announced that, if confirmed, she would recuse herself for several years on matters related to retransmission consent or television broadcast copyright. These issues are of great importance to FCC and to broadcasters, and broadcasters were worried about Sohn’s record on them.
Sohn had been in hot water about these matters since late 2021. In November of 2021, the National Association of Broadcasters expressed that while they did “not currently oppose the nomination of Gigi Sohn, we have serious concerns about her involvement as one of three directors of the illegal streaming service Locast.” That streaming service had essentially fleeced the broadcasters by illegally streaming their content for free. Sohn was a board member and supported the activity.
Thereafter, Sohn’s nomination hit choppy waters, and suddenly, she couldn’t be on the wrong side of the broadcasters anymore. Thus, her recent gambit: Recusing herself from big issues pertaining to broadcasters.
Her recent bending-of-the-knee led to this: “NAB appreciates Ms. Sohn’s willingness to seriously consider our issues regarding retransmission consent and broadcast copyright, and to address those concerns in her recusal. We look forward to the Senate moving forward with Ms. Sohn’s confirmation and are eager to work with her and the full complement of commissioners in the very near future.”
From “serious concerns” to “eager”—welcome to rank regulatory corruption in 2022. Here is the bottom line: An embattled nominee for a regulatory position just announced that she would not regulate so that she could comfortably earn her regulatory posting. There is a fitting Latin expression for this, one that doesn’t wear well in the halls of Congress: A quid pro quo.
To put it bluntly, Sohn’s job as an FCC Commissioner would be to regulate the broadcast industry. And yet, at a moment of maximum peril for her nomination, she promised the broadcast industry that she’d be hands-off for a few years.
Set aside the flagrantly unethical nature of this. Consider a more practical problem with Sohn recusing herself on retransmission and copyright issues, a conundrum best articulated by the Wall Street Journal: “These subjects consume a large share of the FCC’s regulatory bandwidth, which means the agency could be deadlocked for good or ill on many issues.”
The decision to press ahead with Sohn’s nomination is a galling dereliction of duty. There are issues of real concern including media ownership, retransmission, and broadcast copyrights that require a fully operational Commission. By giving up her ability to regulate broadcasters on these issues, Sohn has neutered her own position—even before she’s been confirmed. And because she’d have to refrain from voting on these matters, she’s also neutered the FCC.
This is unacceptable. There were already questions swirling about Sohn’s backroom wheeling-and-dealing and her questionable record on minority media ownership, among other worries. But this quid pro quo is simply the last straw. Congress cannot and should not move forward with a nominee for a regulatory position who has abdicated all regulatory authority.
There are certainly other qualified nominees for the FCC post. Perhaps most importantly, any new candidates shouldn’t campaign for the job by saying they won’t do the job. This FCC Commission seat should be filled by a regulator who can actually regulate.