FCC
Senate Committee OK’s Rosenworcel, Questions Sohn on Mapping, Net Neutrality, Broadband Standards
Gigi Sohn explained her positions on issues facing the FCC.

WASHINGTON, December 1, 2021 – As the Senate Commerce, Science and Transportation Committee confirmed Jessica Rosenworcel as commissioner of the Federal Communications Commission, it also questioned Wednesday agency nominee Gigi Sohn on issues including net neutrality, broadband mapping, and speeds.
Rosenworcel is already chairwoman of the FCC by virtue of being named to the position by President Joe Biden. The president picks the chair of the agency from among the commissioners. However, Rosenworcel’s term as commissioner is to expire unless the Senate confirms her appointment to another term.
The committee on Wednesday also approved Alvaro Bedoya, a staunch privacy advocate, as commissioner of the Federal Trade Commission and had rounds at questioning Alan Davidson, who was nominated as head of the National Telecommunications and Information Administration, which will oversee $42.5 billion in broadband funds from the recently signed Infrastructure Investment and Jobs Act.
On mapping, Sohn called for a “crowdsourcing” effort amongst states to improve the quality of broadband mapping, as the agency has started to do. “A lot of states have maps already and they are quite accurate,” she said. Though she could not commit to a timeline, Sohn said that there could be no “good policy without good maps” and that if she were confirmed, she would dedicate herself to improve the FCC’s broadband maps.
Sohn also voiced her support for municipal broadband. “I have supported municipal broadband for a very long time,” she said, adding she supports open access models that allow service providers to share the same network. Sohn pointed to Utah as an example, where the model has been implemented successfully. She stated that the model has led to “enormous competition” for service providers.
When pressed as to whether the FCC should be able to preempt states and dictate how they implement their broadband policy, Sohn said she would like the FCC to have a better relationship with states. “If I am confirmed, one of the things I would ask the chairwoman [to use me as] a liaison to the states, because I’ve really formed very good relationships with them,” she said. “In the past, we have not [reached out] to the states and made them partners. We have been more adversarial.”
Net neutrality, broadband standards and Big Tech
Sohn also came out in support of net neutrality. “What I am concerned about now, with the repeal in 2017 of the net neutrality rules and the reclassification of broadband, is that we have no touch,” she said. “[Net neutrality] is really much broader than [preventing] blocking and throttling. It is about whether or not bandwidth – which we all agree is an essential service – should have government oversight, and right now, it does not.”
Legislators also questioned Sohn on her perspectives regarding broadband standards. Sen. Mike Lee, R-Utah, asked Sohn what standard – whether it was 100 Mbps download with 20 Mbps upload, or 100 Mbps symmetrical service – would bridge the digital divide. Sohn stated that it would take more than just the deployment of infrastructure to bridge the digital divide.
“I have urged that Congress adopt a permanent broadband subsidy like the Affordable Connectivity Program – which is more money but is not permanent,” Sohn said. “You still always have the adoption problem as well, where people do not have the digital literacy, sometimes not even [actual] literacy, to be able to use the internet.”
Insofar that capacity and internet speeds are concerned, Sohn emphasized that the Infrastructure Investment Jobs Act “does prefer scalable networks to meet the needs of tomorrow.”
“What we do not want, I would think – or I would not want – is to come back in five or ten years and say, ‘Oh, my goodness! We spent all this money, and we still have slow networks, and we still have areas that are not served,” she said. “The ability to have technologies that can grow over time.” Sohn stopped short of explicitly listing specific scalable technologies.
On Big Tech, Sen. Ted Cruz, R-Texas, described “a confluence of liberals advocating for censoring anyone with whom they disagree,” and a situation where “big tech [is] eagerly taking up the mantle to censor those with whom they disagree.” Cruz asked Sohn how she could guarantee she would not “use the power of government to silence.”
Sohn said that she would “make that commitment” to not act in such a way and added that she would “take any allegations of bias extremely seriously.” She said that she will continue to work with the Office of Government Ethics to dissuade any concerns people may have about her biases.
A date for a vote on Sohn and Davidson’s nominations has not yet been scheduled.
FCC
Carrier Association Requests Reconsideration of FCC Decision on 911 Outage Notification
The CCA says the FCC order creates burdens on call providers and 911 special facilities.

WASHINGTON, March 21, 2023 – The Competitive Carriers Association is asking the Federal Communications Commission to reconsider a November decision requiring carriers to provide certain network outage notifications within 30 minutes.
The FCC order mandates that originating call providers notify 911 special facilities – such as emergency call centers called public safety answering points – of outages “no later than within 30 minutes of when the outage that potentially affects 911 service is discovered.” The order also required those providers to keep up-to-date contact information for those special facilities in areas they serve.
In a petition on Friday, the CCA is asking for the FCC to review and implement flexibility in that timing. “The significant new requirements that the Commission has imposed on carriers…are likely to be burdensome and counter-productive not only for carriers, but also 911 special facilities,” the CCA said in its application, though it continues to encourage the commission to retain the “as soon as possible” requirement.
“At a minimum, however, the Commission should start the 30-minute timer (and subsequent timers) when actual originating service provider…notification occurs from its vendor or other underlying provider,” the CCA said, adding even then carriers “would face significant difficulty assessing the outage, identifying the appropriate” public safety answering points to notify, and making the required notifications within 30 minutes.
“Therefore, it would be appropriate to deem [originating call providers] compliant if they begin notifying affected PSAPs that an outage exists within the 30- minute timeframe, and continue to notify any PSAPs that the OSPs could not reach before the expiration of the 30-minutes,” the industry association added.
The association said the problem with the decision is it doesn’t account for the “practical difficulty (if not impossibility)” of getting a vendor notification, determining which of the thousands of answering points may be affected by the outage, and making the required notification in that timeframe. It said carriers frequently don’t get outage notifications from 911 solution vendors within 30 minutes.
“The unnecessarily rigid approach in the [order] will often make compliance an impossibility, and otherwise will require carriers to spend critical time and resources on notifications to PSAPs that are not affected by outages, and will subject PSAPs to frequent notifications regarding outages that do not affect them, with limited actionable information given the short deadline,” the CCA added.
The CCA is also requesting that the commission create and maintain a centralized database with information provided by the 911 special facilities. It notes that the FCC order fails to fully take into consideration the burden its approach will place on carriers, especially smaller ones with limited resources, and PSAPs, who are “likely to experience a recurring deluge of requests for updated contact information from numerous carriers subject to this amorphous standard.”

WASHINGTON, March 7, 2023 – The nominee for the fifth commissioner to the Federal Communications Commission withdrew her candidacy in a statement Tuesday, blaming “dark money political groups” for tainting her career.
“Unfortunately, the American people are the real losers here,” Gigi Sohn said in the statement. “The FCC deadlock, now over two years long, will remain so for a long time. As someone who has advocated for my entire career for affordable, accessible broadband for every American, it is ironic that the 2-2 FCC will remain sidelined at the most consequential opportunity for broadband in our lifetimes.”
Just last month, Sohn appeared before the Senate commerce committee for a third time and was lambasted by Republican members as an impartial nominee who has made controversial public statements on race and policing and who alleged gave money to members of the committee while being a nominee.
“When I accepted his nomination over sixteen months ago, I could not have imagined that legions of cable and media industry lobbyists, their bought-and-paid-for surrogates, and dark money political groups with bottomless pockets would distort my over 30-year history as a consumer advocate into an absurd caricature of blatant lies,” Sohn’s statement said. “The unrelenting, dishonest and cruel attacks on my character and my career as an advocate for the public interest have taken an enormous toll on me and my family.”
She appealed to the committee to hurry her to the Senate floor for votes so she can get to work on the FCC’s broadband availability map. She said in her statement that her withdrawal also means the commission won’t have the majority to adopt rules on nondiscriminatory access to broadband and to fix the Universal Service Fund programs.
Sohn was nominated for a second time by President Joe Biden in January.
“I hope the President swiftly nominates an individual who puts the American people first over all other interests,” she added in the statement. “The country deserves nothing less.”
Broadband Mapping & Data
General Agreement on Broadband Label, But Not on Additional Disclosure Requirements
The FCC is considering additional requirements, but that could be burdensome for small providers.

WASHINGTON, February 15, 2023 — As the comment deadline approaches for the Federal Communications Commission’s broadband “nutrition label” rule, industry experts are largely supportive of the measure, although some disagree over whether the requirements go too far or not far enough.
The FCC is currently considering whether to add additional requirements — such as cybersecurity data and more comprehensive pricing information about bundled plans — to the labels, which were mandated in November and require that providers list performance metrics, cost and other facts to inform purchasers at all points of sale. Other proposed measures aim to improve accessibility by requiring non-English translations, as well as Braille or a QR code with a tactile indicator. The comment deadline is Thursday.
Further requirements could have negative impacts on both consumers and providers, argued Farhan Chughtai, senior policy counsel at broadband consulting company JSI, at a Feb. 6 Federal Communications Bar Association event.
“You don’t want to make the labels too difficult—that’s going to lead to more consumer confusion,” Chughtai said. He pointed to metrics such as network management, network reliability and cybersecurity as topics that might be “too nuanced” for the labels.
Overly complicated labels risk being treated like terms of service agreements, where many users just skip through them, Chughtai said. “Let’s focus on speed, latency, monthly usage.”
Additional requirements would place a disproportionate burden on smaller, rural providers, he added.
Chughtai also pointed to the “point of sale” disclosure requirements as a potential barrier for small providers.
“For some of the larger providers, that documentation can be automated,” he said. “But when you’re talking about a small carrier in Kentucky that has two or three people that are working, that type of communication… could be troublesome. So again, I think that the commission did strike a good balance, but when it comes to implementation, I think there’s ways to continue to refine this.”
Diana Eisner, vice president of policy and advocacy at industry association USTelecom, agreed with Chughtai, adding that both small and large providers “agree that this point of sale documentation is problematic.”
The FCC should work with industry and consumer groups to continuously fine-tune the label requirements, Chughtai said.
Debate on current version of label
“I think the commission really struck the right balance largely of making sure that consumers can see the information in a snapshot—they’re not overloaded with irrelevant information,” Eisner said.
Consumer advocates are generally excited about the label, said Jonathan Schwantes, senior policy counsel at Consumer Reports. “I think the commission gets it mostly right,” he said.
However, Schwantes voiced concerns about the label’s scope, saying that they were intended to educate consumers in addition to serving as a comparison shopping tool.
“I’m concerned that existing consumers may never see the label unless you’re moving or you decide to change or maybe if you’re lucky enough to have a competing provider,” he said. “Based on the [FCC’s Communications Marketplace] report that came out right at the end of last year, there are still many millions of Americans who only have one choice of broadband provider.”
Schwantes noted that he and several other consumer groups attempted to address this issue by advocating for the labels’ inclusion on monthly service bills, but such a requirement failed to make it into the FCC’s mandate.
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