In New Questions, Sen Sinema Zeroes in on Sohn Recusal

Sen. Krysten Sinema (D-AZ)—widely seen as the key swing vote in the Biden administration’s quest to confirm Gigi Sohn as the fifth commissioner at the Federal Communications Commission—has finally (sort of) weighed in on Sohn’s promise to recuse herself from certain television broadcast copyright and retransmission issues. In questions for the record, which stemmed from Sohn’s unusual second confirmation hearing on Feb. 9 and were released on Feb 22, Sen Sinema—who did not attend the hearing—repeatedly asks Sohn about her recusal promise. “Will this recusal negatively impact the Commission’s ability to regulate in this industry?” Sen Sinema asked. The senator also pressed Sohn on why the nominee felt she didn’t need to recuse herself from regulation of other industries, in light of this specific recusal. (Other industries have clamored for their own recusals, suggesting it’s not fair that just one industry gets a pass). Given its limited scope, Sohn said, she does not believe her recusal will impact the FCC’s ability to regulate the broadcast industry. She also pushed back on Sinema’s implication that other industries may deserve their own recusal from Sohn’s regulatory and oversight authorities. “Those who are seeking such recusals are effectively saying that I should be recused from everything and anything I’ve ever advocated for or against,” Sohn wrote. “The result would be an FCC populated by members with no background in communications law and policy,” she added.