[Senate Hearing 117-722]
[From the U.S. Government Publishing Office]




                                                        S. Hrg. 117-722

                           NOMINATION TO THE
                   FEDERAL COMMUNICATIONS COMMISSION
                     AND THE DEPARTMENT OF COMMERCE

=======================================================================

                                HEARING

                               before the

                         COMMITTEE ON COMMERCE,
                      SCIENCE, AND TRANSPORTATION
                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION

                               __________

                            DECEMBER 1, 2021

                               __________

    Printed for the use of the Committee on Commerce, Science, and 
                             Transportation





                 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]






                Available online: http://www.govinfo.gov

                               ______
                                 

                 U.S. GOVERNMENT PUBLISHING OFFICE

53-135 PDF                WASHINGTON : 2023












       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION

                   MARIA CANTWELL, Washington, Chair

AMY KLOBUCHAR, Minnesota             ROGER WICKER, Mississippi, Ranking
RICHARD BLUMENTHAL, Connecticut      JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii                 ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts         TED CRUZ, Texas
GARY PETERS, Michigan                DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin             JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois            DAN SULLIVAN, Alaska
JON TESTER, Montana                  MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona              TODD YOUNG, Indiana
JACKY ROSEN, Nevada                  MIKE LEE, Utah
BEN RAY LUJAN, New Mexico            RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado          SHELLEY MOORE CAPITO, West 
RAPHAEL WARNOCK, Georgia                 Virginia
                                     RICK SCOTT, Florida
                                     CYNTHIA LUMMIS, Wyoming

                 Melissa Porter, Deputy Staff Director
       George Greenwell, Policy Coordinator and Security Manager
                 John Keast, Republican Staff Director
            Crystal Tully, Republican Deputy Staff Director
                      Steven Wall, General Counsel









                            C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on December 1, 2021.................................     1
Statement of Senator Cantwell....................................     1
Statement of Senator Wicker......................................     3
Statement of Senator Blumenthal..................................    63
Statement of Senator Blunt.......................................    65
Statement of Senator Schatz......................................    66
Statement of Senator Fischer.....................................    68
Statement of Senator Klobuchar...................................    70
    Letter dated November 30, 2021 in support of Gigi Sohn to 
      Hon. Maria Cantwell and Hon. Roger Wicker from Gary 
      Shapiro, President and CEO, Consumer Technology Association    71
Statement of Senator Moran.......................................    72
Statement of Senator Markey......................................    75
Statement of Senator Blackburn...................................    77
Statement of Senator Peters......................................    79
Statement of Senator Sullivan....................................    80
Statement of Senator Baldwin.....................................    83
Statement of Senator Young.......................................    84
Statement of Senator Hickenlooper................................    86
Statement of Senator Lee.........................................    88
Statement of Senator Rosen.......................................    90
Statement of Senator Capito......................................    92
Statement of Senator Lujan.......................................    93
Statement of Senator Cruz........................................    95
Statement of Senator Sinema......................................    97

                               Witnesses

Gigi B. Sohn, Nominee to be a Commissioner, Federal 
  Communications Commission......................................     4
    Prepared statement...........................................     5
    Biographical information.....................................     6
Jed David Kolko, Nominee to be Under Secretary of Commerce for 
  Economic Affairs, Department of Commerce.......................    27
    Prepared statement...........................................    28
    Biographical information.....................................    29
Alan B. Davidson, Nominee to be Assistant Secretary of Commerce 
  for Communications and Information, Department of Commerce.....    38
    Prepared statement...........................................    39
    Biographical information.....................................    40
Viquar Ahmad, Nominee to be Assistant Secretary of Administration 
  and Chief Financial Officer, Department of Commerce............    50
    Prepared statement...........................................    51
    Biographical information.....................................    52

                                Appendix

Statement of support entitled, ``Gigi Sohn for A Proactive-
  Focused Federal Communications Commissioner''..................   101
Statement of support for Gigi Sohn from Christopher Ruddy, CEO, 
  Newsmax........................................................   102
Statement of support for Gigi Sohn from Byron Allen, Media 
  Entrepreneur, Big 4............................................   102
Support letter for Gigi Sohn dated Nov. 2, 2021 to Hon. Maria 
  Cantwell, Hon. Roger Wicker, Hon. Ben Ray Lujan, Hon. John 
  Thune from Holly Borgmann, Vice President, Government Affairs, 
  ADT Security Services..........................................   103
Support letter for Gigi Sohn dated November 4, 2021 to Hon. Roy 
  Blunt from Carson Coffman, President, Socket...................   103
Support letter for Gigi Sohn dated November 8, 2021 to Hon. 
  Cynthia Lummis from Brian Worthen, CEO, Visionary Broadband....   104
Support letter for Gigi Sohn dated Nov. 10, 2021 to Hon. Maria 
  Cantwell and Hon. Roger Wicker from members of Broadband 
  Connects America (BCA).........................................   104
Support letter for Gigi Sohn dated November 11, 2021 to Hon. 
  Maria Cantwell and Hon. Roger Wicker from Carri Bennet, General 
  Counsel, Stephen Sharbaugh, Legislative and Policy Analyst, 
  Rural Wireless Association, Inc................................   106
Support letter for Gigi Sohn dated November 12, 2021 to Senator 
  Lisa Murkowski, Senator Pat Toomey, Senator Mitt Romney, 
  Senator Rob Portman, Senator Susan Collins, Senator John 
  Boozman, Senator Tommy Tuberville, and Senator John Kennedy 
  from Bob Knight, Commissioner & Co-Chair, Public Officials 
  Committee, Fiber Broadband Association.........................   107
Support letter for Gigi Sohn dated November 15, 2021 to Hon. 
  Maria Cantwell and Hon. Roger Wicker from Dan Mauer, Director 
  of Government Affairs, Communications Workers of America (CWA).   108
Support letter for Gigi Sohn dated November 15, 2021 to Hon. 
  Maria Cantwell and Hon. Roger Wicker from the Schools, Health & 
  Libraries Broadband (SHLB) Coalition, the National Digital 
  Inclusion Alliance (NDIA) and undersigned organizations........   109
Support letter for Gigi Sohn dated November 16, 2021 to Hon. 
  Maria Cantwell and Hon. Roger Wicker from the The Leadership 
  Conference on Civil and Human Rights...........................   111
Support letter for Gigi Sohn dated November 17, 2021 to Senators 
  Sinema and Kelly from Cat's in the Cradle New Life Sanctuary, 
  Common Sense, Gila River Telecommunications, Inc., LISC 
  Phoenix, Native Public Media, NTEN, Red Rock Mountain Studios 
  LLC, Rural Arizona Action, Swinging Sixties Productions, 
  Terabyte Media LLC.............................................   113
Support letter for Gigi Sohn dated November 22, 2021 to Hon. 
  Jerry Moran from Daniel Friesen, Managing Partner & Chief 
  Innovation Officer, IdeaTek....................................   114
Support letter for Gigi Sohn dated November 23, 2021 to Hon. 
  Maria Cantwell and Hon. Roger Wicker from Matthew Schruers, 
  President, CCA; Gary Bolton, President & CEO, Fiber Broadband 
  Association; and Chip Pickering, CEO, INCOMPAS.................   114
Support letter for Gigi Sohn dated November 29, 2021 to Hon. 
  Maria Cantwell and Hon. Roger Wicker from Hilda Gay Legg--
  Former USDA Rural Development State Director for Kentucky and 
  the Former Administrator for RUS; Chad Rupe--managing member of 
  Rural Strategies LLC; Chip Pickering--CEO of INCOMPAS, Former 
  Republican Congressman from Mississippi; Daniel Linville--West 
  Virginia House of Delegates, Chairman of the Committee on 
  Technology and Infrastructure; and Judson Hill--Former 
  Republican Georgia State Senator...............................   115
Support letter for Gigi Sohn dated November 30, 2021 to Hon. 
  Maria Cantwell and Hon. Roger Wicker from Lou Fiore, Chairman, 
  Alarm Industry Communications Committee........................   116
Statement of support for Gigi Sohn dated November 30, 2021 from 
  Chris Nussman, NENA News.......................................   116
Support letter for Gigi Sohn dated November 30, 2021 to Hon. 
  Chuck Schumer, Hon. Mitch McConnell, Hon. Maria Cantwell and 
  Hon. Roger Wicker from: 18 Million Rising, Access Humboldt, 
  Akaku Maui Community Media, Alliance for Community Media, 
  American Library Association, Appalshop Community Media 
  Initiative, Benton Institute for Broadband & Society, Branford 
  Community Television, California Center for Rural Policy, 
  California Clean Money Campaign, Capital Community Media, CATS 
  Community Access Television Services, Center for Accessible 
  Technology, Center for Democracy & Technology, City of New 
  Bedford Cable Access--New Bedford, MA, Color Of Change, Common 
  Sense, Communications Workers of America, Communities Closing 
  the Urban Digital Divide, Community Media Access Collaborative, 
  Decode Democracy, Demand Progress Education Fund, Democracy for 
  America, Derry Community Access Media, Duluth Public Access 
  Community Television, Electronic Frontier Foundation, Engine, 
  FC Public Media, Fight for the Future, Free Press Action, 
  Friends of the Earth, Granby Community Access and Media, Inc., 
  The Greenlining Institute, Greenpeace USA, Hawaii Consumers, 
  Illinois for Educational Equity, Indivisible Sacramento, 
  Institute for Local Self-Reliance, Libraries Without Borders 
  U.S., Local TV, inc, Lynn Community Television, Massachusetts 
  Community Media dba MassAccess, Media Alliance, Media, 
  Inequality & Change Center, MediaJustice, Melrose Massachusetts 
  Television, Movement Alliance Project, Mozilla Foundation, 
  National Association of the Deaf, National Consumers League, 
  Native Public Media, Newark for Educational Equity & Diversity, 
  The New Hampshire Coalition for Community Media, North Shore 
  TV, NTEN, OD Action, The OMNI Centre for Public Media, Inc., 
  OMNI Productions, Open MIC (Open Media and Information 
  Companies Initiative), Open Technology Institute, OpenMedia, 
  Orion Neighborhood Television (ONTV), The Other 98%, Our 
  Revolution, PhillyCAM, Presente.org, Progress America, Public 
  Knowledge, Revolving Door Project, RootsAction.org, Salem 
  Community Television, Salem NH, Salina Media Connection; 
  Community Access TV of Salina, Inc., San Diego Futures 
  Foundation, Tahoe Truckee Media, Telecommunications for the 
  Deaf and Hard of Hearing, Inc. (TDI), TURN--The Utility Reform 
  Network, United Church of Christ Media Justice Ministry, Valley 
  Shore Community Television Inc., Western New York Library 
  Resources Council, Winchester Community Access & Media, Inc., 
  Writers Guild of America West, X-Lab...........................   117
Support letter for Gigi Sohn dated December 6, 2021 to Hon. Chuck 
  Schumer and Hon. Mitch McConnell from Douglas Denney, VP Legal 
  & Regulatory, Allstream; Chris Levendos, Executive Vice 
  President and Chief Operating Officer--Fiber, Crown Castle; 
  Jeff Blum, Senior Vice President, Public Policy and Government 
  Affairs, DISH; Gregory A. Aymar, Chief Executive Officer, 
  FiberComm; Kurt Van Wagenen, President and Chief Executive 
  Officer, FirstLight Fiber; Gary Watts, Chief Executive Officer, 
  Fuse; Michael B. Galvin, EVP & General Counsel, Granite 
  Communications, LLC; Fletcher Kittredge, Chief Executive 
  Officer, GWI; Edward E. Hilliary, Jr., Managing Partner, 
  Hilliary Communications, LLC; Jerrod Reimer, President and CEO, 
  IdeaTek; Edward J. O'Hara, Chief Executive Officer, 
  Inteliquent; Andoni Economou, Chief Operating Officer, MetTel; 
  Dane Jasper, Chief Executive Officer, Sonic Telecom; Rebecca H. 
  Sommi, VP Vendor Management, Specrotel Holding Company LLC; 
  Chet Kanojia, Chief Officer, Starry, Inc; Joshua Broder, Chief 
  Executive Officer, Tilson; Kenny Gunderman, Chief Executive 
  Officer, Uniti Group, Inc.; Brian Worthen, Chief Executive 
  Officer, Visionary Broadband; Ray LaChance, Co-Founder and 
  Chief Executive Officer, ZenFi Networks; and Ted Gilliam, 
  General Counsel, Strategic and Regional Sales, Zayo............   119
Support letter for Gigi Sohn dated December 9, 2021 to Hon. Maria 
  Cantwell, Hon. Ben Ray Lujan, Hon. Roger Wicker and Hon. John 
  Thune from Miguel Roggero, Chief Executive Officer, Fuse Media.   121
Support letter for Gigi Sohn dated December 10, 2021 to Maria 
  Cantwell and Roger Wicker from Mayor Annise Parker, President & 
  CEO, LGBTQ Victory Institute...................................   122
Support letter for Gigi Sohn dated December 10, 2021 to Senator 
  Maria Cantwell and Senator Roger Wicker from LGBTQ Victory 
  Institute, David C. Bohnett, GLAAD, Human Rights Campaign, 
  InterAct, LPAC Action Network, National LGBTQ Task Force Action 
  Plan, PFLAG and Woodland Freedom Foundation....................   123
Support letter for Gigi Sohn from Derek Masseth, Executive 
  Director, Sun Corridor Network.................................   124
Support letter for Gigi Sohn dated January 3, 2022 to Sen. Maria 
  Cantwell and Sen. Roger Wicker from Jamie Barnett, RDML, USN 
  (retired and David S. Turetsky.................................   124
Support letter for Gigi Sohn dated January 6, 2022 to Hon. Maria 
  Cantwell from Christopher M. Shelton, President, Communications 
  Workers of America.............................................   126
Support letter for Gigi Sohn dated January 14, 2022 Senators 
  Sinema and Kelly from Terry Goddard, Goddard Law Office PLC....   126
Support letter for Gigi Sohn dated January 18, 2022 to Senator 
  Maria Cantwell and Senator Roger Wicker from Jerame Davis, 
  Executive Officer, Pride at Work...............................   127
Support letter for Gigi Sohn dated January 24, 2022 from Marc H. 
  Morial, President and Chief Executive Officer, National Urban 
  League.........................................................   128
Support letter for Gigi Sohn dated February 1, 2022 to Majority 
  Leader Schumer and Commerce Committee Chair Cantwell from Wade 
  Henderson, Interim President and CEO, The Leadership Conference 
  on Civil and Human Rights; and Janet Murguia, President and 
  CEO, UnidosUS..................................................   128
Support letter for Gigi Sohn dated February 7, 2022 to Hon. Maria 
  Cantwell and Hon, Roger Wicker from Preston Addend, Boulder 
  Thinking, LLC..................................................   130
Support letter for Gigi Sohn dated February 7, 2022 to Majority 
  Leader Schumer and Commerce Committee Chair Cantwell from Wade 
  Henderson, Interim President and CEO, The Leadership Conference 
  on Civil and Human Rights; Janet Murguia, President and CEO, 
  UnidosUS; and Marc Morial, President and CEO, National Urban 
  League.........................................................   131
Support letter for Gigi Sohn dated March 2, 2022 to Hon. Charles 
  Schumer, Hon. Mitch McConnell, Hon. Maria Cantwell, Hon. Roger 
  Wicker from David Young, Executive Director, Writers Guild of 
  America West...................................................   132
Support letter for Gigi Sohn dated April 19, 2022 to Hon. Kyrsten 
  Sinema and Hon. Mark Kelly from Jonathan Nez, President, Navajo 
  Nation and Myron Lizer, Vice President, Navajo Nation..........   133
Support letter for Gigi Sohn dated April 27, 2022 to Senator Ben 
  Ray Lujan from Godfrey Enjady, President, National Tribal 
  Telecommunications Association.................................   134
Opposition statement for Gigi Sohn from Mike Montgomery, 
  Executive Director, CALinnovates...............................   134
Opposition letter for Gigi Sohn dated March 1, 2022 to Hon. Maria 
  Cantwell and Hon. Roger Wicker from Neil Bradley, Executive 
  Vice President, Chief Policy Officer and Head of Strategic 
  Advocacy, U.S. Chamber of Commerce.............................   135
Opposition statements for Gigi Sohn..............................   137
Support letter for Jessica Rosenworcel, Gigi Sohn and Alan 
  Davidson dated November 16, 2021 to Hon. Chuck Schumer, Hon. 
  Mitch McConnell, Hon. Maria Cantwell and Hon. Roger Wicker 
  from: 18 Million Rising, Access Humboldt, Akaku Maui Community 
  Media, Alliance for Community Media, American Library 
  Association, Appalshop Community Media Initiative, Benton 
  Institute for Broadband & Society, Branford Community 
  Television, California Center for Rural Policy, California 
  Clean Money Campaign, Capital Community Media, CATS Community 
  Access Television Services, Center for Accessible Technology, 
  Center for Democracy & Technology, City of New Bedford Cable 
  Access--New Bedford, MA, Color Of Change, Common Sense, 
  Communications Workers of America, Communities Closing the 
  Urban Digital Divide, Community Media Access Collaborative, 
  Decode Democracy, Demand Progress Education Fund, Democracy for 
  America, Derry Community Access Media, Duluth Public Access 
  Community Television, Electronic Frontier Foundation, Engine, 
  FC Public Media, Fight for the Future, Free Press Action, 
  Friends of the Earth, Granby Community Access and Media, Inc., 
  The Greenlining Institute, Greenpeace USA, Hawaii Consumers, 
  Illinois for Educational Equity, Indivisible Sacramento, 
  Institute for Local Self-Reliance, Libraries Without Borders 
  U.S., Local TV, inc, Lynn Community Television, Massachusetts 
  Community Media dba MassAccess, Media Alliance, Media, 
  Inequality & Change Center, MediaJustice, Melrose Massachusetts 
  Television, Movement Alliance Project, Mozilla Foundation, 
  National Association of the Deaf, National Consumers League, 
  Native Public Media, Newark for Educational Equity & Diversity, 
  The New Hampshire Coalition for Community Media, North Shore 
  TV, NTEN, OD Action, The OMNI Centre for Public Media, Inc., 
  OMNI Productions, Open MIC (Open Media and Information 
  Companies Initiative), Open Technology Institute, OpenMedia, 
  Orion Neighborhood Television (ONTV), The Other 98%, Our 
  Revolution, PhillyCAM, Presente.org, Progress America, Public 
  Knowledge, Revolving Door Project, RootsAction.org, Salem 
  Community Television, Salem NH, Salina Media Connection; 
  Community Access TV of Salina, Inc., San Diego Futures 
  Foundation, Tahoe Truckee Media, Telecommunications for the 
  Deaf and Hard of Hearing, Inc. (TDI), TURN--The Utility Reform 
  Network, United Church of Christ Media Justice Ministry, Valley 
  Shore Community Television Inc., Western New York Library 
  Resources Council, Winchester Community Access & Media, Inc., 
  Writers Guild of America West, X-Lab...........................   148
Support letter for Alan Davidson dated November 29, 2021 to Hon. 
  Maria Cantwell and Hon. Roger Wicker from: Harold Abelson, 
  Professor, Department of Electrical Engineering and Computer 
  Science, Massachusetts Institute of Technology; Susan Landau, 
  Bridge Professor in Cyber Security and Policy, Fletcher School 
  of Law & Diplomacy and School of Engineering, Tufts University; 
  Matt Blaze, McDevitt Professor of Computer Science and Law, 
  Georgetown University; Deirdre Mulligan, Professor, School of 
  Information, Berkeley Center for Law & Technology, University 
  of California Berkeley; L. Jean Camp, Professor of Informatics 
  & Computer Science, Indiana University; Daniel J. Weitzner, 
  3Com Founders Principal Research Scientist, Computer Science 
  and Artificial Intelligence Lab, Massachusetts Institute of 
  Technology; Vint Cerf, Internet Pioneer; Josephine Wolff, 
  Associate Professor of Cybersecurity Policy, Fletcher School of 
  Law and Diplomacy, Tufts University; David D. Clark, Senior 
  Research Scientist, MIT CSAIL Advanced Network Architecture 
  Group, Massachusetts Institute of Technology; Lorrie Cranor, 
  Bosch Distinguished Professor in Security and Privacy 
  Technologies and FORE Systems Professor of Computer Science and 
  of Engineering & Public Policy, Carnegie Mellon University; 
  Stephen D. Crocker, President, Edgemoor Research Institute, 
  Joan Feigenbaum, Grace Murray Hopper Professor of Computer 
  Science, Yale University.......................................   150
Support letter for Alan Davidson dated November 30, 2021 to Hon. 
  Maria Cantwell and Hon. Roger Wicker from Ying McGuire, Co-
  Chair, National AAPI Business Leaders, Business Council and 
  CEO, National Minority Supplier Development Council; Chiling 
  Tong, CEO and President, National ACE, Jimmy Ferguson, Co-
  Chair, Texas AAPI Business Leaders Council.....................   151
Support letter for Alan Davidson dated December 14, 2021 to 
  Members of the United States Senate from Neil L. Bradley, 
  Executive Vice President, Chief Policy Officer and Head of 
  Strategic Advocacy, U.S. Chamber of Commerce...................   152
Support letter for Viquar Ahmad dated January 30, 2022 from James 
  F. Butler and Eric Littlepage, U.S. House of Representatives 
  and U.S. Department of Homeland Security.......................   153
Response to written questions submitted to Gigi B. Sohn by:
    Hon. Richard Blumenthal......................................   154
    Hon. Jon Tester..............................................   154
    Hon. Kyrsten Sinema..........................................   155
    Hon. Ben Ray Lujan...........................................   156
    Hon. Raphael Warnock.........................................   157
    Hon. Roger Wicker............................................   158
    Hon. John Thune..............................................   164
    Hon. Roy Blunt...............................................   165
    Hon. Deb Fischer.............................................   168
    Hon. Jerry Moran.............................................   169
    Hon. Dan Sullivan............................................   170
    Hon. Marsha Blackburn........................................   171
    Hon. Todd Young..............................................   172
    Hon. Mike Lee................................................   172
    Hon. Ron Johnson.............................................   177
    Hon. Shelley Moore Capito....................................   177
    Hon. Rick Scott..............................................   180
    Hon. Cynthia Lummis..........................................   182
Response to written questions submitted to Jed Kolko by:
    Hon. Amy Klobuchar...........................................   182
    Hon. Raphael Warnock.........................................   183
    Hon. Marsha Blackburn........................................   184
    Hon. Rick Scott..............................................   185
Response to written questions submitted to Alan B. Davidson by:
    Hon. Amy Klobuchar...........................................   185
    Hon. Kyrsten Sinema..........................................   185
    Hon. Raphael Warnock.........................................   187
    Hon. Roger Wicker............................................   188
    Hon. John Thune..............................................   191
    Hon. Roy Blunt...............................................   192
    Hon. Deb Fischer.............................................   194
    Hon. Jerry Moran.............................................   194
    Hon. Dan Sullivan............................................   195
    Hon. Marsha Blackburn........................................   197
    Hon. Todd Young..............................................   197
    Hon. Mike Lee................................................   198
    Hon. Ron Johnson.............................................   201
    Hon. Shelley Moore Capito....................................   201
    Hon. Rick Scott..............................................   203
    Hon. Cynthia Lummis..........................................   204
Response to written questions submitted to Viquar Ahmad by:
    Hon. Amy Klobuchar...........................................   204
    Hon. Roger Wicker............................................   205
    Hon. Marsha Blackburn........................................   206
    Hon. Rick Scott..............................................   206








 
                           NOMINATION TO THE
                   FEDERAL COMMUNICATIONS COMMISSION
                     AND THE DEPARTMENT OF COMMERCE

                              ----------                              


                      WEDNESDAY, DECEMBER 1, 2021

                                       U.S. Senate,
        Committee on Commerce, Science, and Transportation,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:27 a.m., in 
room SR-253, Russell Senate Office Building, Hon. Maria 
Cantwell, Chairman of the Committee, presiding.
    Present: Senators Cantwell [presiding], Klobuchar, 
Blumenthal, Schatz, Markey, Peters, Baldwin, Sinema, Rosen, 
Lujan, Hickenlooper, Wicker, Blunt, Cruz, Fischer, Moran, 
Sullivan, Blackburn, Young, Lee, and Capito.

           OPENING STATEMENT OF HON. MARIA CANTWELL, 
                  U.S. SENATOR FROM WASHINGTON

    The Chairwoman: Our hearing is a very important set of 
nominees, and so I want to welcome them and their families to 
the dais. Thank you so much for being here. First, we will 
consider the nomination of Gigi Sohn to be Commissioner of the 
Federal Communications Commission. Ms. Sohn, welcome to you and 
your family who I understand is joining you today. The pandemic 
demonstrates how essential broadband is to participate in our 
21st century economy and the FCC's critical role in helping our 
country be competitive.
    If confirmed, Ms. Sohn will help lead the FCC's effort to 
address the lack of broadband connectivity in our country due 
to gaps in broadband infrastructure and the lack of affordable 
services. As Commissioner, she will also be responsible for 
supporting the diversity and health of local broadcasters, that 
they continue to reflect the interest of local communities, and 
I look forward to hearing how she intends to support 
broadcasters and their continued important role, if confirmed. 
She is also responsible for coordinating with NTIA on Federal 
spectrum sharing policies to protect incumbent users and 
promote innovation, and she has a decade long of experience as 
advocating on important telecommunications policy.
    She was co-founder of Public Knowledge before becoming a 
Senior Adviser to Chairman Wheeler of the FCC, and she is 
currently a Distinguished Fellow at Georgetown Institute for 
Technology, Law and Policy, Senior Fellow and public advocate 
at the Benton Institute. If confirmed, she will also be the 
first openly LGBTQ+ Commissioner in the history of the FCC. And 
she will also consider--we also, I am sorry, sorry--we will 
also consider the nomination of Alan Davidson, thank you for 
being here, to be Assistant Secretary for Communications and 
Information at the Department of Commerce. Today, it is 
important more than ever to have a critically strong role at 
NTIA as the agency leads the largest broadband investment in 
our Nation's history to finally bridge the digital divide.
    Both my colleagues, Senator Wicker and Senator Klobuchar, 
have worked tirelessly as on legislation to try to enhance the 
role of NTIA, so I look forward to having a robust discussion 
about what leadership role NTIA can play on broadband. The 
Infrastructure Investment and Jobs Act will ask NTIA to 
increase and implement programs set at historic levels. So I 
look forward to asking NTIA, Mr. Davidson, about those efforts 
and what we can do, particularly on the issues of digital 
divide and cost. I also, with the vote of Chairman Rosenworcel 
and Mr. Bedoya this morning, today's hearing, Ms. Sohn and Mr. 
Davidson, we are getting closer to providing these agencies 
with the key tools that they need to do their job.
    Next, we will consider the nomination of Jed Kolko to be 
Undersecretary of Economic Affairs at the Department of 
Commerce. Welcome to you. The Undersecretary for Economic 
Affairs is responsible for providing economic analysis, 
disseminating national economic indicators, serving the 
Administrator as the Department's premier statistical programs, 
and including in that the Bureau of Economic Analysis and the 
Census Bureau. These bureaus and others in the Department 
provide important critical data to our Nation, to our agencies, 
and to private sector entities. Everything from science, 
climate, weather, and economic indicators, including trade and 
telecommunications.
    Mr. Kolko has been Chief Economist at Indeed since 2016, 
and before that was Chief Economist and VP of analytics at 
Trulia. So he brings private sector experience as well. He has 
also had numerous research positions where his work has focused 
on ways to incorporate proprietary and public data into 
research that is accessible and actionable for a wide range of 
audiences. To help our economy thrive, the Department needs 
leaders who will set high standards not only for data 
integrity, but for accessibility as well.
    Policymakers and business entities should be able to easily 
access the data to develop the Department of Economic Analysis 
and the Census Bureau to make good policy and business 
decisions. So I look forward to asking you about that at the 
hearing. And finally, we will consider Mr. Viquar Ahmad to be 
Assistant Secretary for Administration and Chief Financial 
Officer for the Department of Commerce. Welcome to you, Mr. 
Ahmad. The Assistant Secretary for Administration and Chief 
Financial Officer serves the Department's financial resources 
and human resources and facilities.
    It is a critical role on the annual budget and managing the 
billions of dollars that are basically allocated through the 
Infrastructure and Jobs Act, as an example. So you are 
extremely qualified, I believe, for this role, multiple 
leadership roles in the U.S. Government over the past decade, 
including managing and overseeing the $70 billion budget for 
the Department of Homeland Security and its component agencies. 
Currently serves as the Deputy Chief Financial Officer for the 
U.S. House of Representatives.
    I look forward to your confirmation. So thank you all for 
being here and your willingness to serve. I now turn to our 
Ranking Member, Senator Wicker.

                STATEMENT OF HON. ROGER WICKER, 
                 U.S. SENATOR FROM MISSISSIPPI

    Senator Wicker. Thank you, my friend, Senator Cantwell. And 
I do agree this is an important hearing to consider nominations 
of Ms. Gigi Sohn to be a Commissioner of the FCC; Mr. Alan 
Davidson to be Assistant Secretary of Commerce for 
Communications and Information; Mr. Jed Kolko to be 
Undersecretary of Commerce for Economic Affairs; and Mr. Viquar 
Ahmad to be Assistant Secretary of Commerce for Administration 
and Chief Financial Officer at the Department of Commerce. I 
look forward to being introduced to family members if they are 
in attendance today. These positions are vital to the Nation's 
economy, and it is essential that the Committee give careful 
consideration to the goals and qualifications of the 
individuals who have been nominated to fill them.
    Ms. Sohn has been an active participant in the telecom 
sector for her entire career, including her tenure on the staff 
of former FCC Chairman Tom Wheeler. Many members of our 
committee have had the opportunity to engage with her over the 
years on public policy issues under consideration by Congress 
and the FCC. All who know her would agree that she is 
knowledgeable and determined to--and a determined advocate. I 
am concerned about her record of expressing hyper-partisan 
views on many critical matters that have come before the 
Commission, and which may come before the Commission again in 
the future, such as net neutrality. The person who fills the 
fifth seat on the FCC should be committed to promoting a 
cooperative environment in which our Nation's most pressing 
telecommunications challenges can be resolved.
    I look forward to hearing from Ms. Sohn today about her 
qualifications, as well as her goals and strategies for 
furthering the work of the FCC. Mr. Davidson is the President's 
nominee to be Administrator of NTIA. He has numerous 
professional accomplishments in the private sector and also 
previously served at the Department of Commerce during the 
Obama Administration as Director of Digital Economy and Senior 
Adviser to the Secretary. He has been nominated to serve at a 
pivotal juncture, which, of course, Senator Cantwell has 
pointed out. NTIA is poised to distribute $48.2 billion in 
broadband funding throughout the country.
    I am eager to learn more about his vision for leading this 
agency and rapidly deploying the regulatory and staffing 
structure that is needed to implement the Infrastructure 
Investment and Jobs Act. Mr. Kolko has worked as an economist 
for major corporations and, if confirmed, would bring the 
experience--this experience to the Federal Government. Mr. 
Ahmad has served as Deputy Chief Financial Administrator for 
the U.S. House since 2017, and his career has also included 
service in other Federal budgetary and financial management 
positions.
    Since you have not previously worked at the Department of 
Commerce, Mr. Ahmad, will have much to learn regarding its 
budget priorities and oversight of key programs, including the 
development of the next generation of NOAA satellites. I am 
interested in how Mr. Kolko and Mr. Ahmad plan to maximize 
their appointed roles in the Department of Commerce. And I wish 
to thank each of you for your willingness to serve and yield 
back to my chair.
    The Chairwoman: Thank you. Ms. Sohn, welcome. We will ask 
each of the witnesses to provide an opening statement and 
hopefully keep within the 5-minutes so we can get to Q&A, and 
obviously you can submit longer statements for the record. So 
Ms. Sohn, welcome to you.

   STATEMENT OF GIGI B. SOHN, NOMINEE TO BE A COMMISSIONER, 
               FEDERAL COMMUNICATIONS COMMISSION

    Ms. Sohn. Thank you, Chair Cantwell, Member Wicker, members 
of the Committee. I am honored to be nominated by President 
Biden and to be considered by this committee for a seat on the 
Federal Communications Commission. It has been a privilege to 
meet with many of you over the past few weeks. I am delighted 
to be joined by my wife, Laura Ballard, our daughter Jocelyn 
Sohn, my mother in law, Cindy Ballard, and my brother, Eric. 
They are all behind me. I want to acknowledge my mother, Roma, 
who can't be here today. Their love and support are the reason 
that I am here. My parents raised my three brothers and me in a 
middle class household on Long Island, where I was far more 
likely to play sports and watch my beloved Mets and Jets than 
talk about policy.
    The radio was always on in my family kitchen, where reports 
from the frontlines of the Vietnam War, Watergate, and other 
critical events of the 60s and 70s resonated. It was there that 
I learned the power of communications networks to inform public 
discourse and promote democratic values. My love of local 
broadcasting and especially radio, led me to Boston University, 
where I studied communications, law, and policy. After school 
and private practice, I started what has been an over 30 year 
career as a public interest lawyer, advocating for policies 
that ensure that modern communications networks are available 
to everyone, regardless of who they are or where they live.
    The past two decades, I have worked toward the goal of 
ensuring that every household in the U.S. has robust and 
affordable broadband Internet access. While much of my career 
has been spent in the nonprofit and academic sectors, I also 
spent 3 years as Counselor to then FCC Chairman Tom Wheeler. I 
gained the important experience of working inside the agency, 
balancing the competing equities of the FCC's numerous 
stakeholders. It was hard work, but it was the most formative 
experience of my career because it helped me understand the 
different tools needed to be an effective policymaker.
    If I am fortunate enough to be confirmed by the Senate, 
here are some of the values that I will bring to the FCC. First 
and foremost, pragmatism. I have always been a strong advocate 
for the public interest, but I have also demonstrated a 
willingness to reach out and sit down with people who disagree 
with my position to try and find common ground. I have done so 
whether someone is from a different political party or from 
industry, and even when doing so has put me at odds with some 
of the public interest community.
    Second, integrity and transparency. I am always willing to 
listen and respect positions different from my own. You will 
always know where I am coming from, and my door will always be 
open. We may not ultimately agree on the policy outcome, but 
you won't be surprised by my position. Third, competition. 
Markets work best when there is vigorous competition. It is the 
surest way to make certain that broadband is available, 
affordable, and open to a diversity of viewpoints. Federal 
policies that promote competition are always superior to heavy 
handed behavioral of price regulation, which is why I have 
always supported policies that lower barriers to entry and 
minimize gatekeeper power.
    Finally, free expression. Freedom of speech is the 
lifeblood of our American experience and has always been at the 
core of my work. I am proud that some of the most conservative 
television networks are supporting my confirmation because I 
have worked with them for years to get access to cable 
subscribers after operators refuse to carry them. I have also 
worked with communities of color and the LGBTQ+ community to 
ensure access to their voices on different platforms without 
interference. I have always believed that democracy works best 
when voices of all kinds can speak and be heard. I have been 
asked why, after a long career, I would want a seat on the FCC. 
My answer is simple. If confirmed, I would be serving on the 
Commission at a critical time for our country.
    Thanks to the work of Congress over the past year, there 
are ample resources and bipartisan support to make enormous 
progress in closing the digital divide in both rural and urban 
areas. These resources will help deploy networks everywhere and 
allow for low income households to afford and adopt broadband, 
which is essential to full participation in our society and our 
economy. It would be the honor of a lifetime to help the FCC 
and Congress attain that goal. If confirmed, I look forward to 
working with Congress, members of this committee, Chairwoman 
Rosenworcel, and Commissioners Carr, Starks, and Simington to 
achieve universal connectivity in the United States. Thank you.
    [The prepared statement and biographical information of Ms. 
Sohn follow:]

   Prepared Statement of Gigi B. Sohn, Nominee to be a Commissioner, 
                   Federal Communications Commission
    Chairwoman Cantwell, Ranking Member Wicker, members of the 
Committee, I am honored to be nominated by President Biden and to be 
considered by this Committee for a seat on the Federal Communications 
Commission. It has been a privilege to meet with many of you over the 
past several weeks.
    I am delighted to be joined by my wife, Lara Ballard, our daughter 
Yosselin Sohn, my mother-in-law Cindy Ballard and my brother Eric. I 
want to acknowledge my mother, Roma, who can't be here today, but whose 
love and support are the reason that I am here.
    My parents raised my three brothers and me in a middle-class 
household on Long Island, where I was far more likely to play sports 
and watch my beloved Mets and Jets than talk about policy. The radio 
was always on in the family kitchen, where reports from the frontlines 
of the Vietnam War, Watergate, and other critical events of the '60s 
and '70s resonated. It was there that I learned the power of 
communications networks to inform public discourse and promote 
democratic values. My love of local broadcasting, and especially radio, 
led me to Boston University, where I studied communications law and 
policy.
    After school and private practice, I started what has been an over 
30-year career as a public interest lawyer advocating for policies that 
ensure that modern communications networks are available to everybody, 
regardless of who they are or where they live. For the past two 
decades, I have worked towards the goal of ensuring that every 
household in the U.S. has robust and affordable broadband Internet 
access.
    While much of my career has been spent in the nonprofit and 
academic sectors, I also spent three years as Counselor to then-FCC 
Chairman Tom Wheeler. I gained the important experience of working 
inside the agency, balancing the competing equities of the FCC's 
numerous stakeholders. It was hard work, but it was the most formative 
experience of my career because it helped me understand the different 
tools needed to be an effective policymaker.
    If I am fortunate enough to be confirmed by the Senate, here are 
some of the values that I would bring to the FCC:
    First and foremost, pragmatism. I have always been a strong 
advocate for the public interest, but I have also demonstrated a 
willingness to reach out and sit down with people who disagree with my 
position to try and find common ground. I have done so whether someone 
is from a different political party or from industry--and even when 
doing so has put me at odds with some in the public interest community.
    Second, integrity and transparency. I am always willing to listen 
and respect positions different from my own. You will always know where 
I'm coming from, and my door will always be open. We may not ultimately 
agree on the policy outcome, but you won't be surprised about my 
position.
    Third, competition. Markets work best when there is vigorous 
competition. It is the surest way to make certain that broadband is 
available, affordable, and open to a diversity of viewpoints. Federal 
policies that promote competition are always superior to heavy-handed 
behavioral or price regulation, which is why I have always supported 
policies that lower barriers to entry and minimize gatekeeper power.
    Finally, free expression. Freedom of speech is the lifeblood of our 
American experience and has always been at the core of my work. I am 
proud that some of the most conservative television networks are 
supporting my confirmation because I worked with them for years to get 
access to cable subscribers after operators refused to carry them. I 
have also worked with communities of color and the LGBTQ+ community to 
ensure access to their voices on different platforms without 
interference. I have always believed that democracy works best when 
voices of all kinds can speak and be heard.
    I've been asked why, after a long career, I would want a seat on 
the FCC. My answer is simple. If confirmed, I would be serving on the 
Commission at a critical time for our country. Thanks to the work of 
Congress over the past year, there are ample resources--and bipartisan 
support--to make enormous progress in closing the digital divide in 
both rural and urban areas. These resources will help deploy networks 
everywhere and allow for low-income households to afford and adopt 
broadband, which is essential to full participation in our society and 
our economy. It would be the honor of a lifetime to help the FCC and 
Congress attain that goal.
    If confirmed, I look forward to working with Congress, Members of 
this Committee, Chairwoman Rosenworcel, and Commissioners Carr, Starks 
and Simington to achieve universal connectivity in the United States. 
Thank you.
                                 ______
                                 
                      A. BIOGRAPHICAL INFORMATION
    1. Name (Include any former names or nicknames used): Gigi Beth 
Sohn.
    2. Position to which nominated: Commissioner, Federal 
Communications Commission.
    3. Date of Nomination: October 26, 2021.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: Information not provided.

    5. Date and Place of Birth: August 2, 1961; Rockville Centre, New 
York.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names and ages of your children (including 
stepchildren and children by a previous marriage).
    Spouse: Lara Ann Ballard, Privacy and Intelligence Oversight 
Officer, Office of Investigations and Analysis, U.S. Department of 
Homeland Security.
    7. List all college and graduate degrees. Provide year and school 
attended.

        College: Boston University, September 1979-May 1983. Graduated 
        with a B.S. in Broadcasting and Film, Summa Cum Laude.
        Law School: University of Pennsylvania Carey School of Law, 
        September 1983-May 1986. Graduated with a Juris Doctor.

    8. List all post-undergraduate employment, and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.

        Secondary Mortgage Company, Boston Massachusetts
        Clerk, Summer 1983

        Boston Colonial Theater, Boston Massachusetts
        Bartender, Summer 1983

        Quincy Market Engraving Station, Boston Massachusetts
        Retail Clerk/Engraver, Summer 1983

        DC Court of Appeals, Washington, DC
        Law Clerk, Summer 1984

        Zuckert, Scoutt & Rasenberger, Washington, DC
        Summer Associate, Summer 1985
        Associate, September 1986-August 1988

        Tomar, Parks, Seliger, Simonoff & Adourian, Haddonfield, New 
        Jersey (now defunct)
        Law Clerk, School Year 1985

        University of Pennsylvania Law School Civil Practice Clinic, 
        Philadelphia, PA
        Law Clerk, Summer 1986

        Media Access Project, Washington, DC (Management-level)*
        Executive Director, September 1996 to March 1999
        Deputy Director, November 1990 to August 1996
        Staff Attorney, September 1988 to October 1992

        Benjamin N. Cardozo School of Law, Yeshiva University, New 
        York, NY*
        Adjunct Professor, January 2001 to May 2001

        Ford Foundation, New York, NY*
        Project Specialist, August 2000 to January 2001
        Consultant, May 1999 to July 2000

        Public Knowledge, Washington, DC (Management-level)*
        Co-Founder, President & Chief Executive Officer, August 2001 to 
        October 2013

        Georgetown University, Washington, DC*
        Adjunct Professor, Fall 2002

        Federal Communications Commission, Washington, DC (Management-
        level)*
        Counselor to the Chairman, March 2015 to December 2016
        Special Counsel for External Affairs, November 2013 to February 
        2015

        Self-Employed, Washington, DC (see Fellowships below)*
        January 2017 to present

        Institute for Technology Law & Policy at Georgetown Law, 
        Washington, DC* (Management-level)
        Distinguished Fellow, April 2017 to present

        Benton Institute for Broadband and Society, Chicago, IL*
        Senior Fellow and Public Advocate, October 2017 to present

        Open Society Foundations, New York, NY*
        Leadership in Government Fellow, January 2017 to January 2018

        Mozilla Foundation, San Francisco, CA*
        Fellow, February 2017 to November 2018

    *Indicates a job that relates to the position for which I am 
nominated.
    9. Attach a copy of your resume.
    Attached (Attachment A).
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years.

        University of Colorado School of Law, Silicon Flatirons Center 
        for Law, Technology & Entrepreneurship
        Senior Adjunct Fellow, March 2008 to October 2013

        Center for Copyright Information
        Member, Advisory Board, September 2011 to October 2013

        Open Markets Institute
        Member, Advisory Board, March 2020 to present

        Engelberg Center on Law & Innovation Policy, NYU Law School
        Member, Advisory Board, November 2019 to present

    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.

        Sports Fans Coalition NY, Inc.
        Board Member, March 2020 to present

        Electronic Frontier Foundation (EFF)
        Board Member, December 2018 to present

        Broadband Internet Technical Advisory Group (BITAG)
        Co-Chair, December 2011 to October 2013
        Member, Board of Directors, December 2010 to October 2013

        Telecommunications Policy Research Conference (TPRC)
        Member, Board of Directors, November 2006 to December 2012
        Board Treasurer, January 2010 to December 2012

    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). Include dates of membership and any positions you have 
held with any organization. Please note whether any such club or 
organization restricts membership on the basis of sex, race, color, 
religion, national origin, age, or disability.

Palisades Swim and Tennis Club, Cabin John, MD: 2014 to present
   Dues paying member

Confidence During Kaos (CDK) Krav Maga, Chevy Chase, MD: 2017-July 2021
   Dues paying member

Circle Yoga, Washington, DC: 2011-June 2021
   Dues paying members

Democratic Party, Washington, DC: 2011 to present
   Members by party affiliation

DC Bar, Washington, DC: 2011 to present
   Dues paying member
   Member, DC Bar Board of Governors: 1997-2000

Federal Communications Bar Association, Washington, DC: 2011 to present
   Dues paying member
   Served on nominations Committee
   Served as a featured speaker and mentor at many FCBA events

Ben Murch Home and School Association, Washington, DC: 2011-2016
   Dues paying member

        Alice Deal Community Association, Washington, DC: 2016-2019
   Dues paying member

National Museum of African-American History and Culture, Washington, 
DC: 2016 to present
   Charter member/Director's Circle Member

Friends of the National Zoo, Washington, DC: 2011-2020
   Dues paying member

Politics & Prose, Washington, DC: est. 2012 to present
   Dues paying member

Electronic Frontier Foundation, San Francisco, CA: 2017 to present
   Board Member
   Dues paying member

National Museum of the American Indian, Washington, DC: est. 2014-2018
   Dues paying members

WAMU: 88.5 FM, Washington, DC: 2011 to present
   Dues paying sustaining member

WWOZ New Orleans 90.7, New Orleans, LA: 2016 to present
   Dues paying sustaining members

Consumer Reports, Yonkers, NY: 2017 to present
   Dues paying member

National LGBTQ Task Force, Washington, DC: est. 2013-2018
   Dues paying member

    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt.
    I have never been a candidate for nor held a public office.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities.
    I am a member of the Democratic party but have never held any 
position, paid or otherwise, in the party.
    I served as a policy volunteer for the Biden-Harris Campaign from 
July 2020-November 2020 and as a policy volunteer for the Obama-Biden 
Campaign from May 2008-November 2008.
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years.

        Biden for President (2020): $2,985.69

        Biden Victory Fund (2020): $1,885.69

        Warren for President (2020): $1,418.30

        Booker Senate Victory/Cory Booker for Senate (2017): $500

        Hillary for America (2016): $1,055.56

        Hillary Victory Fund (2016): $805.56

        The Markey Committee (2013-2019): $1,600

        Tammy Baldwin For Senate (2012-2018): $1,000

        Obama For America (2012): $2,750

        Obama Victory Fund (2012): $1,750

    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.
Fellowships
        Distinguished Fellow, Georgetown Law Institute for Technology 
        Law & Policy
        Distinguished Fellow, April 2017 to present

        Senior Fellow and Public Advocate, Benton Institute for 
        Broadband & Society
        Senior Fellow and Public Advocate, October 2017 to present

        Mozilla Fellow
        Fellow, February 2017-November 2018

        Open Society Foundations Leadership in Government Fellow
        Leadership in Government Fellow, January 2017-January 2018

        University of Colorado School of Law, Silicon Flatirons Center 
        for Law, Technology & Entrepreneurship
        Senior Adjunct Fellow, March 2008 to October 2013

        University of Southern California--Annenberg Center
        Non-resident Fellow, October 2006 to January 2008

        University of Melbourne Faculty of Law, Graduate Studies 
        Program, Melbourne, VIC
        Senior Fellow, June 2000
Honors
        Washingtonian ``Washington's Most Influential People'' (March 
        2021)

        National Journal ``NJ 50: 50 people changing the game in 
        Washington'' (November 2019)

        Office of Communication of the United Church of Christ, Everett 
        C. Parker Award (October 2018)

        Coalition for Local Internet Choice ``National Champion for 
        Local Internet Choice'' Award (October 2016)

        One Community ``Broadband Hero'' Award (September 2014)

        Non-Profit Times ``Power & Influence Top 50.'' (August 2011)

        Electronic Frontier Foundation Pioneer Award (May 2006)

        Gay and Lesbian Attorneys of Washington (GAYLAW) Distinguished 
        Community Service Award (December 1997)

        American Lawyer Magazine's ``The Public Sector 45: Forty-five 
        Young Lawyers Outside the Private Sector Whose Vision and 
        Commitment are Changing Lives'' (January/February 1997)

        National Law Journal's ``40 Young Attorneys Who Are Making 
        Their Mark'' (November 1995)

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. Also list any 
speeches that you have given on topics relevant to the position for 
which you have been nominated. Do not attach copies of these 
publications unless otherwise instructed.
    List of publications and speeches attached (Attachment B).
    18. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.
    My website, which includes most of the news stories in which I'm 
quoted, as well as most of my speeches, testimony and press statements 
from 2017 to present: http://gigisohn.com/
    All the episodes of my ``Tech on the Rocks'' podcast are here.
    My current Twitter handle is @gigibsohn. When I worked at the FCC 
from 2013-2016, my Twitter handle was: @gigibsohnFCC. The FCC account 
has been dormant/inactive since the day I left the agency.
    My Facebook page can be found at https://www.facebook.com/
gigi.b.sohn
    My LinkedIn page can be found at https://www.linkedin.com/in/
gigisohn/
    19. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony.
    List of testimony attached (Attachment C).
    20. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    I have spent nearly my entire career as an advocate for universal 
and affordable access to open and democratic communications networks, 
be they broadcast, cable, telephone or broadband. That is the exact 
statutory mission of the FCC--to ensure that everyone in the U.S. has 
access to and can use the networks that are central to an informed 
democracy, a strong economy and an open society. That goal is more 
important today than it has ever been, as access to broadband is 
essential to full participation in our society and our economy and our 
education and health care systems.
    In addition to my substantive knowledge, I co-founded and built the 
non-profit organization Public Knowledge, and successfully managed it 
for 12 years. I left the organization in strong financial and 
managerial health, and it recently celebrated its 20th anniversary. 
During my tenure as Counselor to former Chairman Wheeler, I became 
intimately familiar with the inner workings of the FCC. I worked with 
nearly every Bureau and Office, including the other Commissioners' 
offices, the Managing Director's office and other technical and 
administrative offices.
    Finally, over the past 30+ years, I have built a network of 
colleagues, friends and advisors from across industries and sectors, 
including philanthropy, academia, the public interest community and 
federal, state and local policymakers. This network will be critical to 
addressing what I believe is the FCC's biggest challenge--ensuring that 
every household in the U.S. has affordable and robust broadband 
Internet access.
    21. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    As a member of the FCC, I believe that I would have a duty to 
ensure that the agency has proper management and accounting controls. I 
was the President and CEO of the non-profit Public Knowledge for 12 
years, and while it was not a large organization, it had its own 
challenges regarding management and accounting, albeit on a smaller 
scale. I was a CEO that hired a strong executive team, but took 
ultimate responsibility for the finances and management of the 
organization.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?

   The FCC's top challenge is ensuring that every household in 
        the U.S. has affordable and robust broadband Internet access. 
        The COVID-19 pandemic made abundantly clear that tens of 
        millions of people in the U.S. lack affordable and robust 
        broadband Internet, and that such connectivity is essential to 
        ensure full participation in our society, our economy, our 
        education and health care systems and our civic life. The FCC 
        has many tools at its disposal to connect the unconnected, but 
        they must be deployed wisely and effectively. Moreover, 
        achieving the goal of universal and affordable broadband 
        Internet access will take an ``all-hands-on-deck'' approach, 
        with the Federal government, states, rural and urban 
        communities, the philanthropic sector, and industry working 
        together to build and execute a blueprint for universal 
        broadband. The FCC must be a leader in building and executing 
        this blueprint.

   Another major challenge for the FCC is ensuring that our 
        communications networks are resilient and secure. There have 
        been too many instances over the past 5 years of networks 
        failing, often for long periods of time, as a result of major 
        natural disasters, which are becoming increasingly common. The 
        FCC must hold network operators to high standards of resiliency 
        to ensure that people can stay connected when it is a matter of 
        life and death. In addition, the FCC must ensure that our 
        networks are safe from malevolent actors here and abroad. News 
        of cyberattacks seem to arise almost daily, and the most 
        prominent of these, the Colonial Pipeline and Solar Winds 
        hacks, relied on commercial Internet providers to do their 
        harm. The interconnected broadband networks that underpin our 
        digital economy are among our most vulnerable attack conduits. 
        Thus, the FCC must ensure that cybersecurity is an essential 
        duty for network providers. This means developing an oversight 
        regime that requires network providers to determine best 
        practices, subject to regulatory oversight.

   A third major challenge for the FCC is developing spectrum 
        policy with its Federal government colleagues that will balance 
        making significant amounts of spectrum for 5G mobile broadband 
        service (and making that spectrum available to a wide variety 
        of users) with also making significant amounts of spectrum 
        available for innovative unlicensed uses. Sound spectrum policy 
        is only possible with close coordination between the FCC and 
        other government agencies, including state and local 
        governments, which are critical to lowering barriers to 
        deployment of 5G and wireline broadband infrastructure.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    In connection with the nomination process, I have consulted with 
the U.S. Office of Government Ethics and the Federal Communication 
Commission's Designated Agency Ethics Official to identify potential 
conflicts of interest. If confirmed, any potential conflicts of 
interest will be resolved in accordance with the terms of the ethics 
agreement that I have entered into with the Commission's Designated 
Agency Ethics Official. I am not aware of any other potential conflicts 
of interest.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain. No.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated. Explain how you will 
resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the U.S. Office of Government Ethics and the Federal Communication 
Commission's Designated Agency Ethics Official to identify potential 
conflicts of interest. If confirmed, any potential conflicts of 
interest will be resolved in accordance with the terms of the ethics 
agreement that I have entered into with the Commission's Designated 
Agency Ethics Official. I am not aware of any other potential conflicts 
of interest.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten years, whether for 
yourself, on behalf of a client, or acting as an agent, that could in 
any way constitute or result in a possible conflict of interest in the 
position to which you have been nominated. Explain how you will resolve 
each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the U.S. Office of Government Ethics and the Federal Communication 
Commission's Designated Agency Ethics Official to identify potential 
conflicts of interest. If confirmed, any potential conflicts of 
interest will be resolved in accordance with the terms of the ethics 
agreement that I have entered into with the Commission's Designated 
Agency Ethics Official. I am not aware of any other potential conflicts 
of interest.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    In connection with the nomination process, I have consulted with 
the U.S. Office of Government Ethics and the Federal Communication 
Commission's Designated Agency Ethics Official to identify potential 
conflicts of interest. If confirmed, any potential conflicts of 
interest will be resolved in accordance with the terms of the ethics 
agreement that I have entered into with the Commission's Designated 
Agency Ethics Official. I am not aware of any other potential conflicts 
of interest.
    6. Describe any activity during the past ten years, including the 
names of clients represented, in which you have been engaged for the 
purpose of directly or indirectly influencing the passage, defeat, or 
modification of any legislation or affecting the administration and 
execution of law or public policy.
    During the past ten years, both in my capacity as President and CEO 
of Public Knowledge, in my current and previous Fellowship positions 
and in my personal capacity I have influenced the passage, defeat and 
modification of legislation and affected the administration and 
execution of law and public policy. This includes proposed and adopted 
laws and policies affecting communications, competition and technology 
law and policy. I have been asked for advice and guidance by Hill and 
agency staff, have been asked to testify numerous times, have written, 
spoken and appeared in media about such proposed laws and policies.
    I have not represented any clients in these matters.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.
    No.
    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain. No.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain.
    Yes. In 2014 a former employee of Public Knowledge who was 
terminated for poor performance, refusal to abide by the terms of a 
Performance Improvement Plan, and insubordination, filed an age 
discrimination complaint against the organization with the DC Office of 
Human Rights. The Office dismissed the complaint as without merit.
    In addition, Sports Fans Coalition NY, Inc. (SFCNY), a non-profit 
corporation which I serve as a board member, had a service (Locast) 
that operated under a statutory copyright exemption for non-profits (17 
USC 111(a)(5)). In 2019 an action was brought against SFCNY by four 
broadcast networks in the District Court for the Southern District of 
New York. On August 31, 2021, the District Court determined that the 
exemption did not apply and Locast ceased providing service. The matter 
has been settled.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain. No.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain.
    I have never been so accused in my personal capacity. However, in 
2014 a former employee of Public Knowledge who was terminated for poor 
performance, refusal to abide by the terms of a Performance Improvement 
Plan, and insubordination, filed an age discrimination complaint 
against the organization with the DC Office of Human Rights. The Office 
dismissed the complaint as without merit.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination. None.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses, including technical experts and career employees, with 
firsthand knowledge of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.
                                 ______
                                 
                              ATTACHMENT A
                         Resume of Gigi B. Sohn

                               EXPERIENCE

Institute for Technology Law & Policy at Georgetown Law, Washington, DC
Distinguished Fellow, April 2017 to present

   Engage in public education, outreach, coalition building and 
        advocacy to preserve policies that have made broadband Internet 
        access more ubiquitous, competitive, affordable, open and 
        protective of user privacy.

   Provide strategic and policy advice to public interest 
        advocates, industry policymakers and philanthropies.

   Frequent public speaker and guest on radio, television and 
        podcasts on communications, media and technology law and 
        policy.

   Host of ``Tech on the Rocks'' podcast, which focuses on 
        communications, media and technology policy and its impact on 
        Americans.

Benton Institute for Broadband and Society, Chicago, IL
Senior Fellow and Public Advocate, October 2017 to present

Open Society Foundations, New York, NY
Leadership in Government Fellow, January 2017-January 2018

Mozilla Foundation, San Francisco, CA
Fellow, February 2017-November 2018

Federal Communications Commission, Washington, DC
Counselor to the Chairman, March 2015 to December 2016
Special Counsel for External Affairs, November 2013 to February 2015

   Chief liaison to public interest, academic and industry 
        stakeholders for Federal agency that regulates communications 
        networks.

   Advised Chairman Tom Wheeler on a wide variety of 
        communications policy issues, including net neutrality, 
        municipal broadband, universal service programs, tribal 
        broadband, privacy and consumer protection.

   Keynote speaker at 20+ conferences and events annually 
        representing the Chairman.

   Conducted outreach to press and public through various 
        means, including social media.

Public Knowledge, Washington, DC
President & Chief Executive Officer, August 2001 to October 2013

   Co-Founder and Chief Executive Officer of public interest 
        organization focusing on the consumer and civic dimensions of 
        the Internet, digital technologies and intellectual property.

   Testified before Congressional Commerce and Judiciary 
        Committees.

   Managed and supervised 20-25 employees, up to 6 law clerks 
        and 3 program consultants.

   Frequent guest on national and local radio and television 
        and a speaker at dozens of conferences and seminars annually.

University of Colorado School of Law, Silicon Flatirons Center for Law, 
Technology & Entrepreneurship
Senior Adjunct Fellow, March 2008 to October 2013

University of Southern California--Annenberg Center
Non-resident Fellow, October 2006 to January 2008

Georgetown University, Washington, DC
Adjunct Professor, Fall 2002

Ford Foundation, New York, NY
Project Specialist, August 2000 to January 2001
Consultant, May 1999 to July 2000

   Developed strategic vision for new funding program in media 
        policy and technology.

   Developed and negotiated grants totaling $6,000,000 in FY99-
        01.

Benjamin N. Cardozo School of Law, Yeshiva University, New York, NY
Adjunct Professor, January 2001 to May 2001

University of Melbourne Faculty of Law, Graduate Studies Program, 
Melbourne, VIC
Senior Fellow, June 2000

Media Access Project, Washington, DC
Executive Director, September 1996 to March 2000
Deputy Director, November 1990 to August 1996
Staff Attorney, September 1988 to October 1990

   Served as chief executive of public interest communications 
        law firm.

   Litigated mass media, new technology and First Amendment 
        issues before the Federal Communications Commission, Federal 
        Courts and the United States Supreme Court.
       PROFESSIONAL APPOINTMENTS AND ACTIVITIES (partial listing)
Biden-Harris Campaign
Policy Volunteer, July 2020 to November 2020

Sports Fans Coalition NY, Inc.
Board Member, March 2020 to present

Open Markets Institute
Advisory Board Member, January 2020 to present

Electronic Frontier Foundation (EFF)
Board Member, December 2018 to present

Broadband Internet Technical Advisory Group (BITAG)
Co-Chair, December 2011 to October 2013
Member, Board of Directors, December 2010 to October 2013

Center for Copyright Information
Member, Advisory Board, September 2011 to October 2013

Obama-Biden Campaign
Policy Volunteer, May 2008 to November 2008

Advisory Committee on the Public Interest Obligations of Digital 
Television Broadcasters, Washington, DC (``Gore Commission'')
Member, October 1997 to December 1998

District of Columbia Bar Board of Governors, Washington, DC
Member, June 1997 to June 2000

District of Columbia Bar Task Force on Sexual Orientation and the Legal 
Workplace
Member, February 1996 to March 1999

Gay and Lesbian Attorneys of Washington (GAYLAW)
President, October 1994 to September 1997
                               EDUCATION
University of Pennsylvania, Law School, Philadelphia, PA
Juris Doctor, May 1986

Boston University, College of Communication, Boston, MA
Bachelor of Science in Broadcasting and Film, May 1983; Summa Cum Laude
                     PUBLICATIONS (partial listing)
I have had articles published in, among others, the Washington Post, 
CNN.com, Wired, Buzzfeed, NBC News Think, The Wall Street Journal, 
Variety, Legal Times, The Verge, Mashable and The Hill. I have also 
been an online columnist for the New York Times, Washington Post and 
Wired.

I have had book chapters published in Regulators Revenge, The Future of 
Telecommunications Deregulation, (Cato Institute 1998); The Future of 
Media, (Seven Stories Press 2005) and Media, Technology and Society: 
the Challenge of Digital Evolution (University of Michigan Press, 
2009). I have had six law review articles published.
                  HONORS AND AWARDS (partial listing)
Washingtonian ``Washington's Most Influential People'' (March 2021)

National Journal ``NJ 50: 50 people changing the game in Washington'' 
(November 2019)

Office of Communication of the United Church of Christ, Everett C. 
Parker Award (October 2018)

Coalition for Local Internet Choice ``National Champion for Local 
Internet Choice'' Award (October 2016)

One Community ``Broadband Hero'' Award (September 2014)

Non-Profit Times ``Power & Influence Top 50.'' (August 2011)

Electronic Frontier Foundation Pioneer Award (May 2006)
                                 ______
                                 
                              ATTACHMENT B
                   Gigi Sohn Publications & Speeches
Blog Posts & Opinion Articles
Benton Digital Beat: Mapping, Impact & Adoption: A Research Agenda For 
Effective Broadband Policy (Remarks before the Association of Public 
and Land-Grant Universities, January 28, 2021)

TechDirt Policy Greenhouse: The Trump FCC Has Failed to Protect Low-
Income Americans During a Health Crisis (December 4, 2020)

ProMarket: The Trump FCC Can't and Shouldn't Be the Internet Speech 
Police (November 5, 2020)

Day One Project: Restoring the Federal Communications Commission's 
Authority to Oversee the Broadband Market (October 2020)

Wired: Trump's FCC is Using Junk Data to Downplay Broadband Woes 
(September 29, 2020)

CNN Business: How to Make Broadband Affordable and Accessible for 
Everyone (September 9, 2020)

TechDirt Policy Greenhouse: The Most Important Privacy Case You've 
Never Heard Of (June 30, 2020)

Wired: During the Pandemic, the FCC Must Provide Internet for All 
(April 28, 2020)

Benton Digital Beat: Remembering Henry Geller (April 13, 2020)

The Verge: The FCC should let itself do more to keep Americans 
connected during the pandemic (March 26, 2020)

Benton Digital Beat: In Support of Maryland Net Neutrality Act 
(Testimony to Economic Matters Committee, Maryland House of Delegates, 
February 26, 2020)

Benton Digital Beat: Digital Equity and Broadband Adoption (Testimony 
before the U.S. House of Representatives, Committee on Energy & 
Commerce, Subcommittee on Communications & Technology, January 29, 
2020)

Benton Digital Beat: The State of Broadband 2020 (January 28, 2020)

Benton Digital Beat: The Not So Good, Very Bad and Really Weird Merger 
of T-Mobile and Sprint (Remarks to NTCA Rural Broadband Association 
Fall Legal Seminar, November 20, 2019)

Benton Digital Beat: Moving Backwards: consolidation, deregulation & 
lack of accountability in the U.S. media and broadband industries 
(September 23, 2019)

Benton Digital Beat: Nothing is Normal About the T-Mobile-Sprint Merger 
Review (June 18, 2019)

Wired: Why a T-Mobile Sprint Merger Would Be Bad for the Public (May 
22, 2019)

Benton Digital Beat: Protect Privacy in Maine (Testimony Before the 
Energy, Utilities and Technology Committee, Maine LD 946, an Act to 
Protect the Privacy of Online Customer Personal Information, April 24, 
2019)

Benton Digital Beat: Social Justice or Inequality: The Heart of the Net 
Neutrality Debate (Remarks before University of Pittsburgh Law School 
Symposium on Net Neutrality, March 1, 2019)

Benton Digital Beat: Flexibility, Humility, Connectivity: Three 
Ingredients for a Successful Career (Remarks before the Penn Law 
Women's Association Annual Dinner, February 6, 2019)

ProMarket: One Year After the Net Neutrality Repeal: the FCC Has 
Abdicated Its Role Protecting Consumers and Competition (December 14, 
2018)

Medium: One Year Later, Net Neutrality is Needed More than Ever 
(December 14, 2018)

Benton Digital Beat: Cities (and States) are Doing it for Themselves 
(Remarks before New England Connect) (November 8, 2018)

Benton Digital Beat: Bending the Arc Towards Media and Social Justice 
(Remarks upon receiving the Everett C. Parker Award) (October 11, 2018)

NBC News Think: Brett Kavanaugh's net neutrality views could have a 
broad impact if he joins the Supreme Court (September 4, 2018)

NBC News Think: Losing Net Neutrality Made it Harder for Santa Clara to 
Fight its Wild Fires (August 24, 2018)

ProMarket: Would Sen. Warner's Ambitious Plan to Regulate Social Media 
Giants ``Ruin'' the Internet--Or Save it? (August 13, 2018)

Benton Digital Beat: The U.S. Needs a New Policy Framework for an Open 
Internet Ecosystem (July 28, 2018)

Benton Digital Beat: Competition Policy for an Open Internet Ecosystem 
(July 25, 2018)

Benton Digital Beat: Regulatory Oversight and Privacy Policy for an 
Open Internet Ecosystem (July 24, 2018)

Medium: Progress in a Hostile Political Environment: Raising Awareness 
and Recruiting Foot Soldiers in the Battle for an Open Internet (June 
15, 2018)

Medium: The Time to get the Net Neutrality Rules Back is Now (May 15, 
2018)

Buzzfeed News: Two Companies Won, American Democracy Lost (June 14, 
2018)

Wired: Promises Mean Little for Consumers in T-Mobile-Sprint Deal (May 
18, 2018)

Wired: Ajit Pai's Plan Will Take Away Broadband from Poor People (with 
Amina Fazlullah) (February 21, 2018)

New York Daily News: Online innovation at risk following FCC's repeal 
of net neutrality rules (December 14, 2017)

Mashable: The FCC's proposal to kill net neutrality is worse than you 
think (November 22, 2017)

The Verge: The FCC is having a terrible month, and consumers will pay 
the price (November 15, 2017)

Medium: Fighting for Fast, Fair and Open Networks (October 11, 2017)

The Verge: It's time for Congress to fire the FCC chairman (September 
27, 2017)

American Constitution Society ACS Blog: The Assault on the Open 
Internet (June 24, 2017--no longer available online)

Mashable: How to write an impactful net neutrality comment (which you 
should definitely do) (June 17, 2017)

The Verge: Breaking down the FCC's proposal to destroy net neutrality 
(May 24, 2017)

Mashable: What to expect when you're expecting the net neutrality 
debate to begin (May 15, 2017)

Axios: Repealing net neutrality hurts innovators, consumers (April 27, 
2017)

Mashable: Consumers and innovators will lose if we kill net neutrality 
(April 17, 2017)

The Verge: The FCC's plan to kill net neutrality will also kill 
Internet privacy (April 11, 2017)

The Verge: You have just hours to stop Congress from giving away your 
web browsing history (March 28, 2017)

The Hill: FCC, FTC are playing a shell game with online privacy (March 
18, 2017)

Axios: Real net neutrality is rooted in Title II (March 2, 2017)

Benton Digital Beat Blog: First Lifeline, Now Broadband Program for 
Schools and Libraries in the FCC's Crosshairs (Feb. 22, 2017)

Benton Digital Beat Blog: Defending the Indefensible: Chairman Pai's 
Lifeline Reversal Will Widen the Digital Divide (February 9, 2017)

Wall Street Journal: Should Congress Overturn the Net Neutrality Rules? 
(March 17, 2013)

New York Times Room for Debate: Who Gets Priority on the Web? Consumer 
Choices on the Internet (February 21, 2013)

Billboard: Universal EMI Deal Would Harm Music Fans and Musicians (with 
Jodie Griffin) (July 16, 2012)

My Huffington Post blog posts from 2011-2013 can be found here.

My Public Knowledge Blog Posts from 2006-2013 can be found here.

CNET: Don't Blow it Congress (March 14, 2006)

Washington Post: Fairness, Not Silence (January 31, 1994)

Electronic Media: Fairness Doctrine Debate with Rush Limbaugh (est. 
early 1990s)
    I had articles published in Variety and the Legal Times in the 
1990s, but I can't remember the topics and can't find them online.
Journal Articles & Book Chapters
    I have had book chapters published in Regulators Revenge, The 
Future of Telecommunications Deregulation, (Cato Institute 1998); The 
Future of Media, (Seven Stories Press 2005) and Media, Technology and 
Society: Theories of Media Evolution (University of Michigan Press, 
2009).
    I have had six law review articles and notes published:

   Social Justice or Inequality: The Heart of the Net 
        Neutrality Debate, 80 University of Pittsburgh Law Review 779 
        (2019)

   A Policy Framework for an Open Internet Ecosystem, 2 Geo. 
        Law Tech. Rev. 335 (2018)

   Reflecting on 20 years Under the Telecommunications Act of 
        1996, 68 Federal Communications Law Journal 58 (2017)

   The Gore Commission Ten Years Later: Reimagining the Public 
        Interest Standard in an Era of Spectrum Abundance, 17 CommLaw 
        Conspectus 657 (2009)

   Don't Mess With Success: Government Technology Mandates and 
        the Marketplace for Online Content, 5 Journal on 
        Telecommunications and High Technology Law, 73 (2006)

   Broadcast Licensees and Localism: At Home in the 
        Communications Revolution, 47 Federal Communications Law 
        Journal, 384 (1994)(with Andrew Jay Schwartzman)
Speeches
    [I'm fairly positive that I gave speeches prior to 2008, but I 
don't have copies, can't recall them, and can't find them online]

Mapping, Impact and Adoption: A Research Agenda for Effective Rural 
Broadband Policy (Remarks to the Association of Public Land Grant 
Universities, January 28, 2021)

The Not So Good, Very Bad and Really Weird Merger of T-Mobile and 
Sprint (Speech NTCA: The Rural Broadband Association Fall Legal 
Seminar, November 20, 2019)

Moving Backwards: Consolidation, Deregulation & Lack of Accountability 
in the U.S. Media & Broadband Industries (Remarks to Centro De 
Investigacion y Docencia Economicas, A.C. Competencia en 
Telecommunications y Radiofusion: Disrupcion Technoglica y Neutralidad 
de Redes, September 23, 2019)

Social Justice or Inequality: The Heart of the Net Neutrality Debate 
(Remarks to the University of Pittsburgh Law Review Symposium: The Net 
Without Neutrality, Economic, Regulatory and Informational Impacts, 
March 1, 2019)

Flexibility, Humility, Connectivity: Three Ingredients for a Successful 
Career (Remarks to the Penn Law Women's Association Dinner, February 
19, 2019)

Remarks before Connected New England 11 (November 8, 2018)

Bending the Arc Towards Media & Social Justice (Remarks to the Office 
of Communication of the United Church of Christ Everett C. Parker 
Lecture, October 11, 2018)

The FCC: Can't Live With it, Don't Want to Live Without it (Remarks to 
the Great Lakes Connect Conference, September 26, 2018)

Remarks on the Future of Local Internet Choice (October 18, 2016)

Connecting Anchor Institutions: A Broadband Action Plan (Remarks to 
2016 SHLB Annual Conference, July 13, 2016)

Remarks at Net Inclusion, the National Digital Inclusion Summit (May 
16, 2016)

Remarks to New America Foundation (March 23, 2016)

Remarks to Emerging Issues Policy Forum, Digital Pathway Summit 
(January 14, 2016)

Remarks to ECTA Regulatory Conference (November 17, 2015)

Remarks to Partnership for Progress on the Digital Divide Conference 
(October 22, 2015)

Consumer Protection in the Broadband Era: The Role of the FCC (Remarks 
to the 4th annual Professor Anthony J. Santoro Business Law Lecture 
Series, September 25, 2015)

What the Future Holds for Local Governments (Remarks to NATOA Annual 
Conference, September 9, 2015)

Remarks to the Fiber to the Home: Fiber on Fire Conference (June 30, 
2015)

Remarks to Westminster, MD Fiber Launch Party (June 26, 2015)

Remarks to Third Annual New York State Broadband Summit (June 11, 2015)

Halftime at the Wheeler FCC (Remarks to Media Institute Communications 
Forum, June 4, 2015)

Remarks to Moving Towards a Gigabit State (May 4, 2015)

The Art of the Possible (Remarks to the One Community Annual Meeting, 
September 10, 2014)

FCC: Out to Lunch (Remarks to the Personal Democracy Forum, June 13, 
2013)

The Broadband Ecosystem: Living with the Cloud (Remarks to the 17th 
Annual Oregon Connections Telecommunications Conference, October 18, 
2012)

Remarks to Communication Power: Net Neutrality and the Public Commons 
(April 28, 2010)

Keynote Speech at Free Culture X (February 13, 2010)

Remarks to Copyright Monopoly: Playing the Innovation Game (May 28-30, 
2008)

IT Perspectives Inside the Beltway (Remarks to EDUCAUSE/Cornell 
Institute for Computer Policy & Law, July 2007)
                                 ______
                                 
                              ATTACHMENT C
    Gigi Sohn Testimony Before U.S. Congress, State Legislatures & 
                         Administrative Bodies
Maryland House of Delegates, Economic Matters Committee: In Support of 
House Bill 957, Maryland Net Neutrality Act of 2020 (Feb. 26, 2020)

House Energy and Commerce Committee, Communications and Technology 
Subcommittee: ``Empowering and Connecting Communities through Digital 
Equity and Internet Adoption'' (January 29, 2020)

Maine State Legislature, Joint Energy, Utilities and Technology 
Committee, hearing on L.D. 946, An Act to Protect Privacy of Online 
Customer Personal Information (April 24, 2019)

Federal Trade Commission Hearing on Competition and Consumer Protection 
in the 21st Century (March 20, 2019) (no prepared remarks)

House Judiciary Committee, Antitrust Subcommittee: The State of 
Competition in the Wireless Market: Examining the Impact of the 
Proposed Merger of T-Mobile and Sprint on Consumers, Workers, and the 
Internet: (March 12, 2019)

Connecticut General Assembly, Energy & Technology Committee: Hearing on 
Senate Bill No. 2, An Act Concerning Internet Service Providers and Net 
Neutrality Principles (March 8, 2018)

U.S. Senate Committee on Indian Affairs: Oversight Hearing on the GAO 
Report on ``Telecommunications: Additional Coordination and Performance 
Measurement Needed for High-Speed Internet Access Programs on Tribal 
Lands'' (April 27, 2016)

U.S. Senate Committee on Commerce, Science and Transportation, 
Subcommittee on Communications, Technology and the Internet. State of 
Wireline Competition (July 25, 2013)

House Energy and Commerce Committee, Subcommittee on Communications & 
Technology: The Future of Video (June 27, 2012)

U.S. Senate Committee on the Judiciary, Subcommittee on Antitrust, 
Competition Policy and Consumer Rights: The Universal Music Group/EMI 
Merger and the Future of Online Music (June 21, 2012)

U.S. Senate Committee on the Judiciary, Subcommittee on Antitrust, 
Competition Policy and Consumer Rights: The AT&T/T-Mobile Merger: Is 
Humpty Dumpty Being Put Back Together Again? (May 11, 2011)

House Judiciary Committee, Subcommittee on Intellectual Property, 
Competition and the Internet: Ensuring Competition on the Internet: Net 
Neutrality an Antitrust (February 15, 2011)

U.S. Senate Committee on Commerce, Science and Transportation: 
Broadband Providers and Consumer Privacy (September 25, 2008)

FTC Hearing on Broadband Connectivity and Competition (2007) (no 
prepared remarks or transcripts available)

U.S. Senate Committee on the Judiciary, Subcommittee on Antitrust, 
Competition Policy and Consumer Rights: The XM-Sirius Merger: Monopoly 
or Competition from New Technologies? (March 20, 2007)

House Energy and Commerce Committee, Subcommittee on Telecommunications 
and the Internet: The Audio and Video Flags: Can Content Protection and 
Technological Innovation Coexist? (June 27, 2006)

U.S. Senate Committee on the Judiciary: The Analog Hole: Can Congress 
Protect Copyright and Promote Innovation? (June 21, 2006)

House Judiciary Committee, Subcommittee on the Courts, Intellectual 
Property, and the Internet: Content Protection in the Digital Age: The 
Broadcast Flag, High Definition Radio, and the Analog Hole (November 3, 
2005)

House Judiciary Committee, Subcommittee on the Courts, Intellectual 
Property, and the Internet: Piracy of Intellectual Property on P2P 
Networks (September 26, 2002) (attached)

    I am fairly confident that I testified before U.S. Congressional 
committees between September 26, 2002 and November 2005, but I can't 
find any testimony. I would guess that I testified at least twice 
during that time period, either before one of the Judiciary or Commerce 
Committees. I also testified at least once when I worked at Media 
Access Project in the 1990s, but I can't recall the subject matter and 
it doesn't exist online.
                                 ______
                                 
         Statement of Gigi B. Sohn, President, Public Knowledge

      ``Piracy of Intellectual Property on Peer-to-Peer Networks''

                       House Judiciary Committee
     Subcommittee on Courts, the Internet and Intellectual Property
                             Washington, DC
                           September 26, 2002
    Chairman Coble, Congressman Berman and other members of the 
Subcommittee, my name is Gigi B. Sohn. I am the President of Public 
Knowledge, a new nonprofit public interest organization that seeks to 
ensure that citizens have access to a robust public domain, an open 
Internet and flexible digital technology.
    I want to thank the Subcommittee for holding this important hearing 
on the great promise of peer-to-peer (P2P) networks and some of the 
perils associated with their use. I am honored that you have chosen my 
organization to represent the citizen/consumer perspective at this 
hearing.\1\
---------------------------------------------------------------------------
    \1\ Public Knowledge is working in partnership with the Center for 
Democracy and Technology and Consumers Union on P2P and related digital 
copyright issues.
---------------------------------------------------------------------------
    My hope is that this hearing will further advance the dialogue that 
Public Knowledge and other public interest organizations have already 
begun with the various interested industries and with policymakers. 
That dialogue is intended to find solutions that provide the content 
industry with a ``reasonably secure'' digital environment for its 
content while ensuring that citizens retain their rights under 
copyright law and continue to have access to an open Internet and the 
kind of flexible technology that they have come to expect and enjoy.
    P2P Technology is Changing the Face of Computing--For the Better
    In just two years, P2P has become a computing phenomenon. Millions 
of Internet users are communicating with each other through P2P file 
sharing software programs that allow a group of computer users to share 
text, audio and video files stored on each other's computers. While the 
P2P applications we know today are just a few years old, the technology 
underlying P2P is at the heart of the Internet. The Internet was 
designed to be a distributed system of linked computers in which users 
could freely share content and data stored on each other's computers.
    Few disagree that P2P networks are already changing the way 
businesses, educators, artists and ordinary citizens use their 
computers. In businesses, for example, they offer an alternative to 
centralized server-based sharing of documents and projects.\2\ The vast 
majority of these changes are positive. By linking together individual 
computers and distributing their power, P2P technology is superior to 
the centralized server approach because it:
---------------------------------------------------------------------------
    \2\ A recent Gartner Research Note (Technology T-16-2550, September 
16, 2002) predicts that ``[b]y 2005, 10 percent of business 
interactions will occur via P2P-enabled technologies (0.7 
probability).''

---------------------------------------------------------------------------
   is more robust and resilient

   is more cost effective

   is faster and more reliable

   harnesses bandwidth and storage resources that would 
        otherwise go unused

   enables real-time collaborative work

    Already, both public and private P2P networks are helping small and 
large businesses (including content companies), universities, artists 
and others work collaboratively and more efficiently. Here are some 
examples:

   The University of North Carolina at Chapel Hill. Robert 
        Kirkpatrick, Distinguished Associate Professor of English and 
        Director of the London Summer Honors Program at the University 
        of North Carolina at Chapel Hill, used Groove Network's P2P 
        tools to manage a class in the composition of poetry. Among 
        other things, Kirkpatrick used P2P technology to encourage 
        collaborative editing and comment on students' work, adjust the 
        syllabus, archive course materials, and create a list of links 
        to resources of poetic forms and vast archives of complete 
        works of poems and critical writing. The class also uses the 
        Groove tools for a class forum and an announcement board to 
        share information on musical, dramatic and other events on 
        campus. Kirkpatrick said that P2P technology ``makes it 
        possible to extend that most expensive form of education--one-
        on-one tutorial--into a cohesive class experience. . . . It 
        comes very close to being, for me, the ideal academic tool.'' 
        \3\
---------------------------------------------------------------------------
    \3\ www.groove net/solutions/testimonials/education/unc.html

   CenterSpan. CenterSpan is a distributed content delivery 
        network licensed to distribute copyrighted digital content from 
        major media companies. Earlier this year, CenterSpan announced 
        an agreement with Sony Music Entertainment whereby CenterSpan's 
        secure P2P network provides music from Sony Music artists to a 
        wide variety of online service providers seeking to offer their 
        subscribers streaming and downloadable music.\4\
---------------------------------------------------------------------------
    \4\ Statement of Frank G. Hausmann, Chairman and CEO Centerspan 
Communications Corporation before the House Judiciary Committee 
Subcommittee on Courts, the Internet and Intellectual Property, June 5, 
2002.

   J!VE Media. J!VE Media is the creator of a suite of digital 
        video packaging, digital rights management and media delivery 
        services which enable content providers to distribute protected 
        digital video content via publicly accessible P2P networks, 
        including the Gnutella Network (which includes users of 
        LimeWire and Morpheus) and the Fastrack Network (which includes 
        users of KaZaA and Grokster). J!VE uses P2P distribution 
        technology because it allows content owners to rely almost 
        entirely on users to provide the most costly computing 
        resources involved in digital distribution: data storage and 
        bandwidth. J!VE distributes only authorized content, and its 
        customers include: 1) the Priority Records division of the EMI 
        Recorded Music Group; 2) Koch International, the world's third 
        largest independent music label; and 3) The Comedy Network, 
        Canada's 24 hour comedy cable channel.\5\
---------------------------------------------------------------------------
    \5\ Declaration of Sean Mayers in Support of MusicCity.Com Inc.'s 
and MusicCity Networks, Inc.'s Motion for Partial Summary Judgment in 
MGM Studios v. Grokster, www.eff.org/IP/P2P/MGM_ v_Grokster/
20020122_mayers_decl_html

   Project Gutenberg. Project Gutenberg seeks to convert to 
        ebook form, and widely distribute over the Internet, over 4500 
        works from the King James Bible to Shakespeare to the CIA World 
        Fact Book. These works are either in the public domain or 
        authorized by copyright owners for distribution. One of the 
        chief hurdles facing Project Gutenberg and public domain 
        projects like it has been the expense of hosting and 
        distributing the resulting files. Today, these expenses are 
        being reduced, and valuable public domain works are reaching 
        more people, because these texts are being distributed over P2P 
        networks.\6\
---------------------------------------------------------------------------
    \6\ Declaration of Gregory Newby in Support of MusicCity.Com Inc.'s 
and MusicCity Networks, Inc.'s Motion for Partial Summary Judgment in 
MGM Studios v. Grokster, www.eff.org/IP/P2P/MGM_v_Grokster/
20020122_newby_decl.pdf.

   Furthur Network. The Furthur Network is a non-commercial, 
        open source, P2P network of legal live music. Music lovers 
        download and share music from each other. Musicians that allow 
        the non-commercial taping and trading of their live 
        performances are allowed on this publicly accessible P2P 
        network. This would include bands like the Grateful Dead, the 
        Allman Brothers Band and the Dave Matthews Band. TDK, the 
        consumer electronics and recordable media company has recently 
        recognized the importance of this segment of the music industry 
        by sponsoring the third annual Jammy Awards, which honors 
        musicians who focus their art on live music. In the words of 
        Bruce Youmans, TDK's Vice President of Marketing, ``There are 
        literally hundreds of sources, including directly from some of 
        the artists performing at the Jammys, for legally acquiring 
        today's best music without infringing on artists' copyrights.'' 
        \7\
---------------------------------------------------------------------------
    \7\ www.furthurnet.com

    All indications are that P2P technology will stimulate our economy 
if it is allowed to flourish. As with any successful new technology, 
innovators will seek to capitalize by developing new applications for 
P2P.\8\ Moreover, since every computer on a P2P network becomes, in 
effect, a file server for every other computer, it is likely that 
businesses and individuals will demand faster and more powerful PC's. 
Equally as important, many experts predict that increased use of P2P 
networks will drive up the demand for broadband.\9\ It is not difficult 
to see why--using the increased bandwidth capabilities of a P2P 
network, a homeowner using only a DSL line could send files at a speed 
and capacity that is eight times faster than a T-1 line!
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    \8\ One exciting P2P application that is in its nascent stages is 
``P2P signing'' for the deaf and hard of hearing. Through this 
application, an interpreter in one location can use high-speed 
communications and low-cost video cameras to provide interpreting 
services to consumers at other locations across the country. Frank G. 
Bowe, Broadband and Americans with Disabilities at 2 (2002), www 
newmillenniumresearch.org/broadband.html.
    \9\ Amy Kover, Napster: The Hot Idea of the Year, Fortune Magazine, 
June 26, 2000. See also, Understanding Broadband Demand, A Review of 
Critical Issues, Office of Technology Policy, U.S. Department of 
Commerce at 16 (September 23, 2002), www.ta.doc.gov/reports/TechPolicy/
Broadband_020921.pdf
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               Like Other Technologies, P2P Can Be Abused
    Despite the recognition of Congressman Berman and other legislators 
of the enormous promise of P2P networks,\10\ the focus of this hearing 
is on their abuses--that is, the illegal sharing of copyrighted 
material over these networks. Let me be clear--Public Knowledge does 
not condone the illegal sharing of files on any network--be it P2P or 
otherwise. We believe in the constitutional and historical purpose of 
copyright protection, that is, to encourage the creation of new 
artistic works for the ultimate benefit of the public. That purpose is 
not well served by individuals who engage in large scale illegal file 
trading. As discussed below, we think that the content industry has 
several avenues available to it to curb these abuses that will also 
preserve the technology and the rights and expectations of consumers 
and computer users.
---------------------------------------------------------------------------
    \10\ Speech by the Honorable Howard L. Berman to the Computer and 
Communications Industry Association Regarding Solutions to Peer to Peer 
Piracy (June 25, 2002), www house.gov/berman/p2p062502 html (``P2P 
networks represent as much of an opportunity as a threat to copyright 
creators. P2P represents an efficient method of information transfer, 
has the potential to greatly reduce the costs associated with server-
based distribution systems, and can support a variety of legitimate 
business models.'')
---------------------------------------------------------------------------
    That being said, my fear is that the emphasis on the abuses of P2P 
networks may well give rise to actions that could ultimately destroy 
the promise of this technology. As discussed below, proposed laws like 
H.R. 5211 could lead to actions by copyright owners that could 
literally bring these and other networks to a sudden and unfortunate 
halt. Even where the copyright owner's motives are the most benign, 
actions authorized by this bill could seriously tax these valuable 
networks by making them less efficient, more unstable, and subject to 
greater private control. That is not good for consumers, the tech 
industry or the content industry, which believes, as I do, that it will 
figure out how to harness P2P technology and profit. Thus, it is not 
just the illegal activity that might be slowed by the kinds of self 
help techniques authorized by this bill, but also every legitimate 
current and yet-to-be-developed business dependent upon the promise of 
P2P technology.
    P2P networks, like other technologies (e.g., cars, telephones) can 
be used for good, or they can be abused. But we don't outlaw these 
technologies or limit their legitimate use because of the possibility 
(and yes, even the probability) that someone will use them to do harm. 
Public Knowledge supports targeted mechanisms to limit abuses of these 
networks. But we cannot support laws or technological measures that 
harm legitimate uses of the technology in the effort to curtail 
illegitimate ones.
The Content Industry Has Tools at Its Disposal Which, If Used Together, 
    Can Limit the Impact of Illegal File Trading Over P2P Networks.
    Over the past several months, my staff and I have had a number of 
productive conversations with various sectors of the content industry. 
While we have not agreed on everything, I have appreciated their 
willingness to be candid and engage in a continuing dialogue. One thing 
the various sectors of the industry have been willing to admit is that 
infringement cannot be stopped completely. This is true with regards to 
physical infringement as well as virtual infringement.
    Thus, the critical question becomes: how can the effect of illegal 
file trading over the Internet be limited without eroding the 
legitimate consumer/computer user rights and expectations? I propose a 
combination of three tools:
Enforcement of Existing Laws
    Both the Copyright Act and the Digital Millennium Copyright Act 
provide for remedies for certain unlawful uses of copyrighted 
material.\11\ There is little evidence and indeed, the content 
industries do not claim, that when the law is enforced it is 
ineffective. In fact, when the content industries choose to enforce 
their rights under these laws, like in the Napster, Audiogalaxy and 
Madster (aka ``Aimster'') cases, they have succeeded.
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    \11\ 17 U.S.C. Sec. Sec. 501-507; 17 U.S.C. Sec. Sec. 091204; 18 
U.S.C. Sec. Sec. 2318-2319A.
---------------------------------------------------------------------------
    Despite its claims that billions of songs have been illegally 
downloaded, we are not aware of a single case in which the recording 
industry has taken legal action against an individual downloader. The 
problem is that the recording industry apparently does not want to 
enforce the rights it claims when it comes to illegal P2P file trading 
because it looks bad to sue its own customers. Therefore, the industry 
has decided instead to shift that burden onto other corporations, and 
in particular, ISPs. As many of you know, the RIAA is seeking to force 
Verizon to hand over the names of its customers based solely on the 
RIAA's allegations that those customers are engaging in infringing 
activity. Verizon, backed by civil liberties and other public interest 
organizations such as my own, has argued, among other things, that 
forcing ISPs simply to give copyright owners the names of their 
customers without a judicial determination that they may be engaged in 
any illegal conduct would violate the constitutionally mandated privacy 
and anonymity rights of their customers, and put ISPs in the untenable 
position of having to respond to the numerous identification requests 
that would inevitably result.
    Were Verizon and other ISPs to comply with such requests, the RIAA 
would be empowered to collect sufficient information with which to 
conduct investigations of potential defendants and engage in 
surveillance over a period of days or even years, choosing to sue the 
defendants presenting the worst facts and having profiles least likely 
to garner public or judicial sympathy. As is often said, bad facts make 
bad law. The RIAA plan appears to have no other purpose than to find 
the worst facts before seeking an interpretation of its legal rights.
    Verizon's refusal to succumb to the RIAA's request does not leave 
the industry without a remedy. It can bring a ``John Doe'' lawsuit 
against anonymous infringers and serve Verizon with a third-party 
subpoena pursuant to Fed. R. Civ. P. 45. Once the industry has 
satisfied a judge that its allegations of infringement have evidentiary 
support, Verizon (and other ISPs) will be required to make available 
those names. With ``robot'' technology that allows the industry to 
pinpoint the most egregious uploaders with some (but by all means not 
perfect, see discussion below) accuracy, the industry's complaint that 
it would have to bring numerous expensive lawsuits rings hollow. Unless 
the industry wants to sue every person with a handful of infringing 
files on its hard drive, it has the economic and technological means to 
locate the kind of large scale alleged infringer that it would want to 
bring to court.
    An industry-initiated law suit against a large scale infringer 
could also have the benefit of serving as a deterrent to other bad 
actors. As we have seen in other contexts, specifically targeted 
lawsuits and other legal action can have a deterrent effect, and also 
educate the public as to what is legal. But if the industry refuses to 
bring targeted cases, we will only be left with unfounded complaints 
that the copyright law provides a ``right without a remedy.'' The 
remedies exist, but copyright owners must take up the challenge of 
invoking them.
Non-Invasive Self-Help
    Public Knowledge does not oppose the use of reasonable non-invasive 
self-help techniques by the content industry. By non-invasive, we mean 
techniques that do not entail a third party attacking a file located on 
a computer hard drive (or denial-of-service attacks on individual users 
or on providers). Examples of non-invasive self-help include spoofing, 
flooding, decoy, spoiler files and redirection. Many of these 
techniques involve the intentional distribution of phony or corrupted 
files that an individual seeking to make an unlawful reproduction will 
then download. Others will send downloaders to legitimate sites. What 
distinguishes these techniques is that they are activated by an 
individual's affirmative effort to obtain an unlicensed copy of a file.
    On the other hand, Public Knowledge cannot support self-help 
techniques that permit the copyright owner to block access to an 
individual's computer hard drive for the purpose of making an allegedly 
illegal file unusable or incapable of being downloaded. In the most 
popular of these techniques, commonly known as Interdiction, a computer 
program repeatedly requests the same file from a particular P2P network 
user. As a result, no one else can get to that file, or to any other 
file on that user's computer even if the other files to which access is 
sought are perfectly legal and downloading them is perfectly lawful.
    There are several problems with self-help techniques of this kind. 
The first, of course, is that the program, or robot, could be mistaken 
in its determination that a file is one that warrants protection. While 
we have received assurances from the RIAA that the ``bots'' that its 
member companies use are extraordinarily accurate, evidence submitted 
in its pending litigation with Verizon demonstrates otherwise. For 
example, UUNet, an ISP, was sent a notice by Warner Brothers, owner of 
the copyright to the motion picture ``Harry Potter and the Sorcerer's 
Stone.'' The notice asked UUNet to disable access to a user, 
identifying as the single infringing file a 1K file named ``harry 
potter book report.rtf.'' The size and type of the file make it clear 
that the file was nothing more than a child's school book report on a 
Harry Potter book. The record includes other examples of similar 
inaccuracies.\12\
---------------------------------------------------------------------------
    \12\ Motion for Leave to File and Brief Amicus Curiae of United 
States Internet Service Provider Association in Support of Respondent 
filed in Recording Industry Association of America v. Verizon Internet 
Services, Case No. 1:02MS003323 at 6-12.
---------------------------------------------------------------------------
    Moreover, it is important to remember that the members of the RIAA 
will not be the only copyright owners capable of using these 
techniques, particularly if H.R. 5211 becomes law. The fact that 
Interdiction not only makes unavailable the allegedly infringing file, 
but also makes the rest of the user's files unavailable only 
exacerbates this problem.
    A second concern is that Interdiction and similar self-help 
techniques punish individuals for ``making available'' copyrighted 
content, regardless of whether that content was legally obtained or 
not. Such punishment would extend copyright protection beyond what the 
law currently allows. Unlike in the European Union, U.S. copyright law 
does not give a copyright owner a separate right to ``make available'' 
his work. Efforts to include such a right here have been heretofore 
rejected.
    Finally, we are concerned with the worst case scenario--that 
repeated requests or similar actions could prevent a user from 
accessing the Internet for any other purpose, resulting in a so-called 
``denial of service.'' Regardless of whether an individual has an 
infringing file, denial of service caused by self-help will burden ISPs 
and other network users, both indirectly and directly. This is 
particularly true where such attacks can be done secretly, such that a 
user's first call will be to its own ISP to complain about a 
malfunction. Even on a network where a loss of service for one may not 
directly affect other users, every denial of service claim requires ISP 
time and resources to figure out its cause, causing it to spend less 
time on other, more serious service problems, which might be caused by 
cyberterrorism, other security breaches or legitimate technological 
breakdowns. This has an indirect effect on all the other customers on 
an ISPs network and also burdens the entire network. Moreover, with 
some ISP networks (particularly the shared architecture of cable modem 
service), the service quality of innocent ISP customers could be 
directly affected if invasive self-help leads to a denial of service 
for another customer--in other words, innocent ISP customers are harmed 
by the acts of one suspected infringer.
    Legitimizing and harboring invasive self-help has startling 
implications. Again, whether the large content companies use techniques 
that are more accurate and often unrecognized by the computer user is 
nice, but is largely beside the point. If expressly permitted or 
protected, self-help of various shapes and sizes will be available to 
all copyright owners, some of whom may believe that it is perfectly 
within their rights to launch denial of service attacks. Some of these 
attacks may affect actual infringers, while some almost certainly will 
affect innocent parties, who will have no idea why they (or others) 
cannot access their files or why their Internet service is not working. 
These attacks will likely provoke retaliatory attacks by some users, 
and the acquisition of defensive software by others. Soon, the Internet 
will look like the Wild West, with self help bots and bot blockers 
replacing guns as the weapon of choice.
    The collective impact of all these self help efforts, particularly 
if they are sanctioned by law, might be to reduce or eliminate the 
effectiveness of the Internet as a communications medium in a number of 
ways, from consuming bandwidth to forcing ISPs into imposing crippling 
terms-of-service agreements. The final victim of this Internet free-
for-all, of course, would be rollout of broadband, for which P2P is the 
``killer app.''
Promoting Competition to Build a New Business Model
    Last June, at the request of USA Today, I spent several hours 
discussing digital media issues with a number of top executives from 
the content and consumer electronics industries. What struck me was 
that the New York representatives of the content industries all agreed 
on one thing: that they had to create new business models that take 
advantage of the low cost, ubiquity and speed of the Internet. In 
answering the question of whether the recording industry had responded 
to the Internet needs of its customers, John Rose, Executive Vice 
President of the EMI Group stated:

        There's no question that this industry, like every other 
        industry that went through this, didn't deal with it in as 
        forward-thinking a manner as it could have. The real question 
        is: here's where we are, what do we do about it? There's no way 
        you're going to constrain the Internet, . . . The question is, 
        can you come up with economic models to empower guys like Alan 
        [McGlade of MusicNet, an industry-backed online music service]? 
        \13\
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    \13\ ``Digital Technology, Reshaping industries, lifestyles,'' USA 
Today, June 25, 2002 at 4E.

    These content industry executives believe, as I do, that if they 
can provide easy access to a wide range of high quality content at a 
fair price, most consumers looking for content over the Internet will 
choose their services.\14\ In other words, they believe that they can, 
in fact, ``compete with free.'' \15\ Rob Reid of Listen.com, an online 
subscription music service that licenses music from the recording 
industry, said as much in a recent Department of Commerce Forum:
---------------------------------------------------------------------------
    \14\ The Office of Technology Policy at the U.S. Department of 
Commerce apparently agrees, Understanding Broadband Demand, A Review of 
Critical Issues, Office of Technology Policy, U.S. Department of 
Commerce at 17 (September 23, 2002), www.ta.doc.gov/reports/TechPolicy/
Broadband_020921.pdf (``There is considerable belief that creative, 
legal, for-profit sites can out-compete ``free'' alternatives. Industry 
will need to develop technologies that can protect digital content, 
ensure that legal services have the resources . . . to out-compete 
illegal exchanges, educate consumers about the need to respect 
intellectual property on the Internet, cooperate across sectors and 
deliver content in ways and on platforms that consumers want. . . .'')
    \15\ Bon Jovi and its record company, Vivendi Universal SA's 
Universal Music Group, is competing with free by giving fans who buy 
their CDs ``Bon Jovi Exclusives,'' including preference in buying 
concert tickets, the possibility of climbing on stage and other band-
related perks. Jennifer Ordonez and Charles Goldsmith ``Bon Jovi Uses 
`Bounce' To Battle Music Pirates,'' 
Wall Street Journal, September 16, 2002, online.wsj.com/
article_print0,,SB1032116819378018
35,00.html.

        The way I compete [with free] is I have to create a service 
        that's better than free, which is hard to do. I mean, that's 
        hard to do. I mean, that's a tough proposition, but the good 
        news is people do opt for things that are better than free all 
        the time. If they didn't, you know, we'd be eating at soup 
        kitchens every night, and not going to restaurants. And just 
        looking around this table, I see a bottle of Poland Springs . . 
        . that tells us that designer water is a multi-billion dollar 
        industry, and that comes out of the faucet for free. So better 
        than free does exist. . . .\16\
---------------------------------------------------------------------------
    \16\ Statement of Rob Reid, Founder and Chairman of Listen.com, 
Understanding Broadband Demand: Digital Rights Management Workshop, 
July 17, 2002, U.S. Department of Commerce, Technology Administration 
www.ta.doc.gov/reports/TechPolicy/DRM_-9020717_htm

    Despite the fact that industry efforts to bring content online have 
been going on for years, a successful business model has not emerged. 
One of the reasons this is so is that creating such a model is not a 
simple task--it takes time, resources and sometimes plain dumb 
luck.\17\ But I believe that there are two other reasons a business 
solution has been slow in coming: 1) the same industry minds have been 
attacking the same problem for all that time, and 2) the industry has 
refused to permit others to try and figure out how best to deliver 
content over the Internet.
---------------------------------------------------------------------------
    \17\ A recent New York Times article details the challenges faced 
by online music services (including those backed by the recording 
industry) in getting permission to sell certain songs over the 
Internet. Amy Harmon, ``Copyright Hurdles Confront Selling of Music on 
the Internet,'' NY Times, September 23, 2002 at C1.
---------------------------------------------------------------------------
    If the content industries are sincere in their desire to create new 
business models (and I believe that they are), then they should give 
others the opportunity to help them to do so. Not for free--for 
example, the recording companies could license their music to various 
online retailers and ask the licensee for the same statutory rate that 
the publisher gets ($0.08) for each song the licensee sold online. 
Retailers who choose to offer them to the public must all pay the same 
``wholesale'' price but can then compete vigorously with each other to 
find the business proposition most appealing to consumers. This is a 
win-win situation. The copyright owner gets paid, and a competition 
ensues to build an online music service that provides a high quality, 
large catalogue at a reasonable price. In fact, several successful 
business models could emerge that are entirely different than anything 
being contemplated today and appeal to different types of consumers, 
just as retail stores do for pre-packaged goods. There will be 
failures, no doubt--but until innovators and entrepreneurs are given a 
chance to fail, the chances that success will be achieved are greatly 
diminished, and the public benefit from broad and competitive 
dissemination will surely be lost.\18\
---------------------------------------------------------------------------
    \18\ This week's announcement by the Warner Music Group that it 
would begin selling digital singles starting at 99cents through 
retailers like Bestbuy.com and MTV.com is a good start. Amy Harmon, 
``Warner to Sell Digital Signals Online,'' NY Times, September 24, 2002 
at C9.
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            H.R. 5211 is a Well-Intentioned but Flawed Bill
    Public Knowledge appreciates the good intentions of Reps. Berman, 
Coble, Smith and Wexler in sponsoring H.R. 5211. We believe that they 
are sincere in their desire to encourage P2P technology and to stem the 
flow of illegal file sharing.
    Unfortunately, these good intentions cannot save this flawed bill. 
Part of the problem is that because P2P technology underlies the entire 
Internet, it is difficult to draft legislation that addresses specific 
P2P networks such as Morpheus and KaZaA without also including the 
entire Internet and World Wide Web in its scope. Also, as discussed 
above, it is difficult to imagine certain ``self-help'' techniques that 
could interfere with specific P2P networks that would not also put the 
efficient functioning of the larger Internet at risk, impose enormous 
new tech support burdens on ISPs and impair customer satisfaction with 
broadband. Finally, as discussed above, while we may accept that some 
of the techniques now in use by the content industries are somewhat 
benign, this bill allows for self-help by all copyright owners--some of 
whom may not have the same concerns about upsetting their customers as 
do large content companies.
    Among the provisions in this bill that are the most troublesome 
from a consumer perspective are:

   The bill gives copyright owners extraordinary powers to 
        engage in self-help. H.R. 5211 grants copyright owners and 
        their agents the right to break any law, state or federal, 
        civil or criminal, in furtherance of ``disabling, interfering 
        with, blocking, diverting or otherwise impairing'' the 
        availability of his or her copyrighted works on a public P2P 
        network. This extraordinary power is limited by five vague 
        conditions: 1) the copyright owner may not ``alter, delete, or 
        otherwise impair the integrity of any computer file or data 
        residing on the computer of a file trader'' (Subsection (a)); 
        2) the owner must not impair the availability of files on a 
        targeted computer other than the works the copyright owner 
        owners except as ``reasonably necessary'' (Subsection 
        (b)(1)(a)); 3) the copyright owner may not cause ``economic 
        loss'' to any person other than the targeted file trader 
        (Subsection (b)(1)(B)); 4) the copyright owner may not cause 
        ``economic loss of more than $50'' to the targeted file trader 
        (Subsection (b)(1)(C)); and 5) the copyright owner must notify 
        the Attorney General seven days before engaging in self-help 
        (Subsection (c)).

    These conditions leave the door wide open for abuse by the 
        copyright owner and harm to computer users. For example, the 
        limitations on altering and deleting files in subsection (a) 
        conceivably would not prevent a copyright owner from cutting a 
        user's DSL line or even his phone line, or knocking his 
        satellite dish off his roof. The ``as reasonably necessary'' 
        language of subsection (b)(1)(a) is undefined and invites a 
        raft of excuses for why an individual's non-infringing files 
        were impaired by self-help. The subsections prohibiting 
        ``economic loss'' do not cover any non-economic loss that a 
        target file trader or innocent victim may incur. And Subsection 
        (c)'s notice provision is toothless: there is nothing in the 
        bill that gives the Attorney General guidelines by which to 
        judge self-help techniques or the power to reject them. All 
        that is required by that subsection is notice.

   The bill shifts the burden of using self-help mechanisms 
        onto the consumer. Currently, the content industries are very 
        careful about the type of self-help techniques they use. This 
        is not only for public relations reasons--the misguided use of 
        these techniques that harms an innocent party could also result 
        in serious legal liability for a copyright owner. By providing 
        a safe harbor for a whole range of non-invasive and invasive 
        self-help techniques, H.R. 5211 removes the incentives and 
        sanctions that currently impel content owners and others to be 
        careful in their self-help. While the damage limitation for 
        bringing a legal action for misguided self-help is only $250, 
        copyright owners know that most victims will never sue because 
        it is not worthwhile to do so; the damage rarely will be large 
        enough to justify the time and cost of litigation.\19\
---------------------------------------------------------------------------
    \19\ This is exacerbated by the fact that under the bill, a victim 
must first ask the Attorney General to decide whether her complaint is 
a valid one.

    Equally as troubling is the fact that the bill creates no 
        obligation for the copyright owner to notify a victim that her 
        Internet access has been impaired. If they are subject to 
        misguided self help, the vast majority of computer users will 
        have no idea why their computer has broken down or why they can 
        no longer access certain files. Without a notice requirement, 
        even a tech-savvy victim who figures out what has occurred and 
        decides to bring a lawsuit will not likely know whom to sue. 
        Only if the victim can figure out exactly who impaired her 
        system (among millions of copyright owners) can she then ask 
---------------------------------------------------------------------------
        for the reasons for that action. Subsection (c)(2)(A).

   The bill erects enormous procedural obstacles for a victim 
        of self-help to overcome before she can seek the remedies 
        provided. H.R. 5211 creates a new cause of action for an 
        affected file trader when a copyright owner ``knowingly and 
        intentionally impairs . . . [a] particular computer file . . . 
        and has no reasonable basis to believe that such [file] 
        constitutes an infringement of copyright,'' and also causes 
        over $250 dollars in damages to the file trader. But where H.R. 
        5211 giveth, it also taketh away. Even though the copyright 
        owner is engaging in egregious and willful activity, the bill 
        erects procedural hurdles to innocent citizens seeking to 
        obtain restitution for wrongful self-help. The innocent file 
        trader cannot get to the courtroom without first getting 
        permission from the Attorney General (Subsection (d)). Whether 
        the victim will ever get to court is left to the sole 
        discretion of the Attorney General, who has four months to make 
        that determination. This creates a supreme irony: the bill 
        erects huge legal barriers for citizens seeking remedies for 
        misguided self-help, while it dismantles them for content 
        companies seeking remedies for infringement. This is not only 
        anti-consumer, it is also likely unconstitutional. It delegates 
        to the Executive Branch the discretion to block civil litigants 
        from access to Federal courts, and delegates to private parties 
        the power to do what no government can; namely, to 
        surreptitiously impose a prior restraint upon communications 
        that are presumptively protected by the First Amendment without 
        any judicial determination that the speech being suppressed is 
        unlawful.

   The bill expands protection for copyrighted works beyond 
        that required by the Copyright Act. Subsection (a) of the bill 
        provides a safe harbor for self-help actions that impair the 
        ``unauthorized'' distribution, display, performance or 
        reproduction of a copyrighted work on a publicly accessible P2P 
        network. But not all ``unauthorized'' uses of copyrighted works 
        are illegal under the Copyright Act. In addition, as discussed 
        above, by permitting self-help against individuals who merely 
        make works available (rather than just those who illegally 
        download available works), the bill gives copyright owners an 
        additional ``right to make available to the public.'' This 
        right is now only recognized by European intellectual property 
        laws, and has heretofore been rejected in the U.S.

    H.R. 5211 is well intended to stem the flow of illegal file 
        trading, but it goes way beyond what is necessary to permit the 
        content industries to engage in the type of non-invasive self-
        help described above. While Public Knowledge might consider 
        supporting a narrowly-crafted proposal that clarifies that non-
        invasive self help is permissible, H.R. 5211 is not that bill.
                               Conclusion
    In conclusion, I want to thank Chairman Coble, Congressman Berman 
and the other members of the Subcommittee for holding this hearing to 
discuss P2P networks. As the sole representative of consumer and 
citizens rights at this hearing, I would respectfully ask that you keep 
the record open for thirty days to permit other public interest 
organizations to submit testimony and comments.
    Public Knowledge urges the Subcommittee to act cautiously before 
seeking to alter the nature of a technology that improves the already 
significant abilities and flexibility of computers and the Internet, 
benefits artists, educators and businesses, and may very well be the 
``magic bullet'' that drives broadband adoption. Illegal file trading 
on P2P networks can be limited through a combination of rigorous 
enforcement of the law, non-invasive self help techniques and promotion 
of competition to build new business models for online music. H.R. 
5211, however, goes far beyond what is necessary or reasonable to limit 
illegal file trading, and if passed, could lead to actions by copyright 
owners that could threaten the core capabilities of the Internet.
    Thank you.

    The Chairwoman. Thank you very much, Ms. Sohn. Mr. Kolko, 
welcome, and look forward to your statement.

STATEMENT OF JED DAVID KOLKO, NOMINEE TO BE UNDER SECRETARY OF 
                COMMERCE FOR ECONOMIC AFFAIRS, 
                     DEPARTMENT OF COMMERCE

    Mr. Kolko. Chair Cantwell, Ranking Member Wicker, members 
of the Committee, thank you for welcoming me here today and 
considering my nomination for the position of Undersecretary of 
Commerce for Economic Affairs. I am grateful to President Biden 
and Secretary Raimondo for their confidence in me, and if 
confirmed, I will do everything I can to live up to that trust. 
And I would also like to thank members of your staff for 
substantive and inspiring meetings in recent weeks. I have been 
blessed with decades of support from family, friends, mentors, 
and colleagues.
    My parents nurtured my love of numbers from the start.e
    On my first trip to Washington, D.C. at age 13, my family 
indulged an unusual extra stop. In addition to visiting the Air 
and Space Museum, the Lincoln Memorial, and the other classic 
spots, I made a detour to the Government Printing Office 
bookstore. There, I found the Washington souvenir I wanted 
most. The recently released book of summary tables from the 
1980 census of population. Four decades later, I remain in awe 
of the richness of America's statistical infrastructure. I know 
how a central, high quality data are to our economy and 
society. I am eager to give back to America the best way I can, 
helping preserve and improve the integrity, accuracy, and value 
of our country's data. If confirmed, I would have three 
priorities as Undersecretary for Economic Affairs. First would 
be to support commercial activity and the economy as we emerge 
from the pandemic.
    Businesses in many sectors are experiencing difficulties as 
the economy recovers. Clear, timely data and analysis about 
consumer spending, trade, and the labor market can help manage 
these unprecedented economic conditions. Second would be to 
encourage economic development across all regions of America. 
Even before the pandemic, when unemployment was at record lows, 
much of America did not share in the national economic 
prosperity. Regional inequalities widened even as other 
inequalities narrowed. More complete local, economic, and 
social data can highlight which places are most in need and 
what strategies could spread economic success more widely. 
Third would be to support and enhance our statistical 
infrastructure.
    Technological advances have introduced new opportunities, 
but also new challenges for collecting, reporting and analyzing 
official statistics. The career staff and technical experts at 
the Census Bureau, the Bureau of Economic Analysis, and other 
U.S. statistical agencies are extraordinary, as I know 
firsthand, from years of getting helpful answers to my arcane 
technical questions. I am eager to work closely with them and 
trust their guidance. I would approach these priorities with 
the spirit of careful innovation and the utmost integrity. My 
career has been primarily in the private sector, developing 
innovative ways to create and combine data and widely 
accessible research.
    As Chief Economist at Indeed and Trulia, my teams and I 
developed indices of economic activity that became leading 
indicators during the COVID-19 pandemic and the Great Recession 
housing crisis. Earlier at Forrester Research, I led one of the 
largest private sector consumer survey efforts. As a board 
member of the National Association for Business Economics, I 
understand how important Government data are for business and 
how the private sector can help improve public data and 
analysis.
    Throughout my career, I have held myself and my teams to 
the highest level of data scrutiny and integrity, both 
internally and in our public facing work. I strive to set a 
high bar for asking the most important actionable questions and 
letting the data drive the answers. If confirmed, I promise to 
work closely with this committee and with career staff at the 
Department to champion our data infrastructure and to advocate 
for American economic resilience and prosperity. Thank you so 
much for the chance to appear here today. I look forward to 
your questions.
    [The prepared statement and biographical information of Mr. 
Kolko follow:]

Prepared Statement of Jed David Kolko, Nominee to be Undersecretary of 
         Commerce for Economic Affairs, Department of Commerce
    Chair Cantwell, Ranking Member Wicker, and Members of the 
Committee: thank you for welcoming me here today and considering my 
nomination for the position of Undersecretary of Commerce for Economic 
Affairs. I am grateful to President Biden and Secretary Raimondo for 
their confidence in me. If confirmed, I will do everything I can to 
live up to that trust. And I would like to thank members of your staff 
for substantive and inspiring meetings in recent weeks.
    I have been blessed with decades of support from my family, 
friends, mentors, and colleagues. My parents nurtured my love of 
numbers from the start. On my first trip to Washington, D.C. at age 13, 
my family indulged an unusual extra stop. In addition to visiting the 
Air and Space Museum, the Lincoln Memorial, and the other classic 
spots, I made a detour to the Government Printing Office bookstore. 
There, I found the Washington souvenir I wanted most: the recently 
released book of summary tables from the 1980 Census of Population. 
Four decades later, I remain in awe of the richness of America's 
statistical infrastructure. I know how essential high-quality data are 
to our economy and society. I am eager to give back to America the best 
way I can: helping preserve and improve the integrity, accuracy, and 
value of our country's data.
    If confirmed, I would have three priorities as Undersecretary for 
Economic Affairs.
    The first would be to support commercial activity and the economy 
as we emerge from the pandemic. Businesses in many sectors are 
experiencing difficulties as the economy recovers. Clear, timely data 
and analysis about consumer spending, trade, and the labor market can 
help manage these unprecedented economic conditions.
    The second would be to encourage economic development across all 
regions of America. Even before the pandemic, when unemployment was at 
record lows, much of America did not share in the national economic 
prosperity. Regional inequalities widened; even as other inequalities 
narrowed. More complete local economic and social data can highlight 
which places are most in need and what strategies could spread economic 
success more widely.
    The third would be to support and enhance our statistical 
infrastructure. Technological advances have introduced new 
opportunities but also new challenges for collecting, reporting, and 
analyzing official statistics. The career staff and technical experts 
at the Census Bureau, the Bureau of Economic Analysis, and other U.S. 
statistical agencies are extraordinary--as I know firsthand from years 
of getting helpful answers to my arcane technical questions. I am eager 
to work closely with them and trust their guidance.
    I would approach these priorities with a spirit of careful 
innovation and the utmost integrity. My career has been primarily in 
the private sector, developing innovative ways to create and combine 
data in widely accessible research. As chief economist at Indeed and 
Trulia, my teams and I developed indices of economic activity that 
became leading indicators during the COVID-19 pandemic and the Great 
Recession housing crisis. Earlier, at Forrester Research, I led one of 
the largest private-sector consumer survey efforts. As a board member 
of the National Association for Business Economics, I understand how 
important government data are for business and how the private sector 
can help improve public data and analysis.
    Throughout my career, I have held myself and my teams to the 
highest level of data scrutiny and integrity, both internally and in 
our public-facing work. I strive to set a high bar for asking the most 
important, actionable questions and letting the data drive the answers.
    If confirmed, I promise to work closely with this Committee and 
with career staff at the Department to champion our data infrastructure 
and to advocate for American economic resilience and prosperity.
    Thank you for the chance to appear here today. I look forward to 
your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Jed David 
Kolko.
    2. Position to which nominated: Undersecretary of Commerce for 
Economic Affairs.
    3. Date of Nomination: October 4, 2021.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: 201 Mission Street, San Francisco CA 94105.

    5. Date and Place of Birth: May 4, 1970; Rochester, NY.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names and ages of your children (including 
stepchildren and children by a previous marriage).

        Eric Rice (spouse), head of impact investing, BlackRock.
        No children.

    7. List all college and graduate degrees. Provide year and school 
attended.

        Harvard University, 1988-1992. Bachelor's, 1992
        Harvard University, 1995-2000. Master's, 1997. Doctorate, 2000

    8. List all post-undergraduate employment, and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.

        Indeed (2016 to present).

        Chief Economist Fidelity (2016). SVP of Data Innovation

        Trulia (2011-2015). Chief Economist and VP of Analytics

        PPIC (2006-2011). Associate Director of Research and Research 
        Fellow

        Forrester (2000-2005). VP and Research Director

        Harvard University (1997-1999). Teaching Fellow

        Office of Federal Housing Enterprise Oversight (1994-1995). 
        Research Associate

        World Bank (1993-1995). Consultant

        Progressive Policy Institute (1992-1993). Policy Economist

    9. Attach a copy of your resume.
    Attached.
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years. None.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.

        Bloomberg Beta (2015-2016). Research Advisor

        Orbital Insight (2015-2019). Advisor

        Terner Center for Housing Innovation at UC-Berkeley (2015-
        present). Fellow and Affiliate

        Self-employed consultant--sole proprietor (2015-2016).

    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). Include dates of membership and any positions you have 
held with any organization. Please note whether any such club or 
organization restricts membership on the basis of sex, race, color, 
religion, national origin, age, or disability.

        National Association for Business Economics. Member, board of 
        directors (2019 to present)

        California Budget and Policy Center. Member, board of directors 
        (2015 to present)

        American Economic Association. Member (intermittently) Reboot. 
        Member, board of directors (approx. 2009 to 2013)

    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt. No.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities. None.
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $500 or more for the past ten years. None.
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

        Chiles Foundation Fellowship, Harvard University, 1999.

        National Science Foundation Doctoral Dissertation Improvement 
        Grant, 1998-1999.

        Sumner Slichter Fellowship, Harvard University, 1997.

        National Science Foundation Graduate Fellowship, 1995-1998.

        Phi Beta Kappa, 1991.

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. Also list any 
speeches that you have given on topics relevant to the position for 
which you have been nominated. Do not attach copies of these 
publications unless otherwise instructed.
Published works
New York Times
        ``The Downtown Decade: U.S. Population Density Rose in the 
        2010s.'' New York Times. September 1, 2021.

        ``In Reversal, Retirements Increased During the Pandemic.'' New 
        York Times. May 12, 2021.

        ``The Most Urban Counties in the U.S. Are Shrinking.'' New York 
        Times. May-4, 2021.

        ``How the Pandemic Did, and Didn't, Change Where Americans 
        Move.'' With Emily Badger and Quoctrung Bui. New York Times. 
        April 19, 2021.

        ``The Jobs the Pandemic May Devastate.'' New York Times. 
        February 22, 2021.

        ``The Places That Had the Biggest Swings Toward and Against 
        Trump.'' With Toni Monkovic. New York Times. December 7, 2020.

        ``Election Showed a Wider Red-Blue Economic Divide.'' New York 
        Times. November 11, 2020.

        ``Why Blue Places Have Been Hit Harder Economically Than Red 
        Ones.'' New York Times. October 30, 2020.

        ``Don't Cheer Too Soon. Keep an Eye on the Core Jobless Rate.'' 
        New York Times. June 15, 2020.

        ``Which Areas in America Are Worse Off Since 2016?'' New York 
        Times. March 16, 2020.

        ``Yes, Rich Cities are Getting Richer. But That's Not the Whole 
        Story.'' New York Times. February 19, 2020.

        ``The Myth of the Urban Boomer.'' New York Times. January 24, 
        2020.

        ``Red and Blue Economies Are Heading in Sharply Different 
        Directions.'' New York Times. November 13, 2019.

        ``How Much Slower Would the U.S. Grow Without Immigration? In 
        Many Places, a Lot.'' New York Times. April 18, 2019.

        ``As Labor Market Tightens, Women Are Moving Into Male-
        Dominated Jobs.'' With Claire Cain Miller. New York Times. 
        December 14, 2018.

        ``What Is Your City's Twin?'' With Josh Katz. New York Times. 
        April 3, 2018.

        ``Under Trump, Job Market Has Improved More For Clinton 
        Supporters.'' New York Times. September 5, 2017.

        ``Seattle Climbs but Austin Sprawls: The Myth of the Return to 
        Cities.'' New York Times. May 22, 2017.

        ``Why the Homeownership Rate Is Misleading.'' New York Times. 
        January 30, 2014.
Media other than New York Times
        ``40 Years From Now, The U.S. Could Look Like Las Vegas.'' 
        FiveThirtyEight. June 22, 2017.

        ``Trump Was Stronger Where The Economy Is Weaker.'' 
        FiveThirtyEight. November 10, 2016.

        ```Normal America' Is Not A Small Town Of White People.'' 
        FiveThirtyEight. April 28, 2016.

        ``Republican-Leaning Cities Are At Greater Risk Of Job 
        Automation.'' FiveThirtyEight (2/17/16).

        ``Where In America There's the Most Room to Grow.'' Washington 
        Post Wonkblog. October 30, 2015.

        ``How Suburban are Big American Cities?'' FiveThirtyEight. May 
        21, 2015.

        ``Why Millennials Are Less Urban Than You Think.'' 
        FiveThirtyEight (4/7/15).

        ``No, Suburbs Aren't All the Same. The Suburbiest Ones Are 
        Growing Fastest.'' Atlantic CityLab (2/5/15).

        ``Let's Improve--Not Ignore--Seasonal Adjustment of Housing 
        Data.'' Calculated Risk (8/11/14).

        ``Population Growth in Dense U.S. Cities: Short-Term Correction 
        or Long-Term Trend?'' Atlantic Cities (4/15/14).

        ``Where Do Housing `Leading Indicators' Lead Us?'' Calculated 
        Risk (3/14/14).

        ``Here are the `Missing' Construction Jobs.'' Calculated Risk 
        (1/31/13).

        ``Brace Yourself, Real Estate Prices are Going Back Up.'' 
        Bloomberg View (7/8/12).

        ``Dissecting the House Price Indices.'' Calculated Risk (5/23/
        12).

        ``The Political Fight Over Principal Reduction.'' US News and 
        World Report (4/17/12).

        ``Where the Jobs Will Be in 2020.'' Atlantic Cities (2/7/12).

        ``Commentary: Jobs Report Bodes Well for Housing.'' Wall Street 
        Journal. December 2, 2011.

        ``Enterprise zone program too costly to keep as is.'' With 
        David Neumark. San Francisco Chronicle. February 6, 2011.

        ``California loses few jobs to other states.'' San Francisco 
        Chronicle. May 8, 2009.

        ``The Federal Stimulus: A Boost or a Bane?'' San Diego Union-
        Tribune Op-Ed, February 5, 2009.

        ``Hands-Free Phones in Cars Will Save Lives.'' Sacramento Bee 
        Op-Ed, May 31, 2008.

        ``How to untangle the wireless debate.'' San Francisco 
        Chronicle. July 9, 2007.
Recent and notable blogposts on Indeed, Trulia, and personal blogs
        ``The Impact of Coronavirus on U.S. Job Postings Through July 
        16: Data from Indeed.com.'' Indeed Hiring Lab. July 21, 2021. 
        Biweekly tracker of the labor market during COVID-19.

        ``Where Are the Job Seekers?'' Indeed Hiring Lab. June 2, 2021.

        ``Remote Job Postings Double During Coronavirus and Keep 
        Rising.'' Indeed Hiring Lab. March 16, 2021.

        ``2020 U.S. Labor Market Review and 2021 Outlook: Better Than 
        Feared, but Plenty of Damage Remains.'' Indeed Hiring Lab. 
        December 1, 2020.

        ``Jobs, Coronavirus, and Partisanship on the Eve of the 
        Election.'' Indeed Hiring Lab. October 20, 2020.

        ``Why Job Postings Have Fallen More in Large, Rich Metros.'' 
        Indeed Hiring Lab. June 25, 2020.

        ``Making Sense of the Labor Market During COVID-19.'' Indeed 
        Hiring Lab. April 28, 2020.

        ``Will Your Job Disappear? Economic Anxiety, Demographics, and 
        the Future of Work.'' Personal blog. September 1, 2016.

        ``Urban Revival? Not For Most Americans.'' Personal blog. March 
        30, 2016.

        ``Should Your Tech Firm Have an Economist?'' LinkedIn Pulse. 
        February 1, 2016.

        ``Why Millennials Still Live With Their Parents.'' Terner 
        Center blog. November 23, 2015.

        ``The Recession's Lost Generation of Homeowners Isn't 
        Millennials--It's the Middle-Aged.'' Trulia (7/16/14).

        ``Your Home's Lucky Number.'' Trulia (11/9/12).

        ``School Districts People Flock To--and Flee From.'' Trulia (8/
        28/12).

    Complete set of blog posts available at:

   http://jedkolko.com/blog/ (personal blog)

   https://www.hiringlab.org/author/jkolko/ (Indeed)

   https://www.trulia.com/research/author/jedkolko/ (Trulia)
Public Policy Institute of California reports
        ``Rethinking the State-Local Relationship: Local Economic 
        Development.'' 2011.

        ``Driving Change: Reducing Vehicle Miles Traveled in 
        California.'' With Louise Bedsworth and Ellen Hanak. 2011.

        ``Business Climate Rankings and the California Economy.'' With 
        David Neumark and Marisol Cuellar Mejia. 2011.

        ``Making the Most of Transit: Density, Employment, and 
        Ridership Around New Stations.'' 2011.

        ``Business Relocation and Homegrown Jobs: 1992-2006.'' 2010.

        ``Does Broadband Boost Local Economic Development?'' 2010.

        ``Do California's Enterprise Zones Create Jobs?'' With David 
        Neumark. 2009.

        ``Are the Rich Leaving California?'' 2009.

        ``Are Wages Too High?'' 2008.

        ``What to Expect from California's New Hands-Free Law.'' 2008.

        ``Business Location Decisions and Employment Dynamics in 
        California.'' With David Neumark. 2007.

        ``Are California's Companies Shifting Their Employment to Other 
        States?'' With David Neumark. 2007.

        ``Broadband For All? Gaps in California's Broadband Adoption 
        and Availability.'' 2007.

        ``Interstate Business Location: An Industry-Level Analysis.'' 
        With David Neumark and Junfu Zhang. 2006.

        Full list of PPIC publications here: https://www.ppic.org/
        person/jed-kolko/
Uncategorized publications
        ``Setting the Stage for the Future of Work: Deep Shifts and 
        Great Uncertainties.'' Shift Commission (6/15/16).

        ``Accessible Technology in Computing--Examining Awareness, Use, 
        and Future Potential.'' With Betsey Stevenson. Forrester 
        Research report commissioned by Microsoft, 2004-5.

        ``The High-Tech Rural Renaissance? Information Technology, Firm 
        Size, and Rural Economic Growth.'' U.S. Small Business 
        Association, Office of Advocacy, research paper series, 1999.

        ``New England at Your Service: The New Geography of Service 
        Industries.'' Federal Reserve Bank of Boston Regional Review 
        8:4, 1998.

        ``The Mirage and Reality of Retail Deserts.'' With Jenny 
        Schuetz and Rachel Meltzer. Land Redevelopment. National 
        Association of Home Builders. Spring 2011.

        ``The Year in Urbanism: A Turnaround for Bay Area Housing?'' 
        Urbanist. San Francisco Planning and Urban Research. January 
        2011.

        ``Revisiting Keynes: Economic Possibilities for Our 
        Grandchildren.'' Book review. Journal of Regional Science 48, 
        2010.

        ``Rejecting Rooms for ROTC.'' The Harvard Crimson, letter to 
        the editor. November 16, 1989.
Academic publications
        Working paper versions of published papers might still be 
        available from RePEc or SSRN.

        ``What Do Business Climate Indexes Teach Us About State Policy 
        and Economic Growth?'' With David Neumark and Marisol Cuellar 
        Mejia. Journal of Regional Science 53, 2013.

        ``Broadband and Local Growth.'' Journal of Urban Economics 71, 
        2012.

        ``Are Poor Neighborhoods `Retail Deserts'?'' With Jenny Schuetz 
        and Rachel Meltzer. Regional Science and Urban Economics 42, 
        2012.

        ``Do Enterprise Zones Create Jobs? Evidence from California's 
        Enterprise Zone Program.'' With David Neumark. Journal of Urban 
        Economics 68, 2010.

        ``A New Measure of U.S. Residential Broadband Availability.'' 
        Telecommunications Policy 34, 2010.

        ``Urbanization, Agglomeration, and Co-Agglomeration of Services 
        Industries.'' In Agglomeration Economics, Edward Glaeser, ed. 
        University of Chicago Press, 2010.

        ``Does Local Business Ownership Insulate Cities from Economic 
        Shocks?'' With David Neumark. Journal of Urban Economics 67, 
        2010.

        ``Do Some Enterprise Zones Create Jobs?'' With David Neumark. 
        Journal of Policy Analysis and Management 29, 2010.

        ``How Broadband Changes Online and Offline Behaviors.'' 
        Information Economics and Policy 22, 2010.

        ``The Effects of Mobile Phones and Hands-Free Laws on Traffic 
        Fatalities.'' B.E. Journal of Economic Analysis and Policy 9 
        (Contributions), 2009.

        ``Changes in the Location of Employment and Ownership: Evidence 
        from California.'' With David Neumark. Journal of Regional 
        Science 48, 2008.

        ``Silicon Mountains, Silicon Molehills: Geographic 
        Concentration and Convergence of Internet Industries in the 
        US.'' Information Economics and Policy 14, 2002.

        ``The Consumer City.'' With Edward Glaeser and Albert Saiz. 
        Journal of Economic Geography 1, 2001.

        ``The Death of Cities? The Death of Distance? Evidence from the 
        Geography of Commercial Internet Usage.'' The Internet 
        Upheaval: Raising Questions, Seeking Answers in Communications 
        Policy. Eds. Ingo Vogelsang and Benjamin M. Compaine. MIT Press 
        and TPRC, 2000.

        ``Employment Location, Neighborhood Change, and 
        Gentrification.'' Unpublished.

        ``Moving Across Borders: The Determinants of Interstate 
        Business Relocation.'' Unpublished.

    18. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.

        Twitter: www.twitter.com/jedkolko

        LinkedIn: www.linkedin.com/in/jedkolko

        (unused/inactive Facebook account: https://www.facebook.com/
        jed.kolko.9/)

        (minimally used Instagram account: https://www.instagram.com/
        jed.kolko/)

    19. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony. None.
    20. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    I have three decades of experience leading research teams that use 
public and proprietary data to produce clear, actionable economic 
analysis. With a Ph.D. in economics, I have worked primarily in the 
private sector, developing innovative ways to create and combine data 
in research that is accessible to a wide range of non-technical 
audiences.
    My publications include a dozen academic articles, numerous long-
form research reports, and frequent contributions to mainstream media 
publications. I've published on a range of topics, including labor 
markets, housing markets, economic development, and technology 
behaviors and adoption.
    Throughout my career I've been an enthusiastic and grateful user of 
government data produced by the Census Bureau, the Bureau of Economic 
Analysis (BEA), the Bureau of Labor Statistics (BLS), and other 
agencies, and am deeply familiar with the value, potential, and 
occasional limitations of official statistics. In the private sector, 
I've led efforts to create alternative and proprietary datasets. As 
chief economist at the websites Indeed and Trulia, my teams and I 
developed indices of labor market and housing marketing activity that 
became leading economic indicators during the COVID-19 pandemic and the 
Great Recession housing crisis. Earlier, at Forrester Research, I led 
one of the largest private-sector survey efforts, Consumer 
Technographics.
    As a member of the board of the National Association for Business 
Economics, I understand how important government data are for business, 
and how the private sector can help improve public data and analysis.
    I am committed to supporting our statistical agencies so they can 
make government data ever more valuable for policy analysis, for 
business, and for consumers. I am passionate about data integrity and 
quality, encouraging clear communication and accessibility, and getting 
under the hood to look not just at averages and aggregates but to 
highlight inequities and bring awareness to the people, sectors, and 
places that aren't thriving economically.
    21. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    I will work with the Department and the Committee to ensure that 
the Office of the Undersecretary for Economic Affairs, the Census 
Bureau, the Bureau of Economic Analysis, and the Chief Economist's 
office have proper management and accounting controls.
    Throughout my career I have held myself and my teams to the highest 
level of data scrutiny and integrity, both internally and in our 
public-facing work. I've served in leadership roles in multiple 
companies and helped manage teams through major changes--including an 
IPO, an acquisition, and the sudden shift to remote work. I believe 
clear communication, comprehensive documentation, adherence to all 
applicable laws, regulations, and policies, and conscientious 
leadership are essential ingredients for proper management and 
accounting.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    Three top challenges are:

  1.  To support commercial activity and the economy as we emerge from 
        the pandemic. Businesses in many sectors are experiencing 
        difficulties hiring workers and sourcing materials that depend 
        on global supply chains. Businesses need clear, current 
        information about the economy, trade, and the labor market to 
        manage their hiring and production plans--and support for 
        easing these supply constraints and shortages.

  2.  To encourage economic development across all regions of America. 
        Even before the pandemic when unemployment was at record lows, 
        much of America did not share in the national economic 
        prosperity. Regional inequalities widened even as many other 
        kinds of economic gaps narrowed. More complete local economic 
        and social data can highlight which places are most in need and 
        what strategies could spread prosperity more widely.

  3.  To support and enhance our statistical infrastructure. Timely, 
        accurate, and comprehensive data is essential for businesses 
        and consumers to make economic decisions, and for public policy 
        to support economic growth. Technological advances have 
        introduced both new challenges and new opportunities for 
        collecting, reporting, and analyzing official statistics, and 
        we should mitigate these challenges while taking advantage of 
        new opportunities.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    No deferred compensation agreements. My compensation from Indeed 
ends when my employment terminates, which would be prior to assuming 
the position to which I have been nominated, if confirmed.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain. No.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated. Explain how you will 
resolve each potential conflict of interest.
    As part of the nomination process, I have consulted with the Office 
of Government Ethics and the Designated Agency Ethics Official at the 
Department of Commerce to identify any potential conflicts of interest. 
Any conflict of interest will be resolved according to the ethics 
agreement that I have entered into with the Commerce Department's 
Designated Agency Ethics Official and that will be provided to this 
Committee.
    If an actual or potential conflict of interest arises during my 
appointment, I will consult with the Commerce Department's ethics 
counsel and take the necessary steps to resolve the conflict.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten years, whether for 
yourself, on behalf of a client, or acting as an agent, that could in 
any way constitute or result in a possible conflict of interest in the 
position to which you have been nominated. Explain how you will resolve 
each potential conflict of interest.
    As part of the nomination process, I have consulted with the Office 
of Government Ethics and the Designated Agency Ethics Official at the 
Department of Commerce to identify any potential conflicts of interest. 
Any conflict of interest will be resolved according to the ethics 
agreement that I have entered into with the Commerce Department's 
Designated Agency Ethics Official and that will be provided to this 
Committee.
    If an actual or potential conflict of interest arises during my 
appointment, I will consult with the Commerce Department's ethics 
counsel and take the necessary steps to resolve the conflict.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    None.
    If an actual or potential conflict of interest arises during my 
appointment, I will consult with the Commerce Department's ethics 
counsel and take the necessary steps to resolve the conflict.
    6. Describe any activity during the past ten years, including the 
names of clients represented, in which you have been engaged for the 
purpose of directly or indirectly influencing the passage, defeat, or 
modification of any legislation or affecting the administration and 
execution of law or public policy. None.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.

    No.
    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain. No.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain. No.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain. No.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain. No.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination. None.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses, including technical experts and career employees, with 
firsthand knowledge of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    The Chairwoman. Thank you, Mr. Kolko. Senator Wicker and I 
are admiring your ability to focus on that data and your hobby 
there, so that is good. Thank you. Mr. Davidson.

                 STATEMENT OF ALAN B. DAVIDSON,

              NOMINEE TO BE ASSISTANT SECRETARY OF

          COMMERCE FOR COMMUNICATIONS AND INFORMATION,

                     DEPARTMENT OF COMMERCE

    [Technical problems.]
    Mr. Davidson. --and members of the Committee for this 
opportunity to speak with you today. I am honored to be 
President Biden's nominee for Assistant Secretary of Commerce 
and NTIA Administrator at this historic time for the agency and 
this historic moment in its work to connect all Americans. 
Thank you as well to Secretary Raimondo for her support of my 
nomination. I would also like to thank my wife, Melissa, who is 
here today. We are joined by our children, Amelia and Harry. 
They are a constant reminder to me of the importance of this 
work, and they constantly keep me humble as our children will 
do.
    When I was a young computer science student at MIT, a few 
of us would have imagined the digital world today. The web did 
not exist. The Internet was mostly a nonprofit network of 
universities. Mobile phones were the size of a brick, 
literally. But even then, we had a strong sense that computers 
and networks were changing the world, and we had questions 
about that impact. Would these technologies connect us or 
divide us? Would they concentrate power or provide opportunity 
to all? Fast forward to today, the Internet did in fact change 
everything. Modern networks created a digital revolution and 
are now essential to how we work, to how we live, how we 
innovate. But those technology--those questions about 
technology still remain, and they have been the animating force 
of my work.
    I have spent my career devoted to the idea that technology 
must serve human progress. For 25 years as a computer 
scientist, a lawyer, a public interest leader, and an 
executive, I have sought to build and shape digital 
technologies that connect people and make their lives better. 
In these roles, I have had a chance to lead organizations, 
manage high performing teams, and build coalitions in pursuit 
of a positive vision of the future. It is a continuing sense of 
purpose that brings me here today. I believe we have been given 
a historic opportunity, as noted by the Chair and Senator 
Wicker, and thanks to the bipartisan support from Congress, to 
connect the unconnected, close the digital divide, and power 
American jobs and competitiveness. If confirmed, I will focus 
on three top priorities.
    The first is closing the digital divide. The Internet is 
now a critical part of American life. As the pandemic has made 
clear, people need broadband to work, to learn, and to connect. 
Yet far too many American households in rural, urban, and 
tribal communities are still without affordable, high speed 
internet. Congressional infrastructure funding has created a 
once in a generation opportunity to close the digital divide 
and connect all Americans. This will be my top priority in the 
coming years. My second priority will be ensuring access to 
spectrum. NTIA serves a critical role in ensuring the most 
effective and efficient use of this scarce resource. That 
includes meeting the needs of Federal users while also 
supporting advanced wireless technologies to realize the 
promise of next generation services and connected devices.
    If confirmed, I will work toward a coordinated, national 
approach to spectrum use and planning to meet the demand for 
spectrum now and in the future. Third, NTIA has an important 
role to play in building a better internet. NTIA has a 
statutory role in efforts to bolster cybersecurity, protect 
privacy, and advocate for America's vision of free and open 
communications around the world.
    For three decades, the Internet has been a positive force 
offering access to information, connection with community, and 
economic opportunity. But today's Internet also faces security 
risks, eroding privacy and threats from authoritarian regimes. 
We can and we must do better. These are ambitious goals. 
Because of technology's growing role in our lives, these 
priorities are about far more than communication policy, they 
are about creating jobs for Americans, they are about 
maintaining America's global leadership in technology, and they 
are about competing better on the global stage and improving 
equity here at home.
    If confirmed, I will continue to do what I have done for my 
entire career since leaving MIT, build networks and 
technologies with intention, with responsibility, and with the 
ultimate goal of improving lives. Thank you for your time, and 
I look forward to your questions.
    [The prepared statement and biographical information of Mr. 
Davidson follow:]

    Prepared Statement of Alan B. Davidson, Nominee to be Assistant 
     Secretary of Commerce for Communications and Information and 
                            Administrator, 
       National Telecommunications and Information Administration
    Thank you Chair Cantwell, Ranking Member Wicker, and Members of the 
Committee for the opportunity to speak with you today.
    I am honored to be President Biden's nominee for Assistant 
Secretary of Commerce for Communications and Information and NTIA 
Administrator at this historic time for the agency and this historic 
moment in its work to connect all Americans. Thank you to Secretary 
Raimondo as well for her support of my nomination.
    I would also like to thank my wife, Melissa, who is here today. We 
are joined by our children Amelia and Harry. They are a consistent 
reminder to me of the importance of this work.
    When I was a bright-eyed computer science student at MIT, few of us 
would have imagined the digital world of today. The Web did not exist. 
The Internet was mostly a non-profit network of universities. Mobile 
phones were the size of bricks. But even then we had a strong sense 
that computers and communications networks were changing the world. And 
we had questions about their impact. Would these technologies connect 
us or divide us? Would they concentrate power, or provide opportunity 
to all?
    Fast forward to today. The Internet did, in fact, change 
everything. Modern networks created a digital revolution, and are now 
essential to how we work, live, and innovate. But those questions about 
technology remain, and they have been the animating force of my work.
    I have spent my career devoted to the idea that technology must 
serve human progress. For 25 years, as a computer scientist, a lawyer, 
a public interest leader, and an executive, I have sought to build and 
shape digital technologies that connect people and make their lives 
better.
    In these roles, I have had a chance to lead organizations, manage 
high-performing teams, and build coalitions in pursuit of a positive 
vision of the future.
    It is a continuing sense of purpose that brings me here today. I 
believe we have been given a historic opportunity--thanks to bipartisan 
support from Congress--to connect the unconnected, close the digital 
divide, and power American jobs and competitiveness.
    If confirmed, I will focus on three top priorities:

    The first is closing the digital divide. The Internet is now a 
critical part of American life. As the pandemic made clear, people need 
broadband to work, to learn, and to connect. Yet far too many American 
households are still without affordable, high-speed Internet. 
Congressional infrastructure funding has created a once-in-a-generation 
opportunity to close the digital divide and connect all Americans. This 
will be my top priority in the coming years.
    My second priority will be ensuring access to spectrum. NTIA serves 
a critical role in ensuring the most effective and efficient use of 
this scarce resource. That includes meeting the needs of Federal users 
while also supporting advanced wireless technologies to realize the 
promise of next generation services and connected devices. If 
confirmed, I will work towards a coordinated, national approach to 
spectrum use and planning--in order to meet the demand for spectrum now 
and in the future.
    Third, NTIA has an important part to play in building a better 
Internet. NTIA has a statutory role in efforts to bolster 
cybersecurity, protect privacy, and advocate for America's vision of 
free and open communications around the world. For over three decades 
the Internet has been a positive force offering access to information, 
connection with community, and economic opportunity. But today's 
Internet also faces security risks, eroding privacy and threats from 
authoritarian regimes. We can and must do better.
    These are ambitious goals. Because of technology's growing role in 
our lives, these priorities are about far more than communications 
policy. They are about creating new jobs for Americans. They are about 
maintaining America's global leadership in technology. They are about 
competing better on the global stage--and improving equity here at 
home.
    If confirmed, I will continue to do what I've done for my entire 
career since leaving MIT: build networks and technology with intention, 
with responsibility, and with the ultimate goal of improving lives.
    Thank you for your time, and I look forward to your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Alan Bruce 
Davidson.
    2. Position to which nominated: Assistant Secretary for Commerce 
and Information, and Administrator of the National Telecommunications 
and Information Administration, Department of Commerce.
    3. Date of Nomination: October 28, 2021.
    4. Address (List current place of residence and office addresses):

        Residence: Information not released to the public.
        Office: Information not provided.

    5. Date and Place of Birth: October 11, 1967; Baltimore, MD.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names and ages of your children (including 
stepchildren and children by a previous marriage).

        Melissa Goldman Davidson (spouse), self-employed.
        Amelia Jane Davidson (child), 20 years old.

    7. List all college and graduate degrees. Provide year and school 
attended.

        Massachusetts Institute of Technology, S.B. in Mathematics with 
        Computer Science, 1989.

        Massachusetts Institute of Technology, S.M. in Technology and 
        Policy, 1993.

        Yale Law School, J.D., 2004

    8. List all post-undergraduate employment, and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.

        Mozilla Foundation, Senior Advisor (part-time) (2020 to 
        present)

        Policy Ventures, President (part-time consulting) (2020 to 
        present)

        Mozilla Corporation, Vice President of Global Policy, Trust & 
        Security (2018-2020)

        Mozilla Foundation, Tech Policy Fellow (part-time) (2017-2018)

        New America, Senior Program Fellow/Public Interest Technology 
        Fellow (part-time) (2017-2018)

        U.S. Department of Commerce, Director of Digital Economy and 
        Senior Advisor to the Secretary (2015-2017)

        New America, Vice President for Technology, Policy and 
        Strategy; and Director, Open Technology Institute (2014-2015)

        Massachusetts Institute of Technology, Visiting Scholar/
        Research Affiliate (part-time) 2012-2014

        Policy Ventures, President (part-time) (2012-2014)

        Google Inc., Director of Public Policy, Americas (2005-2012)

        Georgetown University, Adjunct Professor, Communications, 
        Culture & Technology Program (2000-2006)

        Center for Democracy and Technology, Associate Director (1995-
        2005)

        Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Summer 
        Associate (Summer 1994)

        The White House, Policy Assistant, Office of Policy Development 
        (Summer 1993)

        Booz-Allen & Hamilton, Inc., Senior Consultant, Technical 
        Information Systems Practice (Summer 1992)

        U.S. Congress Office of Technology Assessment, Summer Intern 
        (Summer 1991)

        Booz-Allen & Hamilton, Inc., Senior Consultant, Technical 
        Information Systems Practice (1989-1990)

    9. Attach a copy of your resume.
    Attached.
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years. None.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.
    In addition to the positions listed in response to Item 8 above:

        Massachusetts Institute of Technology, Research Affiliate/
        Digital Fellow, Initiative on the Digital Economy (2017 to 
        present)

        Center for Democracy and Technology, Board Member (2017-
        present) Computer & Communications Industry Association, Board 
        Member (2017 to present)

        Credo AI, Advisor (June 2021 to present)

        Internet Education Foundation, Board Member (2006-2015)

        Technology Policy Strategies, Director (2012)

        Software & Information Industry Association, Board Member 
        (until 2012)

        Information Technology Industry Council, Board Member (until 
        2012)

    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). Include dates of membership and any positions you have 
held with any organization. Please note whether any such club or 
organization restricts membership on the basis of sex, race, color, 
religion, national origin, age, or disability.

        Adirondack Forty-Sixers, Member, 1993 to present

        Adirondack Mountain Club, Member, 2016 to present

        American Bar Association, Member, Periodically from 2005-2020

        American Civil Liberties Union, Member, 1997 to present

        Association of Computing Machinery, Member, 2012 to present

        Chevy Chase Recreation Association, Family membership, 2007-
        2011

        MIT Club of Washington DC, Member, 1995 to present

    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt. No.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities.
    Volunteer Advisor, Biden for President 2020, Innovation Policy 
Committee
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $200 or more for the past ten years.

        Phil Weiser for Colorado (2021)--$625

        Biden for President/Biden Victory Fund (2020)--$5,600

        Cindy Axne for Congress (2020)--$500

        The Markey Committee (2020)--$250

        Sara Gideon for Maine (2020)--$250

        Win the Era PAC (2019)--$500

        Bennett for America (2019)--$300

        44 Fund (2018)--$250

        Phil Weiser for Colorado (2017-18)--$500

        Alec Ross for Maryland (2017)--$500

        Hillary Victory Fund (2016)--$2350

        Friends of Doug Gansler (2013)--$500

        Leahy for U.S. Senator Committee (2013)--$250

        Obama for America (2012)--$3,500

        Congressman Waxman Campaign Committee (2012)--$1,000

    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

        U.S. Department of Commerce Bronze Medal, 2016

        Hugh Hampton Young Fellowship, MIT, 1991

        Bernard Rabinowitz Fellowship for Leadership and Service, MIT, 
        1990

        Karl Taylor Compton Prize, MIT, 1989

        Golden Nugget Scholarship, 1985-1989

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. Also list any 
speeches that you have given on topics relevant to the position for 
which you have been nominated. Do not attach copies of these 
publications unless otherwise instructed.
    I have periodically participated in discussions at conferences or 
served as a guest speaker in academic settings. Below is a list of 
publications and relevant speeches I have been able to identify through 
a diligent review of my records and the Internet.
Publications
        Lloyd, John; Lamb, Kaili; Davidson, Alan; Jakobson, Christine. 
        Misinformation in the 2020 U.S. Elections: A Timeline of 
        Platform Changes, Mozilla Blog, March 8, 2021

        Baker, Mitchell; Davidson, Alan; Kak, Amba; Munyua, Alice. 
        Reimagine Open: Building Better Internet Experiences, Mozilla 
        Report, January 2021

        Davidson, Alan; Munyua, Alice. Reimagine Open: Building a 
        Healthier Internet, Mozilla Blog, January 14, 2021

        Keating, Amy; Davidson, Alan. Next steps for Net Neutrality, 
        July 6, 2020

        Davidson, Alan. Protecting Search and Browsing Data from 
        Warrantless Access, Mozilla Blog, May 22, 2020

        Davidson, Alan; Erwin, Marshall. Contact Tracing, Governments, 
        and Data, Mozilla Blog, April 29, 2020

        Davidson, Alan; Keating, Amy. Breaking down this week's net 
        neutrality court decision, Mozilla Blog, October 4, 2019

        Davidson, Alan. It's time for the U.S. Senate to Save the Net, 
        Mozilla Blog, June 10, 2019

        Davidson, Alan. Android Browser Choice Screen in Europe, 
        Mozilla, April 18, 2019

        Davidson, Alan; Keating, Amy. Mozilla Fights On For Net 
        Neutrality, Mozilla Blog, November 16, 2018

        Davidson, Alan. Building our Technology Policy Future, Medium, 
        October 20, 2017

        Davidson, Alan. The Trans-Pacific Partnership: Preserving a 
        Free and Open Internet, Recode.net, January 2016

        Davidson, Alan. The Commerce Department's Digital Economy 
        Agenda, Department of Commerce, November 9, 2015

        Davidson, Alan. Commerce and the Digital Economy--Towards A 
        Transatlantic Partnership, Department of Commerce, July 21, 
        2015

        Davidson, Alan; Kehl, Danielle. Build an Internet for everyone, 
        everywhere, CNN, February 9, 2015

        Freedman, Tom; Davidson, Alan; Hunt, Alexander. Voters agree: A 
        free and open Internet is crucial to our economic future, 
        Mercury News, December 29, 2014

        Brown, Bruce D.; Davidson, Alan B. Opinion: Is Google Like Gas 
        or Like Steel?, New York Times, January 4, 2013

        Ann Cavoukian et al., Privacy: Front and Center, IEEE Security 
        and Privacy, September 2012

        Davidson, Alan; Tauke, Tom. A joint policy proposal for an open 
        Internet, Google Public Policy Blog, August 9, 2010

        Davidson, Alan; Testifying before the Congressional--Executive 
        Commission on China, Google Public Policy Blog, March 24, 2010

        Davidson, Alan; Tauke, Tom. Our common ground on the open 
        Internet, Google Public Policy Blog, January 15, 2010

        Davidson, Alan; Aneesh Chopra as Chief Technology Officer, 
        Google Public Policy Blog, April 18, 2009

        Davidson, Alan. Looking back, looking forward, Google Public 
        Policy Blog, December 29, 2008

        Davidson, Alan. Looking back on the year in public policy, 
        Google Public Policy Blog, December 28, 2007

        Davidson, Alan. Eric Schmidt's summer of public policy, Google 
        Public Policy Blog, July 26, 2007

        Davidson, Alan; Morris, John. Internet Technical Standards 
        Setting Bodies: The Public Policy Venues of the Twenty-First 
        Century, The Standards Edge: Dynamic Tension, 2004

        Bruening, Paula; Davidson, Alan; Schwartz, Ari; Privacy 
        Principles for Authentication Systems, TPRC 2003, September 19. 
        2003

        Davidson, Alan; Morris, John. Policy Impact Assessments: 
        Considering the Public Interest in Internet Standards 
        Development, TPRC 2003, August 31, 2003

        Davidson, Alan; Morris, John. Public Policy Considerations for 
        Internet Design Decisions, CDT, June 2003

        Courtney, Robert; Davidson, Alan; Morris, Alan. Strangers in a 
        Strange Land: Public Interest Advocacy and Internet Standards, 
        CDT, September 29, 2002

        Auerbach, Karl; Crawford, Susan; Davidson, Alan; Neumann, 
        Peter. ICANN in Year 3, CFP '02: Proceedings of the 12th annual 
        conference on Computers, Freedom and Privacy, April 2002

        Davidson, Alan. Collective action and the development of 
        technical standards in U.S. industry, Masters Thesis, MIT, 1993
Speeches
        2020 U.S. Election Preview: Impact on the Digital Economy, MIT 
        Initiative on the Digital Economy Seminar, October 2020

        Global Data Protection: Privacy Through Better Product Design, 
        Canada House of Commons, International Grand Committee on Big 
        Data, Privacy and Democracy, May 2019

        Remarks of Department of Commerce Director of Digital Economy 
        Alan Davidson, 10th Annual Southeast Venture Conference, March 
        2016

        Remarks of Department of Commerce Director of Digital Economy 
        Alan Davidson, MMTC Broadband and Social Justice Summit, 
        January 2016

        Remarks of Alan Davidson, Director of Digital Economy, U.S. 
        Department of Commerce, US Telecom National Cybersecurity 
        Policy Forum, October 2015

        Presentation by Alan Davidson, Google Director of Public 
        Policy, Internet for Peace Conference, September 2010

        Internet Censorship in the World Today, American Jewish 
        Committee ACCESS DC, 10th Annual Young Diplomats Reception, 
        April 2010

        Liberty by Design, MIT Brunel Lecture Series on Complex 
        Systems, November 2009

        Google in Washington, Yale Law School, April 2008

        Making the World's Information Accessible: The View from 
        Google, American Library Association, May 2007

        Internet Regulation and Design: A View from the Front Lines, 
        MIT Technology & Policy Program 30th Anniversary Celebration, 
        May 2006

        Protecting the Freedom to Read in an Era of Internet Filtering, 
        American Library Association Mid-Winter Conference, January 
        2004

    18. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.

        Facebook:
        Alan Davidson (@abdavidson)--https://www.facebook.com/
        abdavidson (Active)

        Instagram:
        @davidsonsdc--https://www.instagram.com/davidsonsdc/ (Active)
        @alandavidsondc--https://www.instagram.com/alandavidsondc/ 
        (Dormant)

        Twitter: @abdavidson--https://twitter.com/abdavidson (Active)

        Snapchat: @abdavidson11 (Active)

        LinkedIn: Alan Davidson--https://www.linkedin.com/in/alan-b-
        davidson/
        (Active)

        Pinterest: @abdavidson0361--https://www.pinterest.com/
        abdavidson0361/
        (Dormant)

        TikTok: @AlanDavidson571--https://www.tiktok.com/
        @user8223090148538
        (Dormant)

    19. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony.

        Consumer Privacy and Protection in the Mobile Marketplace, 
        Senate Committee on Commerce, Science, and Transportation, 
        Subcommittee on Protection, Product Safety, and the Insurance, 
        May 19, 2011

        Protecting Mobile Privacy: Your Smartphones, Tablets, Cell 
        Phones, and Your Privacy, Senate Committee on the Judiciary, 
        Subcommittee on Privacy, Technology, and the Law, May 10, 2011

        Google and Internet Control in China: A Nexus Between Human 
        Rights and Trade?, Congressional-Executive Commission on China, 
        March 24, 2010

        Consumer Privacy and Government Technology Mandates in the 
        Digital Media Marketplace, Senate Committee on Commerce, 
        Science, and Transportation, September 17, 2003

        Internet Cooperation for Assigned Names and Numbers, Senate 
        Committee on Commerce, Science, and Transportation, 
        Subcommittee on Communications, July 31, 2003


        Overexposed: The Threats to Privacy and Security on Filesharing 
        Networks, House Committee on Government Reform, May 15, 2003

        Limited Powers, Improved Accountability: Saving the ICANN 
        Experiment, Senate Committee on Commerce, Science, and 
        Transportation, Subcommittee on Science, Technology, and Space, 
        June 12, 2002

        Cybercrime: Protecting Public Safety and Personal Privacy, 
        House Committee on the Judiciary, Subcommittee on Crime, June 
        12, 2001

        ICANN: Towards Domain Name Administration in the Public 
        Interest, House Committee on Energy, Subcommittee on 
        Telecommunications, February 8, 2001

        Carnivore's Challenge to Privacy and Security Online, House 
        Committee on the Judiciary, Subcommittee on the Constitution, 
        July 24, 2000

        Privacy, Security, and U.S. Encryption Policy, House Permanent 
        Select Committee on Intelligence, July 23, 1999

        Encryption Security in a High Tech Era, House Committee on 
        International Relations, Subcommittee on International Economic 
        Policy and Trade, May 18, 1999

        Security and Freedom Through Encryption Act, House Committee on 
        the Judiciary, Subcommittee on Courts and Intellectual 
        Property, March 4, 1999

    20. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    I am honored to have been nominated to lead NTIA and, if confirmed, 
would bring over 25 years of experience as an executive, public 
interest leader, technologist, and attorney. During this time, I have 
served in leadership positions in nonprofits, government, and industry, 
working at the intersection of technology, communications, and public 
policy. I was trained as a computer scientist, policy professional, and 
attorney. My experiences are directly applicable to the subject matter 
and managerial skills that will be central to success for NTIA's next 
leader.
    I have extensive experience leading organizations in high-pressure 
policy settings focused on issues directly related to NTIA's mission. 
Most recently, at Mozilla, I was responsible for leading global 
Internet policy, privacy and security risk management teams. I also 
have direct experience in the Commerce Department, gaining a broad 
perspective as its first Director of Digital Economy and a Senior 
Advisor to the Secretary. In addition, I have worked on broadband 
adoption and access and spectrum issues in several different forums, 
including New America's Open Technology Institute, Mozilla, and earlier 
at Google. I started Google's Washington office and worked on a broad 
range of tech and telecom issues as its Director of Policy for the 
Americas. I like growing organizations, a passion I hope to bring to 
NTIA at a time when it will be building capacity and seeking top talent 
for its compelling mission.
    I am eager to join NTIA because of the opportunities for impact 
that it offers. Foremost among these is the once-in-a-generation 
opportunity to bridge the digital divide and connect all Americans. If 
confirmed, I hope to play a critical role in ensuring all Americans 
have access to affordable, high-speed broadband service and to a more 
open and equitable online ecosystem. I also strongly believe in the 
importance of building our society's capacity to understand and 
leverage the implications of new technology and to build networks and 
technology in the service of people. I believe NTIA will play an 
important role in these efforts.
    21. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    NTIA has a critical role to responsibly administer its grant 
programs and other operational structures that will be essential to 
connecting all Americans to affordable, high-speed broadband service. 
Several proposals currently under consideration in Congress, would add 
substantial new oversight for billions of dollars of programs directly 
administered by NTIA. It will be essential for NTIA to administer 
grants, oversee funds, and manage its operational and advisory efforts 
in compliance with the law and with the greatest of integrity.
    The Assistant Secretary has responsibility for NTIA's work and for 
ensuring its proper management and oversight. If confirmed, I will work 
to hire and oversee top talent of high integrity with strong executive 
capabilities. I expect to work closely with legal counsel and budget 
officials at NTIA and the Commerce Department, to ensure grant-making 
has appropriate accounting controls in place and is done with the 
highest ethical standards. I am also committed to providing regular 
updates to Congress on the status of NTIA's work, and to seeking 
partnership with Congress in this whole-of-government effort to connect 
all Americans.
    I have substantial professional experience managing high-performing 
teams in high-pressure settings. I have most recently been an executive 
at the Mozilla Corporation, leading policy, privacy, and security teams 
executing projects essential to the company's success. As Director of 
the Open Technology Institute, I had managerial and fundraising 
responsibility for a 40-person team of technology builders and policy 
advocates. Earlier I started, built, and ran Google's policy team in 
Washington and then the Americas, ultimately managing a team of over 
60. As Director of Digital Economy at the Commerce Department, I ran 
the Secretary's Digital Economy Leadership Team and saw firsthand how 
managerial excellence can have impact in government. I have sat on 
multiple non-profit boards with fiscal oversight responsibilities. If 
confirmed, I believe all of these skills and prior managerial 
experiences will serve me well as Assistant Secretary and NTIA 
Administrator.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?

  1.  Bridging the Digital Divide--Broadband Internet is a critical 
        part of everyday American life. As the pandemic has made clear, 
        people need broadband to work, to learn, and to connect. Yet 
        too many American households today are being left behind 
        without affordable, high-speed broadband service. With programs 
        already funded, and the prospect of additional Federal 
        infrastructure funding, NTIA will be at the center of a once-
        in-a-generation opportunity to close the digital divide, 
        increase broadband access and adoption, and connect all 
        Americans. This will be my top priority in the coming years.

  2.  Ensuring Access to Spectrum--Spectrum use has never been more 
        critical for both Federal and commercial users. From meeting 
        the needs of Federal users to supporting the rollout of 5G and 
        other advanced wireless technologies to realizing the promise 
        of next generation services and connected devices, NTIA has a 
        central role to play in a broad coordinated, national approach 
        to spectrum use and planning, to meet the demand for spectrum 
        now and in the future.

  3.  Building a Stronger Internet--For over three decades the Internet 
        has been a beneficial force providing people with access to 
        knowledge, connections with community, and new economic 
        opportunities. But today's Internet faces increasing 
        challenges. Threats to security, eroding privacy, and 
        challenges to the openness of the Internet around the world are 
        among the risks that people face online today. We can do 
        better. NTIA is positioned to support the Administration and 
        lawmakers in bolstering cybersecurity, protecting privacy, and 
        pressing for America's view of a free and open Internet around 
        the world.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    I have a 401(k) retirement account with the Mozilla Corporation. 
Mozilla is no longer making contributions to that account. I am 
transferring it to an unaffiliated IRA investment account, which should 
be completed by December 31, 2021.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain.
    None. Policy Ventures, a consulting company of which I am the sole 
proprietor, will be inactive during my government service.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated. Explain how you will 
resolve each potential conflict of interest.
    As part of the nomination process, I have consulted with the Office 
of Government Ethics and the Designated Agency Ethics Official at the 
Department of Commerce to identify any potential conflicts of interest.
    Any conflict of interest will be resolved according to the ethics 
agreement that I have entered into with the Commerce Department's 
Designated Agency Ethics Official and that will be provided to this 
Committee.
    If an actual or potential conflict of interest arises during my 
appointment, I will consult with the Commerce Department's ethics 
counsel and take the necessary steps to resolve the conflict.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten years, whether for 
yourself, on behalf of a client, or acting as an agent, that could in 
any way constitute or result in a possible conflict of interest in the 
position to which you have been nominated. Explain how you will resolve 
each potential conflict of interest.
    As part of the nomination process, I have consulted with the Office 
of Government Ethics and the Designated Agency Ethics Official at the 
Department of Commerce to identify any potential conflicts of interest. 
Any conflict of interest will be resolved according to the ethics 
agreement that I have entered into with the Commerce Department's 
Designated Agency Ethics Official and that will be provided to this 
Committee.
    If an actual or potential conflict arises during my appointment, I 
will consult with ethics officials at the Department of Commerce and 
take actions necessary to resolve the conflict.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    I am not aware of any other potential conflicts of interest.
    If an actual or potential conflict arises during my appointment, I 
will consult with ethics officials at the Department of Commerce and 
take actions necessary to resolve the conflict.
    6. Describe any activity during the past ten years, including the 
names of clients represented, in which you have been engaged for the 
purpose of directly or indirectly influencing the passage, defeat, or 
modification of any legislation or affecting the administration and 
execution of law or public policy.
    From 2018 to 2020, in my role as Vice President of Global Policy, 
Trust, and Security, I have advocated for the Mozilla Corporation.
    From 2014 to 2015, in my role as New America Vice President of 
Technology, Policy, and Strategy and Director of OTI, I have advocated 
for the Open Technology Institute at New America.
    From 2005 to 2012, in my roles as Policy Counsel and Director of 
Public Policy, I advocated for Google Inc.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group?
    No.
    If yes:

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.
    Not applicable.
    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain. No.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain. No.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain. No.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain. No.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination. None.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority? Yes.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses, including technical experts and career employees, with 
firsthand knowledge of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]



    The Chairwoman. Thank you, Mr. Davidson. Mr. Ahmad, 
welcome.

STATEMENT OF VIQUAR AHMAD, NOMINEE TO BE ASSISTANT SECRETARY OF 
   ADMINISTRATION AND CHIEF FINANCIAL OFFICER, DEPARTMENT OF 
                            COMMERCE

    Mr. Ahmad. Thank you. Chair Cantwell, Ranking Member 
Wicker, and members of the Committee, I am honored and humbled 
to be here today as President Biden's nominee for the Assistant 
Secretary for Administration and the Chief Financial Officer of 
the Department of Commerce. I want to express my gratitude to 
President Biden for nominating me to this important role and to 
Secretary Raimondo and Deputy Secretary Graves for their 
confidence in me. If I am confirmed, it would be an honor to 
serve as part of their leadership team. Most importantly, I 
want to thank my family, especially my mother. Her boundless 
love, support, guidance, and grit made everything possible for 
my siblings and me. The love and support of my brothers, 
sister, nieces, and nephews has been a constant source of 
strength for which I am grateful.
    I am also appreciative of the role friends, mentors, and 
colleagues have played in my growth. I never imagined that I 
would 1 day be here as a Presidential nominee before this 
committee. It was never my intent to embark on a career in 
Washington, D.C.. Upon graduating, completing my undergraduate 
studies at the University of Texas at Austin, the Dean of my 
college asked if I would be willing to go to Washington D.C. to 
draft and implement the framework for a semester long 
experiential program, which eventually led to the creation of 
the Bill Archer Fellowship Program. It has proven to be wildly 
successful. Since its creation in 2001, over 1,500 talented 
young leaders from all backgrounds and walks of life have 
participated in this program and prepared for high impact 
careers in the public and private sector.
    I was deeply honored when former Congressman and then 
Chairman of the House Appropriations subcommittee on Labor, 
Health, and Human Services and Education, Chairman Ralph 
Regula, offered me a role on his staff to advise him on 
drafting the subcommittee's appropriations bill. He set an 
outstanding example of being open, listening and treating all 
constituencies with respect. Chairman Regula and Ranking Member 
Obey had a strong friendship which enabled Congress to enact 
considerable funding for education, National Institutes of 
Health, and workforce improvement programs. I witnessed the 
power of amazing relationships and bipartisanship coming 
together to deliver for the American people. My two decades of 
service in public Administration and financial management 
leadership roles in both the legislative and executive branches 
of Government has provided me with comprehensive experience in 
resource planning, budgeting, internal controls, policy 
development, and leading and managing organizational change.
    I have been a key contributor in developing policies and 
advocating--and allocating resources to successfully address 
the demands of our Nation's most critical and rapidly shifting 
financial requirements, including funding for natural 
disasters, cybersecurity, workforce training, and multibillion 
dollar national security acquisitions. The work done by the 
talented, committed, and hardworking agency staff in Finance 
and Administration is rarely front stage, but it is essential 
to operational success. Should I be confirmed, I will lead and 
partner with the dedicated public servants at the Department of 
Commerce to effectively carry out our work.
    My top priority, if confirmed, would be to help the 
Secretary, the Deputy Secretary, and other senior leadership to 
put forth the best budget to support the Department of 
Commerce's strategic needs. Second, I believe we must provide 
evidence to Congress, the public, and our agency partners that 
we are good stewards of public resources. Finally, if 
confirmed, I look forward to the opportunity to ensure our 
human resource focus is on recruiting, developing, and 
retaining a well-rounded cadre that understands not just how to 
do a job, but how varied functional expertise plays into the 
overall mission.
    I am so profoundly grateful for the opportunities this 
country has given me. Public service has been my way of 
contributing to the well-being of our Nation, through 
strengthening educational opportunities, health care, workforce 
investments, and the safety and security of our homeland. If 
confirmed, I look forward to advancing our common mission to 
build a stronger American economy. Thank you so much for 
allowing me to appear before the Committee. I look forward to 
your questions.
    [The prepared statement and biographical information of Mr. 
Ahmad follow:]

 Prepared Statement of Viquar Ahmad, Nominee to be Assistant Secretary 
 for Administration and Chief Financial Officer, Department of Commerce
    Chair Cantwell, Ranking Member Wicker, and Members of the 
Committee, I am honored and humbled to be here today as President 
Biden's nominee for the Assistant Secretary for Administration and 
Chief Financial Officer of the Department of Commerce.
    I want to express my gratitude to President Biden for nominating me 
to this important role, and to Secretary Raimondo and Deputy Secretary 
Graves for their confidence in me. If I am confirmed, it would be an 
honor to serve as part of their leadership team.
    Most importantly, I want to thank my family, especially my mother. 
Her boundless love, support, guidance, and grit made everything 
possible for my siblings and me. The love and support of my brothers, 
sister, nieces, and nephews has been a constant source of strength for 
which I am grateful. I am also appreciative of the role friends, 
mentors, and colleagues have played in my growth.
    I never imagined that I would one day be here, as a Presidential 
nominee, before this Committee.
    It was never my intent to embark on a career in Washington, D.C. 
Upon finishing my undergraduate studies at the University of Texas, the 
Dean of my college asked if I would be willing to go to D.C. to draft 
and implement a framework for an experiential semester-long learning 
program for fellow students. The result of this effort led to the 
creation of the Bill Archer Fellowship Program, which has proven wildly 
successful. Since 2001, more than 1,500 talented young leaders from all 
walks of life and background have participated in this program as they 
prepared for high-impact careers in the public and private sector.
    I was deeply honored when former Congressman and then-House 
Appropriations Subcommittee on Labor, Health and Human Services, and 
Education Chairman Ralph Regula offered me a role on his staff to 
advise him on drafting that subcommittee's appropriations bill. He set 
an outstanding example of being open, listening, and treating all 
constituencies with respect. Chairman Regula and Ranking Member Obey 
had a strong friendship which enabled Congress to enact legislation 
that considerably increased funding for education, National Institutes 
of Health, and workforce improvement programs. I witnessed the power of 
amazing relationships and bipartisanship coming together to deliver for 
the American people.
    My two decades of service in public administration and financial 
management leadership roles in both the Legislative and Executive 
Branches of government have provided me with comprehensive experience 
in resource planning, budgeting, internal controls, policy development, 
and leading and managing organizational change. I have been a key 
contributor in developing policies and allocating resources to 
successfully address the demands of our Nation's most critical and 
rapidly shifting financial requirements, including funding for natural 
disasters, cybersecurity, workforce training, education, bio-medical 
research, and multi-billion-dollar national security acquisitions. I 
have consistently cultivated and directed teams to integrate process 
improvements, utilize structured approaches to solve problems, and 
inspire staff to achieve standards of excellence.
    The work done by the talented, committed, and hardworking agency 
staff in finance and administrative roles is rarely front stage, but it 
is essential to operational success. Should I be confirmed, I will lead 
and partner with the dedicated public servants at the Department of 
Commerce to effectively carry out our work.
    My top priority, if confirmed, would be to help the Secretary, 
Deputy Secretary, and other senior leadership put forth the best budget 
to support the Department of Commerce's strategic needs. Second, I 
believe we must provide evidence to Congress, the public, and our other 
agency partners that we are good stewards of public resources. Finally, 
if confirmed, I look forward to the opportunity to ensure our human 
resource focus is on recruiting, developing, and retaining a well-
rounded cadre that understands not just how to do a job, but how varied 
functional expertise plays into the overall mission.
    I am so profoundly grateful for the opportunities this country has 
given me. Public service has been my way of contributing to the well-
being of our Nation through strengthening the educational 
opportunities, healthcare, workforce investment, and safety and 
security of our homeland. If confirmed, I look forward to advancing our 
common mission to build a stronger American economy.
    Thank you for allowing me to appear before this Committee. I look 
forward to your questions.
                                 ______
                                 
                      a. biographical information
    1. Name (Include any former names or nicknames used): Viquar Ahmad.
    2. Position to which nominated: Assistant Secretary for 
Administration and Chief Financial Officer.
    3. Date of Nomination: September 13, 2021.
    4. Address (List current place of residence and office addresses):

        Residence: Information not provided to the public.
        Office: 3140 O'Neill House Office Building, Washington, D.C. 
        20024

    5. Date and Place of Birth: March 17, 1974; Hyderabad, India.
    6. Provide the name, position, and place of employment for your 
spouse (if married) and the names and ages of your children (including 
stepchildren and children by a previous marriage).
    Not applicable.
    7. List all college and graduate degrees. Provide year and school 
attended.

        George Washington University, Master's in Public Administration 
        (2003)
        University of Texas at Austin, Bachelor's degree with honors in 
        Corporate Communication (1999)

    8. List all post-undergraduate employment, and highlight all 
management-level jobs held and any non-managerial jobs that relate to 
the position for which you are nominated.
    All post-undergraduate employment is related to the position for 
which I've been nominated. All management-level jobs are indicated 
below.

        Deputy Chief Financial Officer, U.S. House of Representatives 
        (Management-Level)

        Assistant Budget Director, U.S. Department of Homeland Security 
        (Management-Level)

        Staff Director and Associate Chief Financial Officer, 
        Corporation for National and Community Service (Management-
        Level)

        Assistant to the Chairman, U.S. House of Representatives

        Director of University Initiatives, The University of Texas 
        System

    9. Attach a copy of your resume.
    Please see attached.
    10. List any advisory, consultative, honorary, or other part-time 
service or positions with Federal, State, or local governments, other 
than those listed above, within the last ten years.
    Not applicable.
    11. List all positions held as an officer, director, trustee, 
partner, proprietor, agent, representative, or consultant of any 
corporation, company, firm, partnership, or other business, enterprise, 
educational, or other institution within the last ten years.
    I'm a governing member of an LLC (Green Garden Group). This LLC was 
created in January 2021 to manage a rental property. The LLC has not 
been used for this purpose since its establishment as I am in the 
process of selling the property.
    12. Please list each membership you have had during the past ten 
years or currently hold with any civic, social, charitable, 
educational, political, professional, fraternal, benevolent or 
religiously affiliated organization, private club, or other membership 
organization. (For this question, you do not have to list your 
religious affiliation or membership in a religious house of worship or 
institution.). Include dates of membership and any positions you have 
held with any organization. Please note whether any such club or 
organization restricts membership on the basis of sex, race, color, 
religion, national origin, age, or disability.
    I was on the Board of my DC condominium association (Bryn Mawr 
Condominium Association). Membership is not restricted.
    13. Have you ever been a candidate for and/or held a public office 
(elected, non-elected, or appointed)? If so, indicate whether any 
campaign has any outstanding debt, the amount, and whether you are 
personally liable for that debt. No.
    14. List all memberships and offices held with and services 
rendered to, whether compensated or not, any political party or 
election committee within the past ten years. If you have held a paid 
position or served in a formal or official advisory position (whether 
compensated or not) in a political campaign within the past ten years, 
identify the particulars of the campaign, including the candidate, year 
of the campaign, and your title and responsibilities.
    I served as a volunteer for President Obama's re-election campaign 
in 2012.
    15. Itemize all political contributions to any individual, campaign 
organization, political party, political action committee, or similar 
entity of $200 or more for the past ten years.
    $250 in 2016 to Hillary Clinton for President.
    16. List all scholarships, fellowships, honorary degrees, honorary 
society memberships, military medals, and any other special recognition 
for outstanding service or achievements.

        United States Coast Guard Meritorious Public Service Medal

        DHS Comptroller's Award for Superior Mission Achievement (team 
        recognition)

        DHS Outstanding Service Award

        DHS CFO Outstanding Supervisor Award

        DHS CFO Special Act Award

        DHS CFO Special Act Award

        Harvard University, John F. Kennedy School of Government, 
        Awarded an Executive Certificate in Public Leadership

        Stanford University, Certificate of Completion for the Emerging 
        CFO: Strategic Financial Leadership Program

        Stanford University, Certificate of Completion in Leading 
        Change and Organizational Renewal

    17. Please list each book, article, column, Internet blog posting, 
or other publication you have authored, individually or with others. 
Include a link to each publication when possible. Also list any 
speeches that you have given on topics relevant to the position for 
which you have been nominated. Do not attach copies of these 
publications unless otherwise instructed.
    Not applicable.
    18. List all digital platforms (including social media and other 
digital content sites) on which you currently or have formerly operated 
an account, regardless of whether or not the account was held in your 
name or an alias. Include the name of an ``alias'' or ``handle'' you 
have used on each of the named platforms. Indicate whether the account 
is active, deleted, or dormant. Include a link to each account if 
possible.

        Facebook (active) (Viquar Ahmad | Facebook)
        LinkedIn (dormant)

    19. Please identify each instance in which you have testified 
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each 
testimony.
    Not applicable.
    20. Given the current mission, major programs, and major 
operational objectives of the department/agency to which you have been 
nominated, what in your background or employment experience do you 
believe affirmatively qualifies you for appointment to the position for 
which you have been nominated, and why do you wish to serve in that 
position?
    I have served in public administration/financial management 
leadership roles in the public sector for more than 20 years. During 
this time, I have gained comprehensive experience in resource planning, 
budgeting, internal controls for financial administration, policy 
development, and leading and managing organizational change.
    I have been a key contributor in developing policies and allocating 
resources to successfully address the demands of our Nation's most 
critical and rapidly shifting financial requirements, including funding 
for natural disasters, cybersecurity, workforce training, education, 
bio-medical research and multi-billion dollar national security 
acquisitions. I have consistently cultivated and directed teams to 
integrate process improvements, utilize structured approach to solve 
problems, and inspired staff to further standards of excellence.
    I wish to serve in this position because my professional 
experiences have prepared me well to effectively lead and partner with 
the dedicated public servants at the Department of Commerce. If 
confirmed, I will work hard to advance our common mission to build a 
stronger American economy.
    21. What do you believe are your responsibilities, if confirmed, to 
ensure that the department/agency has proper management and accounting 
controls, and what experience do you have in managing a large 
organization?
    My responsibilities would include providing leadership to ensure 
the appropriate Federal managers under my charge are taking systematic 
and proactive measures for establishing and maintaining internal 
control to achieve the objectives of effective and efficient 
operations, reliable financial reporting, and compliance with 
applicable laws and regulations. Identification of needed improvements 
and taking prompt corrective actions would take precedence. I have 
spent more than a decade in management-level positions while at the 
U.S. Department of Homeland Security and at the U.S. House of 
Representatives.
    22. What do you believe to be the top three challenges facing the 
department/agency, and why?
    My top priority would be to help the Secretary, Deputy Secretary, 
and other senior leadership put forth the best budget to support the 
Department of Commerce's strategic needs.
    Second, I believe we must provide evidence to our partners, 
Congress, and the public that we are good stewards of public resources.
    Finally, if confirmed, I look forward to the opportunity to ensure 
our human resource focus will be on recruiting, developing, and 
retaining a well-rounded cadre that understands not just how to do a 
job, but how varied functional expertise plays into the overall 
mission.
                   b. potential conflicts of interest
    1. Describe all financial arrangements, deferred compensation 
agreements, and other continuing dealings with business associates, 
clients, or customers. Please include information related to retirement 
accounts.
    I have no financial arrangements, deferred compensation agreements, 
or continuing dealings with business associates, clients, or customers. 
I am enrolled in the Federal Government's Thrift Savings Program (TSP), 
which is not required to be disclosed on OGE Form 278, but hold no 
other retirement accounts.
    2. Do you have any commitments or agreements, formal or informal, 
to maintain employment, affiliation, or practice with any business, 
association or other organization during your appointment? If so, 
please explain.
    Not applicable.
    3. Indicate any investments, obligations, liabilities, or other 
relationships which could involve potential conflicts of interest in 
the position to which you have been nominated. Explain how you will 
resolve each potential conflict of interest.
    Any potential conflict of interest will be resolved in accordance 
with the terms of my ethics agreement, which was developed in 
consultation with ethics officials at the Department of Commerce and 
the Office of Government Ethics. I understand that my ethics agreement 
has been provided to the Committee. I am not aware of any potential 
conflict other than those addressed by my ethics agreement.
    4. Describe any business relationship, dealing, or financial 
transaction which you have had during the last ten years, whether for 
yourself, on behalf of a client, or acting as an agent, that could in 
any way constitute or result in a possible conflict of interest in the 
position to which you have been nominated. Explain how you will resolve 
each potential conflict of interest.
    Any potential conflict of interest will be resolved in accordance 
with the terms of my ethics agreement, which was developed in 
consultation with ethics officials at the Department of Commerce and 
the Office of Government Ethics. I understand that my ethics agreement 
has been provided to the Committee. I am not aware of any potential 
conflict other than those addressed by my ethics agreement.
    5. Identify any other potential conflicts of interest, and explain 
how you will resolve each potential conflict of interest.
    Other than those addressed by my ethics agreement, I am not aware 
of any other potential conflict of interest. Any potential conflict of 
interest will be resolved in accordance with the terms of my ethics 
agreement, which was developed in consultation with ethics officials at 
the Department of Commerce and the Office of Government Ethics.
    6. Describe any activity during the past ten years, including the 
names of clients represented, in which you have been engaged for the 
purpose of directly or indirectly influencing the passage, defeat, or 
modification of any legislation or affecting the administration and 
execution of law or public policy.
    Not applicable.
                            c. legal matters
    1. Have you ever been disciplined or cited for a breach of ethics, 
professional misconduct, or retaliation by, or been the subject of a 
complaint to, any court, administrative agency, the Office of Special 
Counsel, professional association, disciplinary committee, or other 
professional group? If yes:

  a.  Provide the name of agency, association, committee, or group;

  b.  Provide the date the citation, disciplinary action, complaint, or 
        personnel action was issued or initiated;

  c.  Describe the citation, disciplinary action, complaint, or 
        personnel action;

  d.  Provide the results of the citation, disciplinary action, 
        complaint, or personnel action.

    Not applicable.
    2. Have you ever been investigated, arrested, charged, or held by 
any Federal, State, or other law enforcement authority of any Federal, 
State, county, or municipal entity, other than for a minor traffic 
offense? If so, please explain.
    Not applicable.
    3. Have you or any business or nonprofit of which you are or were 
an officer ever been involved as a party in an administrative agency 
proceeding, criminal proceeding, or civil litigation? If so, please 
explain.
    Not applicable.
    4. Have you ever been convicted (including pleas of guilty or nolo 
contendere) of any criminal violation other than a minor traffic 
offense? If so, please explain.
    Not applicable.
    5. Have you ever been accused, formally or informally, of sexual 
harassment or discrimination on the basis of sex, race, religion, or 
any other basis? If so, please explain.
    Not applicable.
    6. Please advise the Committee of any additional information, 
favorable or unfavorable, which you feel should be disclosed in 
connection with your nomination.
    Not applicable.
                     d. relationship with committee
    1. Will you ensure that your department/agency complies with 
deadlines for information set by congressional committees, and that 
your department/agency endeavors to timely comply with requests for 
information from individual Members of Congress, including requests 
from members in the minority?
    Yes. Having served in the Legislative Branch, I have tremendous 
respect for Congress as an institution and its oversight role. I 
recognize the importance of accessibility to the department and, if 
confirmed, will work hard to cultivate and maintain a positive and 
productive relationship.
    2. Will you ensure that your department/agency does whatever it can 
to protect congressional witnesses and whistle blowers from reprisal 
for their testimony and disclosures? Yes.
    3. Will you cooperate in providing the Committee with requested 
witnesses, including technical experts and career employees, with 
firsthand knowledge of matters of interest to the Committee? Yes.
    4. Are you willing to appear and testify before any duly 
constituted committee of the Congress on such occasions as you may be 
reasonably requested to do so? Yes.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    The Chairwoman. Thank you very much. Mr. Ahmad, I am going 
to start with you since you are going to be in charge of major 
new investments in supply chain security and domestic 
manufacturing. How will you make sure that those are well spent 
and free of political influence?
    Mr. Ahmad. Sure. Senator, thank you so much for that 
question. If I am confirmed, we will make sure that all of the 
funding is spent in accordance with the law. We will provide 
expenditure plans and we will make sure that all of the monies 
are managed in a cost effective manner.
    The Chairwoman. Thank you. One of the issues--you know, 
Senator Wicker and I very much believe that broadband is an 
important public policy. I think it is safe to say we probably 
wouldn't have written the law the way, the infrastructure 
package, if Senator Wicker and I were writing it. One of the 
issues is this issue of the actual mapping.
    And so you represent a panoply of interests here, Mr. 
Ahmad, making sure resources are spent, Mr. Kolko, knowing what 
census tract means, Mr. Davidson, your role, and obviously Ms. 
Sohn at the FCC. I will note that when Chairman Rosenworcel was 
here in front of the Committee for her hearing, when I asked 
her about the broadband maps, I said, what--how would you 
describe them? And she said, well, it reminds me of what 
someone else said, they stink.
    And so the point is here, Mr. Davidson, it is going to be 
hard for me to want to move forward on your nomination if we 
don't get confirmation from both you and the Secretary of 
Commerce that you understand the digital divide aspect of this. 
We have mapping that has been presented to our committee from 
the private sector that already shows that 70 percent of the 
problem is on affordability, not necessarily on access, in hard 
to service areas. We want to do both, but we need to hear that 
there is a commitment to having accurate mapping and to 
actually have this resource go to that community.
    Because if the majority of the people are lacking the 
resources, it is not about whether connectivity is just down 
the block, it is about what are we going to do about 
affordability. So Ms. Sohn, I will start with you and then Mr. 
Davidson, if you could address the mapping problem and what you 
think needs to be done about it.
    Ms. Sohn. So the FCC's maps for many years have been very 
inaccurate. They have only measured who has connectivity in a 
census block. And if one person or one household could get 
connectivity in the census block, then everybody was deemed to 
have it. Thanks to Congress and thanks to Senator Wicker and 
others on this committee, we now have the Broadband Data Act, 
which require a much more granular maps.
    I was delighted to hear that the FCC just gave a contract 
for the broadband serviceable location fabric, which tells you 
where broadband can be deployed. And now we have got to go and 
get the information--excuse me, the FCC needs to get the 
information from the carriers about where they do deploy.
    So look, the infrastructure bill requires the maps be done 
before any serious money is given out. So it is going to be--if 
I am confirmed, it is going to be a very, very high priority 
for me to try to get those maps done quickly.
    The Chairwoman. Mr. Davidson.
    Mr. Davidson. Chair, thank you for that question. First of 
all, I will just say the maps are going to be essential and for 
the reason that you said, if we are going to meet the goal of 
connecting all Americans, and that means both providing them 
with access and also making sure they can afford to get online, 
we are going to need to have a good understanding of where we 
have service problems.
    And this has been, as Ms. Sohn said, a huge, ongoing 
problem. And I would associate myself with the comments of 
Chair Rosenworcel at her hearing, the maps have been a problem 
for years. We have known it. We need to fix it. And we have 
this problem where one--you know, one person in a census block 
has service and we count everybody that can be thousands of 
people can be huge areas, particularly in our rural parts of 
America. So I would just say, if confirmed, I would be 
committed to working on this.
    We absolutely need those maps in order to proceed in the 
right way with the funding that we have been given at NTIA, and 
I appreciate you raising the question, we have to be looking at 
the whole picture here.
    The Chairwoman. Well, I am going to follow up for the 
record on more detail there because I think what is problematic 
about the solution is that it is somewhat lopsided as it 
relates to the resources and what really is going to take to 
solve the problem. If you are solving for access in some of our 
hard to serve areas, I am sure there is enough money.
    If you are trying to solve for this issue of digital 
divide, I am not sure there is. And so I think it--we don't 
want to subsidize expensive broadband. We want a solution that 
really will help us deliver affordable broadband. So anyway, 
Mr. Kolko, just quickly for the record, I am sure that when it 
comes to Census Bureau data, you will work to make sure that it 
is most accurate and accessible when needed for policymakers to 
solve our problems.
    Mr. Kolko. Absolutely.
    The Chairwoman. Thank you. Senator Wicker.
    Senator Wicker. Well, thank you very much, and I subscribe 
to many of the statements that my friend, the Chair just 
mentioned. Ms. Sohn, just the map issue is really going to be 
your jurisdiction. You have $48.2 billion. Very much needed. 
Folks out in the states, particularly in the broad, heartland 
of America, are very excited about this. And we have talked 
about speed and getting accurate results quickly for a long 
time. When we needed vaccines, our military helped us come up 
with Operation Warp Speed. What ideas you have about a warp 
speed way to get accurate maps?
    Ms. Sohn. Thank you, Senator Wicker. I think one of the 
things that Chairwoman Rosenworcel is definitely going to be 
working on, and if I am confirmed I would like to work on with 
her, is getting everybody around the country, the states--a lot 
of states have maps already and they are quite accurate. So 
getting the states, getting localities, basically crowdsourcing 
where broadband is and isn't. So that is really kind of the 
third step. So the first step is the fabric, which Chairwoman 
Rosenworcel has now secured. The second is getting the 
information from the broadband providers. And the third is the 
crowdsourcing.
    Senator Wicker. Can you give us an idea about how long you 
think that is going to take, till we can start bringing 
connectivity with this $48.2 billion and other money?
    Ms. Sohn. Yes, Senator, I am not sure just because I am not 
privy to all the information that the FCC has now, so I don't 
think I could give you a timeline. I will just say, as a person 
who has said over and over again, you can't make good policy 
without good maps, if I am confirmed, that would be one of the 
things I would dedicate myself to, and I would hope that the 
Chairwoman would task me with working on those maps.
    Senator Wicker. OK. Let me switch to price regulation. And 
you mentioned in your verbal testimony and in your written 
testimony, ``competition markets work best when there is 
vigorous competition, policies that promote competition are 
always superior to heavy handed behavioral or price 
regulation.'' As I am sure you are aware, that has been one of 
my concerns with the so-called net neutrality. I don't know of 
anybody on this committee or within the sound of my voice, 
really that wants blocking and throttling.
    We want--I want a light touch regulation, the kind of 
regulation that gave the United States a leg up during the 
COVID-19 pandemic, when our European friends had shutdowns and 
slowdowns, and we really had no problem in that regard, even 
though there was a quantum leap in Internet usage and zoom 
calls and things like that. We had the investment, in my view 
because of the light touch.
    And I am--I have been talking about this for a long time 
and I am a big boy and I have been around the block and so have 
you Ms. Sohn, but you said that I have spread net neutrality 
disinfo in saying just what I said. So how was I spreading net 
neutrality disinfo? Do you recall that remark?
    Ms. Sohn. Yes, well, it was a tweet, and it was during the 
consideration of the Save the Internet Act. And I believe what 
I was referring to was the question about whether broadband 
investment went down during the time where there was titled to 
net neutrality and whether it went up after the repeal. That is 
what I was referring to. I do disagree. I actually think that 
Title II and actually the evidence shows that Title II and net 
neutrality had no impact on investment.
    And if you look at SEC filings and even the words of the 
broadband providers themselves, they will--they have actually 
said entitled Title II really had no impact on investment. But 
I agree with you generally that light touch is better. But what 
I am concerned about now and with the repeal in 2017 of the net 
neutrality rules and the reclassification of broadband is that 
we have no touch. And the net neutrality debate, which I have 
been doing now for 20 years, really is more about whether there 
is going to be oversight. Chairwoman Rosenworcel said this 2 
weeks ago.
    It is really much broader than the no blocking and the 
throttling. It is about whether broadband, which we all agree 
is an essential service, should have some Government oversight. 
And right now, it doesn't have any.
    Senator Wicker. What went wrong during the 4-years of 
Chairman Pai under the repeal of basically the Title II part of 
net neutrality?
    Ms. Sohn. Yes. So what went wrong wasn't so much again 
about the blocking and the throttling, although there was one 
study from Northeastern University that showed that mobile 
providers at all times of day were blocking and throttling 
traffic--were throttling traffic, excuse me, regardless of the 
reason. But for the most part, that wasn't the problem. The 
problem, again, was lack of oversight.
    So if you indulge me, I would like to give just two 
examples. The first was in 2018, when firefighters were 
fighting then the largest fire in California, the Mendocino 
Complex Fire, and their broadband provider was throttling back 
their broadband. There was no place the firefighters could go 
to get relief. They actually were arguing with them for 7 
months until finally they struck a deal to pay I think it was 
double the money.
    So there was no--they had no recourse, right. They couldn't 
go to the FCC because the FCC didn't have authority. The FTC 
didn't have authority, either. So it was more a matter of who 
is going to protect competition, who is going to protect public 
safety.
    Senator Wicker. Can you and I agree that that particular 
example could be addressed without Title II rate regulation 
authority. Can we agree to that?
    Ms. Sohn. Without rate regulation, absolutely.
    Senator Wicker. And I know I have gone beyond, as the Chair 
did in her questioning, but I will get back at another time. 
Thank you, Madam Chair.
    The Chairwoman. Thank you, Senator Wicker.
    Senator Blumenthal.

             STATEMENT OF HON. RICHARD BLUMENTHAL, 
                 U.S. SENATOR FROM CONNECTICUT

    Senator Blumenthal. Thanks, Madam Chair. Thank you all for 
being here. Thanks for your public service. Ms. Sohn, I 
appreciated your comments about protecting competition and 
localism in journalism. I agree with you on the Sinclair 
Tribune merger. Fortunately, eventually, Chairman Pai agreed 
with us, as did other news outlets, including many of the 
conservative media. There should be nothing partisan about 
protecting localism and competition journalism, and I 
appreciated your comments about that goal being of heightened 
importance, I think, in the pandemic particularly so.
    Can you tell us a little bit more about how specifically 
you would protect and enhance local journalism? Chair, Senator 
Cantwell is leading a bill, the Local Journalism Sustainability 
Act. I am a strong supporter of it. One example, just one 
example of what we could do. Maybe you have some thoughts.
    Ms. Sohn. Thank you, Senator. I want to say first that, you 
know, local broadcasting really is vital to the lifeblood of 
every community. I mean, they alone among communications 
platforms are dedicating--dedicated to serving local 
communities with emergency alerts, with local news, with local 
journalism so I think it is critically important. I would like 
to see--well, first of all, I also support Chairwoman 
Cantwell's bill and the payroll tax credit. I think that is 
great. That is obviously not within the jurisdiction of the 
FCC, but I would like to see the FCC have more opportunities 
for diverse viewpoints.
    You know, there is a broadcast incubator program that was 
started, I believe, in 2018 and 2019, and its intent is to help 
more minorities get access to radio. And I think it would be 
great to expand that--number one, I guess I would like to see 
how it is working, if I am confirmed, but I don't see any 
reason why not to expand it to television. I think we need more 
opportunities for voices that are not normally heard to 
actually be heard on broadcasting, because that still is the 
place where people get again, local news and information.
    Senator Blumenthal. I am a very faithful listener to radio 
since I spend a good deal of my life in the car bouncing around 
the State of Connecticut. We don't travel by plane as some of 
my colleagues do, but by car, and I would join you in seeking 
to strengthen those local voices. I think they are very 
important. Let me ask you, and I am going to have some 
questions for the record on robocalls, you know, about the 
proposed rule that Chairman Rosenworcel circulated last month, 
and I hope that you will be a supporter of efforts on 
robocalls. But Senator Blackburn and I, with the support of 
Chairwoman Senator Cantwell, have been having a number of 
hearings in recent weeks about the revelations of harms by big 
tech, a number of the platforms, to children and teens.
    Also on the issue of privacy, we will be hearing from 
Instagram's CEO next week. I would also note that in October, 
the FTC issued a very disturbing report regarding the negative 
consumer impacts of the repeal of the FCC's broadband privacy 
rules. I am sure you are familiar with them. There are deep 
problems, I don't need tell anyone on this panel, either on 
your side or ours, with both big tech and big cable's 
violations of consumer privacy, and we need rules for both. A 
number of us have been working on various bills. So I would 
like to give you and Mr. Davidson an opportunity to comment on 
the importance of this privacy crisis and what Congress ought 
to be doing, what you can do through the FCC and the NTIA.
    Ms. Sohn. Yes. Thank you, Senator. Privacy is sacred, 
privacy of personal information. And when your personal 
information is abused, it can have economic impacts, it can 
have social impacts, and even have physical impacts. So I have 
been a huge supporter of Congress passing a comprehensive 
consumer privacy bill. And if I am confirmed, I would love to 
work with you and anybody else on this dais on doing that. But 
the implications of not protecting privacy, whether it be on 
big tech platforms or over ISPs are enormous and the harms have 
already been shown.
    One of the things that were in the FTC's report--was in the 
FTC's report was it was shown that bounty hunters were getting 
some of the information, right. And sometimes bounty hunters 
find people that should be found, but a lot of times they find 
people that shouldn't be found. So it could actually result in 
physical harm. So I would love to see Congress move forward. 
And, you know, if the FCC has the opportunity, which would take 
some time, I think that would be interesting as well.
    Senator Blumenthal. Thank you. Mr. Davidson.
    Mr. Davidson. Just quickly. First of all, thank you for the 
question. You know, not a week goes by that there isn't some 
new revelation about how Americans are finding out that their 
private data is being used in ways that are harmful or 
unexpected. And we need to do better in that area. I know you 
have been a leader in this space for a long time. The most 
important thing that we can do is passing a comprehensive 
privacy bill for the United States. I know this is something 
that this committee has been actively working on. And if 
confirmed, I would do everything that I can to bring NTIA's 
resources to bear to support that effort, so thank you.
    Senator Blumenthal. Thank you. Thanks, Madam Chair.
    The Chairwoman. Senator Blunt.

                 STATEMENT OF HON. ROY BLUNT, 
                   U.S. SENATOR FROM MISSOURI

    Senator Blunt. Thank you, Chair. Mr. Ahmad, I am afraid I 
am not going to have any questions for you, and you may not get 
many today, but I did want to tell you how much I appreciate 
your mentioning Ralph Regula, who I got to serve with him in 
the House. He was a great leader of that committee that you 
worked on and you were a great part of that team, and I am glad 
you are willing to serve in this job.
    Mr. Ahmad. Thank you.
    Senator Blunt. Ms. Sohn, talking about local news, local 
radio, let's talk about--let's talk about Locast a little bit. 
You were on that board. Locast built its business model on 
streaming local television to the internet, generally without 
obtaining the consent of the broadcast TV station or the 
copyright holders. There was a lawsuit--you went on that Board 
actually after the lawsuit started. And at this point, I think 
in August, there was a determination that Locast agreed to a 
settlement. So no appeal here. $32 million settlement. Do you 
want to talk about that, your decision to go on the Board, and 
if this impacts your dealings with the very same local 
broadcasters that sued the company that you were on the Board 
of? And I only have 5 minutes, so we can talk about this a lot, 
but be as brief as you can in clearing this up for me.
    Ms. Sohn. Sure, Senator Blunt. So Locast was a nonprofit 
service that provided local broadcast signals through streaming 
to folks who couldn't get them and it relied on a copyright 
exemption. OK, this was a case of first oppression. It relied 
on an exemption for nonprofits. I thought it was a good thing 
both for local broadcasters, and local broadcasters didn't sue, 
the networks sued. I also thought it was good for viewers. And 
these were viewers, for example, in orphan counties who maybe 
couldn't get certain programing. There were a lot of low income 
folks that also use the service. So I thought this was, from a 
public interest, pro-consumer perspective I thought this was 
good----
    Senator Blunt. But the judge didn't agree?
    Ms. Sohn. Well no, what the judge said, and let me be 
specific about this, what the judge said was Locast was not 
entitled to the exemption. So it was literally within days of 
that decision coming down, we shut Locast down and it is in the 
process of selling its assets and you know probably will no 
longer exist by the end----
    Senator Blunt. And you don't think this will have any 
impact on your dealing with local broadcasters in any way?
    Ms. Sohn. I do not believe it will. Like I said, I revere 
local broadcasting. I think it is very important. I would like 
if I am confirmed, I would really like to sit down with them, 
explain what I did, and get from them ideas about how I can 
help local broadcasting be more competitive, more resilient, 
and more diverse.
    Senator Blunt. And the networks that you say are the ones 
that sued Locast, you have no problem with them either?
    Ms. Sohn. I don't have any problem with them. I mean, just, 
you know, I have no hard feelings. And it wouldn't bias me in 
any way. I take very seriously allegations of bias. And I have 
been working very closely with the Office of Government Ethics 
to make sure that, you know, I have no conflicts and I have no, 
you know, predetermined biases. No, but just because they sued 
Locast, no that wouldn't bias my decisions. And as a 
policymaker, if I am confirmed, I have to set my biases--even 
if I had a bias, I have to set those aside, look at the 
totality of the record, look at the law, confer with my 
colleagues, confer with staff, confer with all of you, and make 
a decision.
    Senator Blunt. So I have got a list of comments here about 
Fox News. Are you biased against them?
    Ms. Sohn. So that--you referring to my tweets that are now 
pretty famous. I understand they are concerning to some. And 
anyone who knows me knows I am pretty direct. But they were 
made in my role as a public interest advocate. They were made 
in the context, and I think context is very important--context 
of hearings, hearings and media reports. You know, maybe the 
tone was a little sharper. Maybe I should have dulled it a 
little bit, but again, it was part of my job essentially as a 
public interest advocate.
    Senator Blunt. And do you think they are the only news 
agency that is State sponsored propaganda?
    Ms. Sohn. Let me----
    Senator Blunt. That is your quote, by the way.
    Ms. Sohn. Yes, I know it is my quote. Yes. I just wanted to 
complete my thought. My opinions as a public interest advocate 
will have no bearing on how I behave as a policymaker, if I am 
confirmed. You know, I have been in Government before and the 
values that are important to being a policymaker, 
responsiveness, transparency, integrity, that is what you will 
get from me if I am confirmed. So yes, I said some things may 
be too sharp, but they will have absolutely no determination in 
how I would rule on a proceeding with any of those companies.
    Senator Blunt. Well, I wish I had more time Chair, but I 
don't so.
    The Chairwoman. Thank you, Senator Blunt. Senator 
Blumenthal--I am sorry, Senator Schatz. Sorry, Senator Schatz.

                STATEMENT OF HON. BRIAN SCHATZ, 
                    U.S. SENATOR FROM HAWAII

    Senator Schatz. Thank you very much, Chair Cantwell. Mr. 
Davidson, I know you appreciate the unique connectivity 
challenges that Hawaii faces because we are the most isolated, 
populated place on the planet. I need your commitment and the 
staff's commitment to work with me and my office to meet 
Hawaii's broadband needs.
    And you may know that the context is that the negotiations 
around the bipartisan infrastructure bill were unnecessarily 
contentious around definitions because people couldn't picture 
in their mind's eye the difference between terrestrial 
infrastructure and connecting the 50th state, which happens to 
be an island chain. And so do I have your commitment to work on 
these issues, including the equitable treatment of the 50th 
state?
    Mr. Davidson. Thank you, Senator. You absolutely have my 
commitment on that, and I appreciate from our conversation how 
important this is to Hawaii and to making sure that we fulfill 
this promise to connect everyone in America. And the beauty of 
the program that has been put forward in the IAJA is that every 
state will have its own plan. And I look forward to working 
with you to make sure we get the right plan for your state.
    Senator Schatz. Thank you. One more question for you, Mr. 
Davidson, the Tribal Broadband Connectivity Fund. As the Chair 
of the Indian Affairs committee, I have heard directly from 
Native American leaders about the disproportionate impact that 
COVID-19 has had on their communities. But we did provide 
historic levels of relief funds that continue to be deployed to 
tribal Governments in the Native Hawaiian community. Will you 
commit to consulting and coordinating with Native Hawaiians, 
Native Americans, and Alaska Native communities on the 
deployment of these NTIA funds?
    Mr. Davidson. I absolutely will commit to that.
    Senator Schatz. Thank you very much. Ms. Sohn, nice to see 
you. Earlier this year, I, with other members of this 
committee, led a letter to the CEOs of AT&T, Verizon, and T-
Mobile asking for commitment to protect consumers before the 
carriers shut down 3G networks. Do you share our concerns about 
a 3G shutdown? And I know you are excellent at summarizing. So 
could you please summarize the problem for consumers and what 
you could do about it as a Commissioner?
    Ms. Sohn. Sure, Senator Schatz. So basically, the carriers 
want to stop their 2G and 3G and in some cases 4G 
transmissions, their mobile transmissions because they want to 
move to 5G. Which is important. We want that. And it is going 
to be a transformative technology. We want that to happen. 
However, there are still, I believe it is 13 to 17 percent of 
Americans still rely on 2G or 3G.
    So shutting it down too soon without some sort of 
mitigation will leave a lot of people without the ability to 
call an ambulance, to call their family, or you know, or to do 
anything just about. So this seems to me to be a problem that 
can be resolved through some negotiation. There is a petition 
pending before the FCC right now, before that was submitted by 
the alarm industry, because that is another thing, alarms will 
stop working. So there are serious public safety implications 
about shutting down 2G and 3G too quickly.
    Senator Schatz. Yes, I would just observe that this is so 
potentially catastrophic and so fixable that I--that my worry 
is that everybody assumes it is going to get fixed because it 
would be preposterous to leave millions of Americans without 
the basic connectivity that their lives depend on. And yet, 
here we are without a solution, so I am hoping we can work 
together upon confirmation.
    Ms. Sohn. Absolutely. Look, this is where I think my 
collaborative skills in my negotiation skills, if I am 
confirmed, could really come into play because this seems to me 
to be an issue that can be resolved with a little bit of play.
    Senator Schatz. Thank you. Final question to Mr. Kolko. The 
American Community Survey is the primary source of data on the 
Nation's changing socioeconomic and demographic 
characteristics. Do I have your commitment to work with me to 
address the challenges facing ACS, including what additional 
resources may be necessary?
    Mr. Kolko. Yes, Senator, I commit to work with you on 
improving the resources and working on the challenges to the 
ACS.
    Senator Schatz. Thank you. Thank you, Chair.
    The Chairwoman. Thank you, Senator Schatz. And I just want 
to thank you for your leadership on these important issues. All 
states aren't the same, and I think that it is too bad again 
that the infrastructure bill didn't accommodate and recognize 
the uniqueness of Hawaii in these issues. And this isn't the 
first time that this has gone on.
    So I think people are just--the jig is up on broadband. 
Like we are not going to keep doing the same thing. We are not 
going to tolerate, like we are going to get back to you. We are 
not going to tolerate--we are we are going to get the accuracy 
and we are going to come up with a plan even for places like 
Alaska and Hawaii that are hard to serve. OK, Senator Fisher.

                STATEMENT OF HON. DEB FISCHER, 
                   U.S. SENATOR FROM NEBRASKA

    Senator Fischer. Thank you, Madam Chair. And thank you to 
each of our nominees for being here today. Ms. Sohn, I noticed 
you tweeted that FCC subsidies can be helpful in, ``forcing 
companies to compete.'' You have also said that ``whenever you 
hear anybody complain about overbuilding on broadband networks, 
translate that to competition.'' Would you stand by those 
statements, yes or no?
    Ms. Sohn. I would stand by those statements, although I do 
support what is in the IAJA, the notion that the money should 
go first to building where there is nothing, on unserved areas, 
and then and only then should underserved areas be served. So I 
was a big supporter of the IAJA. I worked on it with several 
offices here, and so I did tweet those things prior, but I 
liked the framework that is in the IAJA right now.
    Senator Fischer. Thank you for clarifying that. I 
appreciate that. After Congress passed the bipartisan 
infrastructure bill, the Commerce Secretary Raimondo talked 
about transparency and oversight that were needed for State 
broadband proposals, and she said, we need to make sure that 
the money isn't used in overbuilding, so I am glad that you 
agree with her. Mr. Davison, in our conversation when we met 
earlier, you also spoke about the redundancy of overbuilding, 
and I would ask you if you would confirm that to us here at the 
hearing.
    Mr. Davidson. I confirm that I certainly support Secretary 
Raimondo's comments on this.
    Senator Fischer. OK, thank you very much. Ms. Sohn, you 
often tie the competition conversation to municipal broadband, 
and I previously expressed concerns to former FCC Chairman Tom 
Wheeler about the Commission's actions on municipal broadband 
because it undermines State laws. You were his Counsel at that 
time. Did you advise him on that order?
    Ms. Sohn. I probably did. I don't really have a specific 
recollection, but I think it is important to note that right 
now the FCC can do nothing about municipal broadband. As you 
know, we did try to preempt the State laws of North Carolina 
and in Tennessee that prohibited either new builds of municipal 
broadband or extensions of already built networks and the Sixth 
Circuit said that we did not have the authority. So if I am 
confirmed, there is not a whole lot I could do about municipal 
broadband.
    Senator Fischer. Given the court's reversal of that 
preemption order, do you regret pursuing that?
    Ms. Sohn. No, Senator Fischer. I have supported municipal 
broadband for a very long time. It is actually---I mean things 
are kind of changing now. It is not so much cities and towns 
providing their own service. What you are now seeing is middle 
mile being built and commercial entities, they are called open 
access networks. They have them in Utah, they have them in 
North Carolina, and a lot of places, where you--where basically 
the municipality, the city, the town builds the middle mile and 
then they invite commercial broadband providers to come and 
provide service. And that really results in enormous 
competition.
    Senator Fischer. So do you believe that the FCC should be 
able to dictate to states what their broadband policy should 
be? Should the FCC preempt State law?
    Ms. Sohn. So the FCC does not have the authority to preempt 
State law. And I actually think--look, over the last three or 4 
years, I have been working a lot with the states to try to get 
them sort of ready for what Mr. Davidson is about to give them 
in terms of money. I think the FCC needs to have a better 
relationship with the states. And if I am confirmed one of the 
things, I would ask the Chairwoman if I could be a liaison to 
the states because I have really formed very good relationships 
with them. And I actually agree with you, I think in the past 
we haven't made--we haven't outreached to the states and made 
them partners. We have been more adversarial, so----
    Senator Fischer. There is a committee within the FCC, am I 
correct in this, that--it is a committee that brings the states 
together. And it is my understanding from some members of our 
public service Commission in the State of Nebraska that this 
committee, even though it is there, it doesn't meet, it doesn't 
do anything. Would you be interested in looking into that and 
possibly from your comments, you know, and working with states 
here to be able to have that communication in a more formalized 
manner through this committee?
    Ms. Sohn. I assume you are talking about the Joint State 
Board on Universal Service. Absolutely. I mean, I was Chairman 
Wheeler's liaison to the Intergovernmental Advisory Committee, 
and I worked with them very well. Made a lot of friends, 
including some friends, just Republican friends who just signed 
a letter on my behalf. So I would be delighted to do that. If 
Chairwoman Rosenworcel were to--if I was confirmed and she 
wanted to appoint me to the Joint Board, I would be honored.
    Senator Fischer. Nebraska is one of the few states after 
the 1996 law that did form their own State Universal Service 
Fund and was very proactive on that, and it works well. But, so 
that is why I do have concerns about some of your comments on 
preempting State laws to be forthright with you.
    Ms. Sohn. Fair enough.
    Senator Fischer. Thank you.
    Ms. Sohn. Happy to clarify them.
    Senator Fischer. Thank you.
    The Chairwoman. Senator Klobuchar.

               STATEMENT OF HON. AMY KLOBUCHAR, 
                  U.S. SENATOR FROM MINNESOTA

    Senator Klobuchar. Thank you very much, Madam Chair. 
Congratulations to all of you. Ms. Sohn--I will lead with 
actually Mr. Davidson, because you mentioned a nice Segway of 
his job, which will be overseeing the distribution of the State 
broadband grants, billions of dollars, and all of us on both 
sides of the aisle have had frustrations in our states where 
money has gone out, from the states, from the Federal 
Government, and it doesn't get done.
    It is one of the reasons and I have talked to Secretary 
Raimondo about this, there is a clawback provision in there 
that would allow us to take back funds. Could you talk about 
the number one question I got when I was talking to people who 
were very excited about these grants, including yesterday with 
the President in Minnesota, is what is your plans to getting 
the distribution of the funding going?
    Mr. Davidson. Well, thank you, Senator Klobuchar. And I 
will just say that this is incredibly important an historic 
opportunity for us to connect everybody, as you have mentioned. 
We have a twin imperative to get the money out that we have 
been given quickly and to get it out carefully. I think the 
plan there, first and foremost, is going to be working with the 
states.
    We need partners in the states, and I think there is a lot 
that NTIA can do to help build capacity in the states to be 
able to have a partner to work with. We can provide technical 
assistance. We have been given funding from Congress. And I 
think that will be a top priority in getting this moving.
    Senator Klobuchar. Exactly. And I think everyone, you are 
going to start hearing about timetables and what is happening. 
We are very excited about this, and you are going to be in a 
key role. And I hope we get you confirmed immediately because 
of that, as well as the other nominees. Ms. Sohn, I start by 
just putting on the record, Madam Chair, if I could submit a 
letter from the Consumer Technology Association in support of 
Ms. Sohn.
    The Chairwoman. Yes, without objection.
    [The information referred to follows:]

                            Consumer Technology Association
                                   Arlington, VA, November 30, 2021

Hon. Maria Cantwell,
Chair,
Senate Committee on Commerce, Science, and Transportation.

Hon. Roger Wicker,
Ranking Member,
Senate Committee on Commerce, Science, and Transportation.

Re: Nomination of Gigi Sohn for Commissioner, Federal Communications 
            Commission

Dear Chair Cantwell and Ranking Member Wicker:

    I write to strongly support the nomination of Gigi Sohn to serve as 
Commissioner of the Federal Communications Commission (FCC) and urge 
the Senate Committee on Commerce, Science, and Transportation to move 
her nomination forward expeditiously.
    Ms. Sohn is extraordinarily qualified for this position. Her record 
reflects a long and distinguished career in technology, media and 
telecommunications policy as a consumer advocate, public servant and 
academic. In addition, she is widely recognized for her commitment to 
principle over partisanship and is deeply respected by industry, civil 
society groups, Republicans and Democrats.
    More, Ms. Sohn has always been a strong defender of free speech and 
an advocate of robust, substantive debate. Our First Amendment is 
nonpartisan and has been respected by Republican and Democratic FCC 
commissioners alike. Ms. Sohn has an extensive record of writing and 
speaking in defense of free speech and as FCC Commissioner would uphold 
free expression by those with different views.
    The FCC's work has never been more important for preserving a 
strong economy and strengthening America's global leadership. Until Ms. 
Sohn is confirmed, the absence of a full Commission will continue to 
hold the agency back from addressing the Nation's most pressing 
communications policy issues. Ms. Sohn is a pragmatic, data-driven 
problem solver who understands what it takes to drive the future of 
work, education and ongoing innovation. Based on more than two decades 
of knowing Ms. Sohn, I am confident she will ask the critical questions 
and truly listen to the answers, regardless of whether they are 
consistent with her personal priorities.
    Ms. Sohn has the qualifications of an FCC nominee that every 
Senator should be pleased and proud to confirm. I encourage you to do 
so.
            Sincerely,
                                              Gary Shapiro,
                                                 President and CEO,
                                       Consumer Technology Association.
cc: Members of the Senate Committee on Commerce, Science, and 
Transportation

    Senator Klobuchar. OK, very good. So Ms. Sohn, you were 
just talking about your work with states, and you have also 
worked on a variety of issues. Of course, some of this will 
come up, broadband competition, innovation. Can you talk about 
how you have worked with colleagues on the opposite side of the 
aisle on these types of issues?
    Ms. Sohn. Yes, Senator. So let me give an example from net 
neutrality, because that is an issue that obviously keeps 
coming up. And I think it is really important, obviously. I am 
a supporter. But in 20--I believe it was in 2012--no, excuse 
me, it was 2010. We were waiting for the FCC to act on net 
neutrality, and it was taking a very, very long time. So I was 
asked along with some other public interest groups, to consider 
a legislative compromise. And this was led by Congressman 
Waxman and there were some Republican offices involved as well. 
The ISPs were supportive, and the bill was not perfect, but 
Public Knowledge, the organization that I ran at the time, 
decided to support it.
    And the night before the news was going to get out that we 
were supporting this, I called my public interest colleagues 
and told them, we are going to do this, we know you are not 
going to be happy about it, but this is what we are going to 
do. And a lot of them were not happy about it. I think some of 
them were still unhappy about it to this day, but I think it 
was a demonstration of pragmatism, willingness to work with 
folks that you don't necessarily agree with, and the desire to 
get something done.
    Like nothing was happening. The FCC was frozen for whatever 
reason, and we got something done and actually caused the FCC 
to finally move. So I am about making progress. I am not 
interested in standing on ceremony, you know, standing on my 
laurels. I want to get stuff done and we have a great 
opportunity here.
    Senator Klobuchar. Exactly. So as you look at what we can 
get done, just two things I will follow up on here. One is, and 
I know you have talked a lot about broadband, and we have a lot 
of members here with significant rural areas on both sides of 
the aisle. Could you talk about how you would work with rural 
providers in areas where they might not have any broadband 
right now or more likely, very, very low speed broadband?
    Ms. Sohn. So the IAJA specifically says that the FCC has to 
provide technical assistance. It requires NTIA to work with the 
FCC. And since NTIA is only 150 people, I think we can really 
help them provide technical assistance.
    And the NTIA, in turn, has to provide technical assistance 
to the states and the carriers that get money from the states. 
So I see it as sort of like a virtuous relationship, and I hope 
that we will get the opportunity, I know we will get the 
opportunity to make sure that these unserved areas are served 
and that rural providers who need help--I mean, it is a 
complicated process, this like multi-grant process, and that we 
can provide them the assistance they need.
    Senator Klobuchar. One last question. You and I talked 
about how I chaired that 9-1-1 caucus, and we have still work 
to be done on upgrading our 9-1-1 systems. Could you very, very 
briefly talk about how you think we could modernize these 
systems? And I know I will ask you in writing, Mr. Davidson.
    Ms. Sohn. I think what is most important, Senator 
Klobuchar, is that we don't have a digital divide in NG 9-1-1, 
and we have to have the resources to make sure that people in 
rural areas or people in low income areas also have NG 9-1-1, 
not just people in rich areas. So I worry about that NG 9-1-1 
divide as well.
    Senator Klobuchar. OK, very good. Thank you very much. I 
will ask you, Mr. Ahmad, you, Mr. Kolko, questions on the 
record. I really appreciate your willingness to serve.
    The Chairwoman. Thank you, Senator Klobuchar. Senator 
Moran.

                STATEMENT OF HON. JERRY MORAN, 
                    U.S. SENATOR FROM KANSAS

    Senator Moran. Chairman, thank you very much. I never know 
whether those who don't get asked questions are pleased by that 
or feel left out.
    [Laughter.]
    Senator Moran. Consider it a compliment, I think. I 
appreciate all of your willingness to serve, if confirmed, and 
I am grateful I serve on this committee. I am also an 
appropriator for the Department of Commerce and appropriator 
for the FCC, and I look forward to working with you and in both 
those capacities. Mr. Davidson, I want to start with you. As I 
indicated, we, Senator Shaheen chairs and I am the ranking 
Republican on the Committee that appropriates for NTIA.
    I need your commitment that you will work with us on NTIA's 
budget and funding issues. I assume that is the case. I don't 
think you have a choice. And that when it comes to spending the 
dollars that Congress provided, I wasn't a part of the original 
group of 11 Republican Senators who participated in the 
infrastructure bipartisan plan, I am very interested in having 
the opportunity, in conjunction with Senator Shaheen, to have 
conversations with you on NTIA's implementation and execution.
    Mr. Davidson. Senator, you absolutely have my commitment 
and I look forward to talking to you more about that.
    Senator Moran. I would welcome that. Ms. Sohn, you have 
impressed me this morning. I appreciate your intelligence and 
experience. I remember the days--I am always griping that there 
are not Kansans in charge of the FCC. But I also remember the 
days of what I considered a lot of difficulties at the FCC, in 
which members did not seem, in my view, to communicate with 
each other, and there was just a challenge there in getting 
along. I assume you would remember what I am talking about and 
would indicate to me that you would work hard to avoid that 
circumstance.
    Ms. Sohn. Senator Moran, I absolutely would. And I must 
also say that when I was at the FCC, I always reached out to my 
Republican colleagues. I mean, you know, I didn't just have, 
you know, lunch with the Commissioners, although I was in Ajit 
Pai's Fantasy Football League twice. So it is really important 
to me. To me, these things are not personal, policy 
differences. So yes, I will do that.
    Senator Moran. I appreciate your answer to Senator Blunt's 
question. I too was concerned about--I am a supporter and 
advocate for local journalism, local broadcast journalism, in 
particular that the FCC would have jurisdiction over, and I 
wanted to make certain that what you said was the truth in 
regard to no hard feelings, no bias, no consequences to that 
lawsuit. And you confirmed that, and I appreciate that you did. 
We have allocated, the Congress has allocated lots of money to 
new broadband deployment programs, many different agencies.
    And there is some thought that the Universal Service Fund, 
what is its role now? We have had conversations, I visited with 
Chairwoman Rosenworcel yesterday, and the question that I 
raised with her is one I would raise with you, what role does 
USF play--I mean, we have talked about trying to expand where 
its revenues come from or to reform USF fund, but with all the 
money that Congress is granting to deploy broadband, what now 
with the USF?
    Ms. Sohn. That is a great question, and what is great about 
that question is that the IAJA answers it, because it requires 
the FCC, I think within 30 days of the President signing the 
bill, to start a proceeding to look at how all the money, the 
$65 billion in the IAJA, how that will impact Universal Service 
Fund. And I think that is really, really important. And then 
they have to submit a report within 9 months that lays out 
options for whatever needs--whatever might be left. I mean, it 
is entirely possible, and again, I don't want to prejudge, but 
it is entirely possible that after all this money is spent, you 
don't need as big a high cost fund, right, or lifeline is 
different.
    Again, I don't want to prejudge it, but I think that that 
process, that provision is so important because you don't just 
throw $65 billion at broadband and then just say, well, here is 
Universal Service over here. So I look forward, if I am 
confirmed, to participating in that proceeding because I think 
that is going to be super important.
    Senator Moran. Your answer reminds me of the importance I 
would suggest to you and assume that, you know, and same with 
Mr. Davidson, in the coordination, we have asked for a 
commitment from the FCC when your fellow Commissioners were 
here that we are going to coordinate and would include rural 
development or USDA and others to make certain that we do this 
in a smart way. Mr. Davidson, Congress set some important 
guidelines in the Infrastructure Investment and Jobs Act 
related to broadband deployment, defining underserved areas. I 
am sorry, unserved areas.
    The goal, of course, is to prevent overbuilding of existing 
networks. I am an advocate for that view for a long time. I 
have seen the consequences where we have spent money, which in 
my view was not the place it should be spent. We have placed 
restrictions on particularly the USDA manners. Those 
restrictions were somewhat loosened, contrary to my desire, in 
that bipartisan infrastructure bill.
    But I want to hear from you that you will do everything you 
can to ensure that the intent of Congress in going--in 
providing those resources to unserved areas is where the money 
will go.
    Mr. Davidson. Senator, I appreciate that question. I think 
the statute is actually quite clear. It lays out a framework. 
Unserved is first, and you have my commitment, if confirmed, to 
follow that framework faithfully.
    Senator Moran. Can you explain, Mr. Davidson--I don't, my 
clock is not here, so chairman, use your gavel, but use it 
sparingly, please. Can you explain what NTIA's role in data 
privacy is? You indicated, I think, in your testimony that the 
FTC, ``FTC is to set rules on unfair data collection and 
surveillance practices that may damage consumer privacy.'' In 
your written testimony, you mentioned the importance of NTIA 
helping to build a better internet, including efforts when it 
comes to protecting privacy. What are you telling us?
    Mr. Davidson. Well, Senator, certainly A, privacy is 
extremely important. B, I do believe that NTIA does have a 
statutory role, both as advisor to the President on 
telecommunications and private--and information policy, and 
also spelled out in places in the various statutes are giving 
around NTIA. And then finally, I would just say NTIA has a 
history here already of providing over recent in recent years 
analysis and support of stakeholder listening sessions, as 
recently announced. And so I think there is work that we can do 
with the policy expertise that exists at NTIA to support the 
Administration and Congress in its deliberations around 
privacy.
    The Chairwoman. Senator Markey. Thank you, Senator Moran.
    Senator Moran. Thank you, Chairman.

               STATEMENT OF HON. EDWARD MARKEY, 
                U.S. SENATOR FROM MASSACHUSETTS

    Senator Markey. Oh, thank you, Madam Chair. Ms. Sohn, in 
2015 the FCC approved the open Internet order, which put in 
place net neutrality protections and properly treated broadband 
as a telecommunications service under Title II of the 
Communications Act. The Trump era FCC later eviscerated net 
neutrality and eliminated the Commission's rightful authority 
to protect broadband users, promote public safety, and close 
the digital divide. Yet, the ongoing pandemic has left no doubt 
today broadband is an essential utility.
    Now, more than ever, Americans need net neutrality. Now 
more than ever Americans need a Commission with authority to 
oversee broadband. Ms. Sohn, do you believe that the FCC has 
the authority it needs to reinstate net neutrality and to 
restore a classification of broadband as a Title II service, as 
Chairwoman Rosenworcel recently stated in front of this 
committee?
    Ms. Sohn. Yes, Senator Markey, I agree with Chairwoman 
Rosenworcel that the FCC has authority.
    Senator Markey. Thank you. And it is going to be very 
difficult for us, obviously, to pass legislation which I have 
been trying to move since my days in the House and over here in 
the Senate. So I do think it is very important for us to have 
three Commissioners that do support the notion that the FCC has 
that authority to act. The coronavirus pandemic has also 
highlighted the homework gap that exists across our country. We 
know the 12 to 17 million children in America were without the 
Internet throughout the course of this pandemic.
    I was successful in creating the Emergency Connectivity 
Fund, which is now providing $7 billion in eRate home 
connectivity funding. To date, the FCC has allocated $6 billion 
in--has received more than $6 billion in funding and has 
awarded $3 billion in grants thus far. The program, to put it 
simply, has led to 10 million students receiving devices and 
having the Internet at home, which they need.
    Unfortunately, the Emergency Connectivity Fund will soon 
run dry without additional funds. Ms. Sohn, do you agree that 
we should provide additional funding to the Emergency 
Connectivity Fund in the Build Back Better Act?
    Ms. Sohn. Yes, Senator Markey, absolutely. And 
congratulations, by the way, on the first emergency 
connectivity fund.
    Senator Markey. Yes, this is a crisis that we are in and 
the new variant is only going to further exacerbate this 
problem and we just have to be realistic about what is 
happening to second, third, fourth graders all across the 
country who do not have access. And do you think we need a 
permanent solution to this problem, given what we have learned 
during this pandemic?
    Ms. Sohn. Yes, Senator Markey. One thing that I would like 
to see the FCC do and would support if I am confirmed would be 
a reinterpretation of the eRate law to permit funding to go to 
homes, right. So my daughter's in back of me for a year and a 
half. Her classroom, which is what the law talks about being 
funded, right connectivity to the classroom, was her bedroom. 
Sometimes it was a dining room table, but it was usually the 
bedroom. So the FCC, in my opinion, has the authority to 
reinterpret the law and I believe would be upheld by the courts 
to say that the classroom is pretty much almost anywhere, but 
it certainly is in the home.
    Senator Markey. Yes, thank you. And I agree with you 100 
percent. We just have to have a policy in our country that 
realizes that this is essential for children. My father drove a 
truck with a hood milk company, but I could compete against the 
school superintendents' daughter or son of my hometown, because 
I could take my books home. If you can't take your books home, 
you are not going to be competing. And that is what the 
Internet represents here today. So we thank you, Ms. Sohn, for 
your historic contributions to telecommunications policy thus 
far.
    You are an expert, and we need experts in this field, so 
thank you for your service. And Mr. Davidson, Ms. Sohn was 
talking about the need to have essentially Darwinian paranoia 
inducing competition in order to avoid regulation, but we know 
that competition falls short. And as a result, rural America, 
poor America, they haven't really received all the benefits of 
broadband, which is what your job is going to be.
    So on the question of municipal broadband projects, as you 
implement the $42 billion deployment program, what is your goal 
in terms of making sure that municipal broadband gets the--
municipal utilities get the resources that they need in order 
to provide services?
    Mr. Davidson. Senator, thank you for the question. I will 
just say, obviously this is an incredibly important moment for 
us to be making sure that we are reaching everyone, and we 
are--I think we really need an all of the above approach to how 
we are going to connect, particularly in rural America. 
Municipal broadband has played a big role in some places, and I 
think that the statute the IAJA makes it quite clear that we 
believe that municipal broadband can be, and for some states 
will be an important part of our----
    Senator Markey. Will you commit to helping those 
municipal----
    Mr. Davidson. I commit to helping those municipal--
municipalities do that and bringing the resources of NTIA.
    Senator Markey. And finally, we have a report from 
scientists who project that sea level rise will submerge more 
than 4,000 miles of fiber optic cables during the next 15 
years. Will you commit to working, you know, to make sure that 
funding goes to make sure that the effects of climate change do 
not have devastating impacts in terms of access to broadband?
    Mr. Davidson. Resilience is an incredibly important value, 
I think, in implementing that IAJA, particularly the middle 
mile program that NTIA will be working on and I think can help 
address the resilience issues that come up with broadband, 
particularly in the face of climate change.
    Senator Markey. Thank you. And again, we are trying to 
operate in an acronym free zone, so IAJA is just another word 
of saying the infrastructure bill that just passed for anyone 
who is wondering what are we talking about.
    Mr. Davidson. Thank you, Senator.
    The Chairwoman. Thank you.
    Senator Markey. Thank you, Madam Chair.
    The Chairwoman. Thank you, Senator Markey. I think we have 
Senator Blackburn, followed by Senator Peters then Senator 
Sullivan.

              STATEMENT OF HON. MARSHA BLACKBURN, 
                  U.S. SENATOR FROM TENNESSEE

    Senator Blackburn. Thank you, Madam Chairman. Mr. Davidson, 
very quickly. One of the things when I was in the House, I have 
said many times we need to have an inventory of spectrum that 
is held by Federal agencies. And while Congress supported doing 
this, we have Federal agencies that have opposed this. But we 
need to know what spectrum is in what hands, what they are 
using those bands for, and then we need to recoup spectrum that 
is lying fallow. This is NTIA's jurisdiction. Will you commit 
to working with us to get this done?
    Mr. Davidson. Senator, I commit to working with you to get 
that done.
    Senator Blackburn. We appreciate that, and I see Ms. Sohn 
over there kind of chuckling because she has heard me talk 
about this for years and the need for getting this done. And 
Ms. Sohn, let me come to you. Let me ask you for a ``yes or 
no'' on some questions. Has the Pai Administration's decision 
to repeal the Wheeler Title II rules in any way stopped the FCC 
from executing its broadband deployment efforts, yes or no?
    Ms. Sohn. It has not, but it rests on a very thin----
    Senator Blackburn. Yes or no----
    Ms. Sohn. I am sorry, no. The answer is no.
    Senator Blackburn. Alright, no, that is correct. It has not 
impeded. That is correct. You have said you support a title to 
regime plus forbearance from various FCC regulations, what the 
FCC did in 2015. Senator Markey just referenced that. So is 
that forbearance worth anything? Can't future FCC just un-
forbear and impose more rules on the internet?
    Ms. Sohn. Senator, indeed----
    Senator Blackburn. No----
    Ms. Sohn. Sorry about that, yes, they could.
    Senator Blackburn. That is right. Alright, do you support 
broadband rate regulation?
    Ms. Sohn. No.
    Senator Blackburn. OK.
    Ms. Sohn. That was an easy one.
    Senator Blackburn. Well, good because in times past you 
have supported rate regulation if my memory is correct. Would 
more regulation of the Internet help encourage investment in 
broadband networks?
    Ms. Sohn. No, I don't believe--well, when you say Internet 
regulation, are you talking about the broadband providers?
    Senator Blackburn. I am talking about the providers, 
regulation of the internet, Government control of the internet. 
Are you going to get more private investment to continue 
expanding these networks or are you going to get less?
    Ms. Sohn. I believe it has no impact.
    Senator Blackburn. I would say you are wrong about that 
because look at what has happened by networks being able to get 
out there and expand broadband. There are a lot of counties in 
Tennessee, our 95 counties, where they have partnered up with 
State grants, they have partnered up with Federal grants, they 
partnered up with Ilex and Clex, and electric power co-ops. And 
we have very rural counties that are close to having fiber 
across the entire county. So it has an impact. A private sector 
approach works. OK, the infrastructure bill that was recently 
signed into law funnels money to underserved areas, which means 
overbuilding existing networks and ignoring rural areas for 
cities. Do you believe this will close the digital divide?
    Ms. Sohn. I support the framework that unserved must be 
served first, OK, and then and only then after the states prove 
to the NTIA that unserved, the unserved first, then you can 
spend money on the underserved.
    Senator Blackburn. Yes, because one of the downfalls of the 
Obama era was the overbuilding of networks, of existing 
networks in cities and the rural areas were left behind. They 
did not get that money, and that is why we have as much 
disparity as we have existing right now, and we need to be 
encouraging that investment into these networks.
    OK, when you worked for Tom Wheeler, you led the FCC's 
efforts to put broadband privacy rules into place, rules that 
Congress later struck down as an overreach of the FCC 
authority. And you recently said that there is no real 
oversight of broadband carriers going on. So do you believe the 
FTC has in some way fallen down on its job as a consumer 
privacy agency?
    Ms. Sohn. I don't believe so, but I have to admit I haven't 
followed what the FTC has been doing very much lately.
    Senator Blackburn. Well, they are the privacy regulator, 
and as we have debated for many years very vigorously, this is 
their jurisdiction, this is not the FCC's jurisdiction, and we 
need one regulator, one set of rules for the entire Internet 
ecosystem. OK, if the FCC were to reclassify broadband as a 
Title II service again, would you support the FCC once again 
attempting to enact broadband privacy rules?
    Ms. Sohn. I would prefer if Congress passed a comprehensive 
consumer privacy bill. And I know Senator Blackburn, you have 
been a leader in that regard. If the chairwoman undertook such 
a proceeding, I obviously would participate in it and obviously 
she would have to be classified first. But I would prefer to 
see Congress settle the matter with a comprehensive consumer 
privacy bill. And I have been very, very clear on that.
    Senator Blackburn. OK, thank you. You were on the Board of 
Directors for Locast, a streaming service that shut down, right 
about the time you were nominated for pirating content. Locast 
was shut down for pirating content. Despite your talk about 
valuing content, it seems like you are not being consistent in 
your value of protecting intellectual property of creators. And 
as you know, retransmission is an issue that has been debated, 
and I know we are going to continue this conversation about 
protecting content that is there, but my time has expired. 
Madam Chairman, thank you.
    The Chairwoman. Thank you. Thank you very much. Senator 
Peters. And by the way, happy birthday, Senator Peters.

                STATEMENT OF HON. GARY PETERS, 
                   U.S. SENATOR FROM MICHIGAN

    Senator Peters. Thank you. Thank you.
    The Chairwoman. You are not going to get a song for me.
    Senator Peters. Oh, I was looking forward to that so much.
    [Laughter.]
    The Chairwoman.--but hope you have a wonderful day.
    Senator Peters. Well, thank you, Madam Chairman. And thank 
you for recognizing me. And to each of our nominees, 
congratulations on your nomination and thank you for your 
willingness to serve in these positions. Ms. Sohn, Michigan has 
as an urban, rural broadband problem that certainly can't be 
addressed by one size fits all, and that is not unique to 
Michigan by any means. That is basically the situation all 
across the country. That is why I co-sponsored the Broadband 
Infrastructure Financing Innovation Act, which supports public, 
private partnerships that work to connect families and 
communities.
    Right, one of the outstanding examples in my state is 
Northern Michigan University Educational Access Network that 
provides broadband connections to all the homes nearby. So I 
would like you to talk a little bit about local partnerships, 
how important they are in your mind. Should we continue to 
focus on this? And if so, what do you recommend that we do to 
make sure these partnerships continue to provide these very 
vital services?
    Ms. Sohn. Thank you, Senator Peters. Look, I think 
localities are critical inputs to getting the digital divide 
closed. And again, the broadband infrastructure bill, I will 
use Senator Markey's term, requires states to bring localities 
into the conversation. They can't just spend the money without 
talking to local officials, and I think that needs to continue. 
I think that is very, very important. I have dealt with an 
awful lot of mayors that care deeply about this issue, and I 
think we need to continue to support their efforts to get 
broadband to their communities.
    Senator Peters. As Chairman of Homeland Security in 
Government Affairs committee, protecting critical 
infrastructure is one of my primary jobs, and critical 
infrastructure is currently--certainly telecommunication 
networks, protecting them from cyber-attacks. We have 
compromised components that are out there. And then natural 
disasters that hit and wipe out these services.
    This year, the Communications, Security, Reliability and 
Interoperability Council has made, I think, important steps to 
coordinate between the FCC and the Department of Homeland 
Security, but by allowing the Department of Homeland Security 
to co-chair for the first time. So certainly think that is long 
overdue and I appreciate that. But Ms. Sohn, how can DHS and 
FCC better coordinate to improve the security of these networks 
to create increased resiliency and in particular, disaster 
recovery?
    Ms. Sohn. Senator, that is a great question. I can't say I 
have thought about it a whole lot, although I am delighted to 
hear about the joint work of DHS and says CSRIA. Actually, my 
wife works at DHS, so that is a good thing. I do think maybe 
perhaps what could happen is what we have with the FCC and the 
FCC Chair and the Administrator, NTIA are required to meet 
twice a year.
    So maybe we could have something similar with the Secretary 
of DHS and Chairwoman Rosenworcel be required to meet at least 
twice a year to try to flesh out how we can work together. I am 
really happy to hear this because I know that Chairman, former 
Chairman Wheeler really wanted to have the FCC more involved in 
cybersecurity, particularly now when you are seeing all these 
hacks is so critically important. But DHS obviously has the 
primary role, so I would like to see some sort of movement to 
work together on a more regular basis.
    Senator Peters. Well, I appreciate that. And if confirmed, 
I would certainly like to work with you and have this 
conversation as to how we bring these agencies working 
together. We just, we are passing some significant cyber 
protection legislation, which will hopefully be an NDAA that is 
before us.
    But the key thing that we are focused on is the fact that 
we have these silos in Federal Government. Folks are just not 
talking to each other. This is a system wide problem because a 
lot of big organizations. But when it comes to cyber, we have 
got to be coordinated. And when it comes to resiliency and 
natural disasters, we have got to be coordinated. So love to 
work with you on that.
    Ms. Sohn. Absolutely.
    Senator Peters. There is also a widespread recognition that 
in 1978 to 1995, the tech certificate policy was by far one of 
the most effective vehicles for advancing minority broadcast 
ownership. And in its 17 years of operation, the policy 
quintupled, quintupled minority broadcast ownership. And other 
desirable tax initiative tailored for small businesses would 
provide a company donating a station to a training institution, 
that they would receive a tax credit equal to that station's 
value.
    My question for you is under your leadership, would the 
Commission request Congress to restore and improve the tax 
certificate policy and create a tax credit for donating a 
station to a training institution? Is that something you would 
be supportive of?
    Ms. Sohn. It is something I am strongly supportive of. I 
was a huge supporter of the old minority tax certificate. I was 
very disappointed when it got repealed. I would obviously have 
to talk to the Chairwoman about, you know, what the FCC could 
do to support that. But I personally am extremely supportive.
    Senator Peters. Right. Well, thank you very much. Thank 
you, Madam Chair.
    The Chairwoman. Senator Sullivan.

                STATEMENT OF HON. DAN SULLIVAN, 
                    U.S. SENATOR FROM ALASKA

    Senator Sullivan. Thank you, Madam Chair. Mr. Davidson, 
thank you for our discussion the other day. I really 
appreciated it and appreciated your statement just on the 
statute that the rural, unserved communities are going to be 
first in the infrastructure bill. My state has a lot of those. 
So can I just get a couple of commitments to follow on our good 
meeting the other day to come up to Alaska to truly prioritize 
unserved first, which is what the statute says, and to take 
advantage of this opportunity with the FCC, USDA, and other 
agencies that are really focused on this moment of trying to 
wire our country, certainly my state, which has the least 
amount of broadband connectivity in each state in the country?
    Mr. Davidson. Senator, I would welcome the opportunity to 
see firsthand the challenges that you are facing and in Alaska, 
and you have my commitment to do that .
    Senator Sullivan. Yes, and commitments on those other 
things?
    Mr. Davidson. Absolutely.
    Senator Sullivan. Ms. Sohn, I wanted to talk on a number of 
issues with you, but first, there has been some concern in this 
committee where the Administration has put forward a nominee 
for something then after the hearing and everything, oh, by the 
way, that person is going to be chair. The FTC is obviously the 
big example that we didn't know that, at least I didn't know 
that. Have you had any discussions with the Biden 
Administration about being elevated to Chairman over 
Commissioner Rosenworcel?
    Ms. Sohn. No.
    Senator Sullivan. OK, good. Look I am going to be--I have 
noticed, again, it seems like one of the ways you get nominated 
for a position in this Administration is you have some really 
good nasty tweets against Republicans. It is the way you get 
nominated. I can't--I mean, geez, the numbers are going through 
the roof. But you kind of take the case on this with regard to 
tweets that I find not only very troubling, I can go through 
the whole list, but maybe I will just submit them for the 
record. You know, Republicans are racists. The usual BS. I 
notice you have purged your account. Did you do that for a 
reason?
    Ms. Sohn. I am sorry, sir. I did not. I did not--my account 
is still up there. Trust me, people are picking at it. So it is 
definitely still up there.
    Senator Sullivan. Well look I--this is actually a really 
serious issue with regard to your nomination, and here is the 
reason. We are not just nominating you, you know, for any 
normal Assistant Secretary. The FCC has enormous power, and it 
has enormous power in America, particularly as it relates to 
free speech, particularly as it relates to liberty in our 
country. And let me just give you a couple--Fox News has had 
the most negative impact on our democracy. It is State 
sponsored propaganda. That is one of your tweets, one of your 
many tweets. So how is Fox News State sponsored propaganda?
    And is MSNBC State sponsored propaganda too? This goes 
directly to the power you are going to have. This is not some 
kind of random tweet. Millions of Americans watch that news 
station. I happen to. I don't think it is State sponsored 
propaganda. For God's sake, we needed a conservative viewpoint 
in America media, which obviously you don't like. So talk to me 
about State sponsored propaganda.
    Ms. Sohn. Yes, Senator, before I explain the tweet, I would 
like to explain the context. And also I would also like to 
remind folks that among my supporters are the two most----
    Senator Sullivan. Now, you know, I--you know how this 
committee works. I am going to be respectful, but I need to 
interrupt, because I don't have a lot of time. Just address the 
tweet. I don't need the context. I want you to hear about your 
supporters.
    You are going to be in charge of regulating news agencies 
like Fox News and you are calling them State sponsored 
propaganda. How can you do that as an honest broker when you 
have already put out--you also called that Sinclair broadcast, 
whether--you called for the FCC to investigate whether their 
call to qualify to be a broadcast licensee at all. You are 
clearly indicating your bias against more conservative news 
sources.
    And yet you are now up for confirmation of one of the most 
powerful positions in America on free speech. I think that 
disqualifies you completely. But talk to me about Fox News as 
State sponsored terrorism, how they have had, ``the most 
negative impact on our democracy.'' And then why is an MSNBC 
State sponsor of terror--I didn't say terrorism--I didn't mean 
terrorism, I meant propaganda.
    Ms. Sohn. Yes, Senator, I was tweeting during a hearing on 
Section 230 and where the point was being made that big tech 
companies were, you know, the most harmful to our democracy.
    Senator Sullivan. How is this--again, how is Fox News State 
sponsored propaganda and how has it had, ``the most negative 
impact on our democracy?'' These are your words----
    Ms. Sohn. Those--exactly that was as a public interest 
advocate, as part of my job, those were my words, those were my 
opinions. But they will have no bearing on how I would act, if 
I am confirmed, as an FCC Commissioner.
    Senator Sullivan. What about questioning the broadcast 
license--that would be your job of Sinclair broadcasting. I 
mean, are you going to recuse yourself on anything relating to 
Fox News or Sinclair broadcasting?
    Ms. Sohn. So let me talk about Sinclair broadcasting.
    Senator Sullivan. Actually, I think it is a good question I 
just asked you. Are you going to recuse yourself, if confirmed?
    Ms. Sohn. Senator, I am talking with the office. I have 
signed an ethics agreement with the Office of Government 
Ethics. If there is any question about my bias, I will consult 
with them and see if I need to recuse.
    Senator Sullivan. Well, I think these tweets are clearly 
evidence of bias.
    Ms. Sohn. Senator, I respectfully disagree.
    Senator Sullivan. Really?
    Ms. Sohn. Because again, these were made--first of all, let 
me just step back on Sinclair, because I think it is really 
important to understand what I actually said. What I said was 
and again, I was agreeing with Chairman Pai, who set the 
transaction for a hearing because Sinclair, they alleged, the 
FCC, the Pai FCC alleged that Sinclair was not honest about its 
ownership of certain stations. So the hearing designation order 
was looking at Sinclair's dishonesty. Not--it had nothing to do 
with whether it was conservative or liberal.
    Senator Sullivan. But Fox News, what is your point--and 
Madam Chair, I am sorry, I know I have gone over my time.
    The Chairwoman. We are--I have been a little liberal today 
because we have so many members and witness this, but we are--
--
    Senator Sullivan. Yes. I will wait for another round or 
submit questions for the record. But these are very, very 
legitimate questions and are serious.
    The Chairwoman. I definitely want to get members questions 
then. Senator Baldwin.

               STATEMENT OF HON. TAMMY BALDWIN, 
                  U.S. SENATOR FROM WISCONSIN

    Senator Baldwin. Thank you, Madam Chair. Mr. Kolko, the 
Commerce Department was one of several agencies that was 
involved in producing a report on supply chain disruptions. It 
was released in June of this year.
    The report was required as part of President Biden's 
Executive Order on America's supply chains from February of 
this year. When identifying the drivers of supply chain 
vulnerability, the report found that, and I quote, ``a focus on 
maximizing short term capital returns has led to the private 
sector's underinvestment in the long term resilience.'' For 
example, for--that was end quote.
    Now, for example, firms in the S&P 500 index distributed 91 
percent of net income to shareholders either by stock buybacks 
or dividends between the 10 year period of 2009 to 2018. And 
certainly, this means a declining share of corporate income is 
going into research and development or new facilities or 
equipment or resilient production processes.
    Mr. Kolko, as Undersecretary of Commerce for Economic 
Affairs, you will have a key role in directing support for 
business, as well as the economic analysis that guides that 
support. So do you concur with the findings of the report on 
the connection between shareholder payouts and underinvestment?
    Mr. Kolko. Thank you, Senator. One of the most striking 
effects on the economy of the pandemic has absolutely been some 
of the supply chain bottlenecks that we have seen. We have seen 
this both because of shifts in consumer demand and consumer 
spending from services to goods, as well as ways in which the 
pandemic has interrupted key parts of the supply chain.
    Some of these roots are deep and predate the pandemic, of 
course, but the pandemic has really brought a lot of these 
concerns to the fore. If confirmed, I commit to working with 
the Committee and the Department above all to help bring the 
best data analysis possible to understand both the underlying 
drivers of the supply chain concerns and to track what our 
progress is.
    Senator Baldwin. So I recognize that in the past couple of 
years we have seen exacerbation of some of the supply chain 
issues. But this really is saying that one of the key drivers 
is long term practice of--this is going to be, long term 
practice on the short term--short term profits.
    So in that period 2009 to 2018, we are saying 91 percent of 
corporate returns has been applied to dividends or stock 
buybacks. And that leaves much less for the enterprise. Do you 
think that is a big driver right now of our supply chain? Do 
you agree with this report? And if so, given that the Commerce 
Department has identified a clear link here to--between supply 
chain vulnerability and the focus on short term returns, how 
would you support addressing that?
    Mr. Kolko. I do think there are many causes. Again, some 
both long term and many linked to the pandemic behind the 
supply chain issues that we are having now. I would look 
forward to incorporating all these questions, looking into both 
questions about profits, as well as all of these other factors 
that have affected the supply chain and work with you in the 
Committee.
    Senator Baldwin. Mr. Ahmad, I have worked diligently with 
our Chairwoman on this committee and her staff to include 
funding in the Build Back Better Act to address vulnerable 
supply chains, and that would include, we hope, providing 
grants, loans, and loan guarantees to U.S. manufacturers. This 
is in addition to funding increases that the Commerce 
Department proposed in USICA, which obviously has not gone 
through the whole system yet. If confirmed, you may be 
responsible for a large budget with relatively broad authority 
to shore up our supply chain.
    So I have the same question for you, given that the 
Commerce Department has identified a clear link between our 
supply chain vulnerability and the focus on short term returns, 
how would you and what would you support, including moving 
forward in terms of restrictions on shareholder distributions 
as a condition of supply chain assistance?
    Mr. Ahmad. Thank you, Senator. Thank you for that question. 
I understand the issue. And I know how important this funding 
is to both national and economic security of our Nation, and I 
am not fully well-versed on the programs and how we would want 
to roll those out. But if confirmed, I will commit that we will 
work with you and your staff on our plans for the programs and 
making sure that the money gets out there in a timely manner 
and addresses the issues for which the funding has been 
provided.
    Senator Baldwin. Thank you.
    The Chairwoman. Thank you. Our time has expired. I just 
want to be clear, I think the order we are going to go here is 
Senator Young, who is going to join us on video, then Senator 
Hickenlooper and then Senator Lee. So, Senator Young.

                 STATEMENT OF HON. TODD YOUNG, 
                   U.S. SENATOR FROM INDIANA

    Senator Young. Thank you, Madam Chairwoman. Mr. Davidson, 
when negotiating the bipartisan infrastructure framework, one 
of the final sticking points was whether or not NTIA or FCC 
would oversee the $42.5 billion State broadband program. Now, 
candidly, as I discussed with you in our meeting, I believe it 
should have been the FCC and I fought against the NTIA 
implementing this record breaking tens of billions of broadband 
dollars. With that said, that didn't win the day for a number 
of reasons, and if confirmed, you will be the one overseeing 
and administering this important program.
    That is how legislating works sometimes, and I am confident 
that you understand the weight of this responsibility and have 
the best of intentions. However intention and effort on 
metrics, as you know, and we need to be able to measure the 
effective use of taxpayer dollars. So can you just very briefly 
because I have a number of questions. In a few sentences, tell 
me what you will do to ensure that this massive taxpayer 
investment will be a success in closing the digital divide?
    Mr. Davidson. Senator, thank you for the question, and I 
appreciate our conversation yesterday where we had a chance to 
talk about it too. And I will just say I think the challenge is 
quite clear. We have been given a great deal of money, but at 
the same time the mission is huge.
    A couple of things that I think we can do very quickly, 
NTIA will need a capacity surge. Congress has, I think, wisely 
included funding in there to make sure that we can build out 
the management resources, the outreach resources, the 
technology that we will need to be able to be good partners 
with states.
    I would also just say we--I have been told that, you know, 
we really have the full resources of the Department and 
Secretary Raimondo has made this a big priority and I am 
confident that we will get support there as well.
    Senator Young. Thank you, sir. I have several yes or no 
questions here. There is no gotchas. If you could just respond 
affirmatively or negatively, will you commit to focus the 
broadband money on unserved areas first as required by the law? 
Yes or no, sir.
    Mr. Davidson. Yes.
    Senator Young. Will you commit to working with the FCC 
utilizing their maps, coordinating on their broadband programs 
to avoid duplication, and utilizing their expertise when it 
comes to a challenge process as required by the law? Yes or no, 
sir.
    Mr. Davidson. Yes.
    Senator Young. Will commit to being responsive to this 
committee as we conduct thorough oversight of this program to 
ensure it is not a failure like previous NTIA broadband 
programs? Yes or no, sir.
    Mr. Davidson. Yes, I would look forward to that.
    Senator Young. And Mr. Davidson, it was also very important 
to me that the Broadband State Grant Program was written as a 
tech neutral program, whether it is fiber, cable, satellite, 
mobile, fixed wireless, including mobile and fixed wireless 
that deploy leveraging open Oran--open ran technology.
    They all have roles to play in reaching Americans and 
vastly different topographies. In order to achieve universal 
connectivity, we must close ourselves off from cost effective 
technology that will help us accomplish this goal. So yes or 
no, will you embrace this tech neutral stance when implementing 
the Broadband State Grant Program to help bridge the digital 
divide, sir?
    Mr. Davidson. Yes, I believe we need an all of the above 
approach.
    Senator Young. OK, thank you. Mr. Davidson, how important 
is it that Congress pass the U.S. Innovation and Competition 
Act to jumpstart NTIA's effort to improve American 
competitiveness in international standards setting bodies and 
counter China's efforts in these areas?
    Mr. Davidson. Senator, I will just say, beyond NTIA, I 
think it is important across the Government for that bill to 
pass. And while it is not an NTIA specific bill, I do think it 
will have tremendous impacts on our goals to promote American 
competitiveness, American jobs, counter some of the threats 
that we are seeing overseas. So I would be--I would welcome the 
chance to support that.
    Senator Young. Thank you, sir. And speaking of China, 
yesterday, we discussed your goal of developing a national 
spectrum strategy. Can you discuss how you would bring your 
private sector mentality to this effort?
    Mr. Davidson. Thank you, Senator. As we discussed, I do 
believe in a national spectrum strategy is incredibly important 
if we are going to fulfill NTIA's goals, and actually, I think 
the goals across the Federal Government of both making sure we 
are meeting the needs of Federal users, as well as continuing 
to have, maintain American leadership in wireless to be able to 
meet the commercial needs of users.
    My hope would be that we could--and Secretary Raimondo, I 
should say, has also supported the idea of a national spectrum 
plan. I think my starting point would be to really reach out to 
all of the stakeholders, both within the Federal Government but 
also within an industry, and look not just what the needs are 
today, but we need to be understanding what tech--what we 
expect from technology in the future, where we think that the 
future spectrum needs will be. If you look--if you would asked 
me 10 years ago which spectrum we would be fighting over, it is 
not the spectrum that we are talking about now.
    There has been tremendous technology--technological 
developments. I think there will be in the coming decade. We 
need to skate to where the puck is going, not to where the puck 
is right now. And that is what I would hope for in a spectrum 
plan.
    The Chairwoman. Thank you. Senator Hickenlooper.

             STATEMENT OF HON. JOHN HICKENLOOPER, 
                   U.S. SENATOR FROM COLORADO

    Senator Hickenlooper. Yes. Thank you, Madam Chair. 
Continuing that conversation, Mr. Davidson, as the NTIA is 
responsible for managing the spectrum usage, as we discussed 
yesterday, and obviously there have been various disagreements 
between Federal agencies and various stakeholders over spectrum 
use, the GAO suggests that the NTIA and FCC update the 2003 
Memorandum of Understanding regarding spectrum coordination. 
Are you willing to commit to updating the MOU and make spectrum 
use efficient? It is just a different way of saying what you 
have already answered.
    Mr. Davidson. Yes, yes I would. And I was encouraged to see 
that Chairwoman Rosenworcel spoke positively of that as well in 
her hearing.
    Senator Hickenlooper. Absolutely. And as you know, and we 
discussed Colorado's home to NTIA's Institute of 
Telecommunications Sciences, and as 5G networks are expanding 
and new open ran and 6G technologies are already in development 
and in some cases underway, how do we utilize or how will you 
utilize ITS to advance the maturity of the next generation 
technologies?
    Mr. Davidson. I think there is two really important 
elements to this. One is, I think, my hope would be to pursue 
an evidence based approach to how we think about spectrum and 
the questions about how about spectrum usage and conflicts over 
spectrum uses. ITS has a key role to play there. I think, as I 
was saying before about the national spectrum plan, we also 
need to be thinking about future uses and where technology is 
headed. And that is a second place that I think ITS can be a 
real leader for us. So I think it is an extremely important 
resource for the country.
    Senator Hickenlooper. Absolutely. And I am--very hard to 
sometimes see that puck because of how fast it is moving, but 
you are exactly right. We have got to get out ahead of it. Ms. 
Sohn, the Universal Service Fund, the contribution factor has 
climbed due to the rather serious shrinking of the contribution 
base. The USF contribution base has declined from nearly $80 
billion in 2001 to nearly $30 billion in 2021. And I think USF 
really remains the key for expanding communications service at 
acceptable speeds to all Americans. What does the future of the 
USF program look like in your view on how you would approach 
this?
    Ms. Sohn. Yes, thanks, Senator Hickenlooper. So the good 
news is, and at the risk of repeating myself, is that the 
broadband, the bipartisan infrastructure bill addresses this by 
requiring the FCC to do a study, 30 days after the signing of 
the bill, on the impact of the $65 billion on Universal Service 
and then come back within 9 months with recommendations for how 
to proceed. I agree with you 100 percent that Universal Service 
contribution mechanism is broken. That Universal Service is 
important. But I also think it is critically important to make 
sure we know what the impact of all this money is on the fund 
before we decide what the solution should be.
    Senator Hickenlooper. Well, but again, just take the puck 
metaphor even further.
    Ms. Sohn. I am a big hockey fan, so it is good.
    Senator Hickenlooper. I think, again, even as you are doing 
that and worrying on that--about that $65 billion, you have 
also got to look longer term and say, what is the long term 
integrity of USF? How are we going to get there?
    Ms. Sohn. Yes. Look, I think that reforming the 
contribution mechanism is critical. And whether it is Congress, 
who does it or FCC who does it, I am quite agnostic, but it 
needs to be taken care of and I think all options should be on 
the table.
    Senator Hickenlooper. Great, perfect. Mr. Kolko, global 
supply chains obviously devastated by COVID-19 and the 
pandemic, the recovery is in fits and starts, clearly ongoing. 
The Office of Economic Affairs publishes key data on economic 
trends across various sectors affected by the supply chain 
interruptions. If you are confirmed, how do you position the 
Office of Economic Affairs to accelerate that supply chain 
recovery?
    Mr. Kolko. Thank you, Senator, I think that the--both the 
Census Bureau and the Bureau of Economic Analysis has done a 
really extraordinary job during the pandemic and around the 
supply chain crisis to provide data that especially helps 
understand some of the underlying drivers of that crisis.
    Some data series that people didn't pay as much attention 
to in the past have become front and center in understanding 
shifts of consumer spending. And I think identifying those, 
highlighting those, and also innovating by creating higher 
frequency statistics to understand some of the supply chain 
dynamics, many of which unfold very quickly.
    Senator Hickenlooper. Right. OK, good. Well, thank you. I 
will yield back my time. Thank you all for your service. You 
put impressive group of people.
    The Chairwoman. Thank you. Senator Lee, then followed by 
Senator Rosen, who is remote, then Senator Capito and Senator 
Lujan.

                  STATEMENT OF HON. MIKE LEE, 
                     U.S. SENATOR FROM UTAH

    Senator Lee. Thank you, Madam Chair. Ms. Sohn, I would like 
to start with you if that is all right. Should net neutrality 
requirements include, or should the FCC generally regulate the 
rates charged by--for broadband services?
    Ms. Sohn. No, sir.
    Senator Lee. OK. And what about minimum or basic tier 
broadband plans like those included in the infrastructure bill, 
required by the infrastructure bill? Should the FCC require 
these affordable basic tier plans?
    Ms. Sohn. I know of no proposal to do so, and it is in the 
infrastructure bill, so I don't think it would come before the 
FCC.
    Senator Lee. Yes. To determine the basic tier plans 
required by the infrastructure bill, you would have to look at 
price in order to figure that out. And it is not possible to 
support a price threshold in a minimum tier broadband plan and 
then simultaneously say that you are not you are not for 
broadband rate regulation. That is in fact what that is, isn't 
it? Is there a distinction? Did I miss anything between those? 
And if so, what is the distinction?
    Ms. Sohn. Yes, I would have to think more about that. This, 
obviously, is something that the FCC would not decide. This is 
more on Mr. Davidson's wheelhouse, but I am not--it is not 100 
clear to me that that affordability requirement necessitates 
the NTIA saying the price must be x. It is not--that is not 
clear to me from the law that that is required.
    Senator Lee. Yes. There has been a lot of discussion about 
the best way to build out our broadband access and at the same 
time also instill competition within broadband, within the 
industry and among providers. One suggestion has been to have 
more Government ownership and/or Government operation of 
broadband networks. Where do you land on that issue? Is it--is 
broadband access in both rural and in urban areas, is it better 
achieved through private sector ownership and operation or 
through Government ownership and operation, whether at the 
State, local, or Federal level?
    Ms. Sohn. Senator, thanks for that. My position has long 
been that communities should have a choice. I am not going to 
say that one is better than the other. In some places, for 
example in Utah, Utopia is a very, very successful middle mile 
open access network. Now, the towns and cities do not provide 
last mile service because they are actually prohibited from 
doing so. But it is extraordinarily successful. In other 
places, it hasn't worked at all. So I wouldn't put my thumb on 
the scale that one is better than the other. I just think that 
communities should have a choice.
    Senator Lee. There are many in Utah, including myself, who 
would beg to differ with your characterization on that front. 
But what about a federally owned 5G network?
    Ms. Sohn. Oh, I am opposed to that. That was proposed by 
the last Administration. That is not something I would support.
    Senator Lee. OK, so why draw a distinction between the 
Federal Government's ownership of broadband and State, local or 
municipal ownership of broadband?
    Ms. Sohn. That is a good question, I haven't actually 
really thought much about that. I probably would have to get 
back to you in the QFRs on that.
    Senator Lee. Let's talk about the digital divide for a 
minute. What is the digital divide, what does that mean?,
    Ms. Sohn. To me, the digital divide means. I mean, it means 
a lot of things, but it means that there are households in the 
United States, both in rural, urban, and tribal areas that 
either do not have broadband because there is no network 
available to them, they cannot afford broadband just because, 
you know, they don't have the means or the prices are too high, 
or they don't have the skills to use it.
    Senator Lee. OK, yes, yes, I get where you are going. I 
want to zero in on something a little bit more narrow. The 
bipartisan infrastructure package that just passed seeks to 
deploy broadband with speeds of 100 up and 20 down in order to 
close the digital divide. In doing that, taking that into 
account and also just your own views on the matter, help me 
understand what technological capabilities we are wanting to 
make sure all Americans have? Is it e-commerce? Is it 
entertainment? Is it video gaming? Is it access to a virtual 
reality experience for entertainment purposes or otherwise? 
What is it?
    Ms. Sohn. Well, I think it is all of the above and 
certainly is telehealth. That is a huge, huge application. 
Precision farming is another application that I think is 
critically important. So I, you know, look----
    Senator Lee. What if we end up in a future circumstance 
where if all currently unserved and underserved areas are able 
to achieve 100 up to 20 down or let's even say, symmetrical 
speeds of 100, will the digital divide then be closed and 
closed for good? And is there--ever a point at which the 
Federal Government will have funded enough technological 
capability that we have adequately shrunk or eliminated that 
such that we could shrink or eliminate Federal subsidies on 
that?
    Ms. Sohn. Yes. So again, mere deployment won't necessarily 
close the digital divide, and I think that is really important. 
And I do think, and I have urged that Congress adopt a 
permanent broadband subsidy like the affordable connectivity 
program, which is more money but is not permanent. You still 
will always have the adoption problem as well, where people 
don't have the digital literacy, sometimes not even the 
literacy, literacy to be able to use the internet.
    Senator Lee. My time has expired. I just want to be clear, 
though what if you had symmetrical speeds of 100? Does that do 
it? Does that close it?
    Ms. Sohn. No.
    Senator Lee. At what point are they closed then?
    Ms. Sohn. Well, again, you will always have. You will 
always have folks who can't afford it who are going to need a 
subsidy. If you are just talking about deployment, OK, and when 
are we done with deployment? I would hope that after this money 
is spent, we could----
    Senator Lee. As far as speed goes, taking--setting aside 
the issue of cost, as far as speed goes, that would do it.
    Ms. Sohn. Well, the bill does prefer scalable networks, OK, 
to meet the needs of tomorrow. What we what we really don't 
want, I would think, or I would not want is to come back in 5 
or 10 years and say, oh my goodness, we spent all this money 
and we still have slow networks and we still have areas in the 
country that are not served. So I think the scale, the ability 
to scale whatever the speed is today, the ability to have 
technologies that can grow over time, I think, is very, very 
important and that is one of the reasons the bill prefers those 
kind of technologies also----
    The Chairwoman.--move on to other witnesses. I mean, other 
members who need to get their questions in. So, Senator Rosen.

                STATEMENT OF HON. JACKY ROSEN, 
                    U.S. SENATOR FROM NEVADA

    Senator Rosen. Thank you, Madam Chair, and of course, 
Ranking Member Wicker for holding this really important 
nomination hearing today. And thank you to all the nominees for 
your willingness to serve. I would like to speak a little bit 
about middle mile infrastructure as we are all talking about 
broadband deployment because obviously last month, the 
President signed a historic, transformative, bipartisan 
infrastructure bill that we know includes $65 billion for 
closing the digital divide, almost all of it through NTIA.
    I am proud to have been part of the group of 22 Senators 
that offered significant sections of the Broadband Deployment 
Program, including the $42.5 billion in State broadband grants 
and the Middle Mile Broadband Deployment Act legislation that 
establishes a $1 billion middle mile infrastructure program. As 
a former computer scientist, Mr. Davidson, you understand the 
Internet architecture and the importance of middle mile 
infrastructure as a crucial piece in connecting Internet 
service providers to the backbone.
    Our service providers in Nevada have very few options to 
connect to the backbone, resulting in higher fees in areas--in 
the costs for sure, and whether it is just more robust 
competition. So I am sure you would also agree that middle mile 
redundancy is important, not just from an economic perspective, 
but also from a public safety perspective. As we deal with more 
frequent and severe weather in my state, wildfires, our 
networks need to be redundant and resilient to withstand the 
effects of climate change.
    So, Mr. Davidson, can you talk about the importance of 
redundant and resilient middle mile networks, especially in 
states with large rural areas like Nevada?
    Mr. Davidson. Well, thank you, Senator, for that question 
and thank you for your leadership in all of this and 
particularly in the broadband provisions in the bipartisan 
infrastructure package. I will say, as you rightly point out, 
middle mile networks are an extremely important part of the 
equation here. A lack of resilient, high capacity middle mile 
networks can be an Achilles? heel, if you will, for underserved 
and unserved communities. And I know that is an issue in places 
like the State of Nevada with big rural communities that need 
to be served.
    The flip side of that, of course, is that investment in 
middle mile can be a force multiplier for us. It can make it 
easier to serve those communities. It can make it cheaper, and 
it can also help us with our resilience. And so I think this is 
a huge area where a little bit of Federal investment can go 
quite a long way. Of course, we have a fund, it is not even 
just a little fund, that have been put into the bipartisan 
bill. And I would just say, if confirmed, I would look forward 
to making that a priority.
    I would love to work with you in your office in thinking 
about how we can make the best use of those middle mile funds.
    Senator Rosen. Wonderful. Thank you, and I would like to 
move on to diversity in local broadcasting because Ms. Sohn, my 
office has some concerns about your past positions on a handful 
of issues, from local broadcasting to copyright protections. 
Although the FCC may not have significant jurisdiction over 
copyright laws, the Commission does have an important impact on 
broadcasting and media ownership. In Nevada and across the 
country, we deeply value our local broadcasters. They provide a 
tremendous service to our communities. They want to support 
these partners in public service, and that means ensuring they 
continue to become more diverse.
    So Ms. Sohn, in your opening statement, you note that you 
value a diversity of voices and various platforms, ensuring the 
public is hearing from diverse perspectives regardless of how 
they are delivered. I understand concerns have been raised 
about your opposition to policies such as joint service 
agreements and shared service agreements, which allow stations 
to share facilities and employees and jointly sell advertising, 
which I understand can be critically important for minority 
owned stations.
    So Ms. Sohn, could you explain your position on this type 
of ownership and how these agreements might either help or hurt 
minority ownership in media as we think about local 
broadcasting? Can you discuss your time at Locast and how you 
plan to balance some of your priorities from your time with a 
nonprofit with your new role?
    Ms. Sohn. Sure. Thank you, Senator Rosen. Let me address 
first the JSA and sidecar position because as many people know, 
I have been fighting for increased minority ownership of media 
for 30 years. I have the support of former acting Chairwoman 
Mignon Clyburn and Byron Allen, who is the largest minority 
broadcaster. My position was misstated. I did not oppose joint 
service agreements or sidecar agreements.
    Tom Wheeler, who I worked for, proposed making sure that 
those agreements counted toward the media ownership rules. 
However, there is an exception to that attribution, and that is 
for diverse voices. So if somebody wants to have a sidecar 
agreement with a minority broadcaster, those stations are not 
counted. So there is actually an exemption for diverse voices, 
for minority voices. But that was not my personal position, so 
that was unfortunately misstated.
    Senator Rosen. Thank you. I see my time is up, Madam Chair. 
I know there are others after me, so I will submit everything 
else for the record. Thank you.
    The Chairwoman. Thank you. I think Senator Capito or 
Senator Cruz, I am not sure which of you were here at the time 
the gavel--Senator Capito.

            STATEMENT OF HON. SHELLEY MOORE CAPITO, 
                U.S. SENATOR FROM WEST VIRGINIA

    Senator Capito. Thank you. Thank you, Senator Cruz. Yes, I 
will go ahead quickly. So, Mr. Davidson, thank you for the 
visit, and I don't want to repeat all of the questions that you 
can see with the concerns are very similar, things that we 
talked about. So from what I have heard from your testimony, 
transparency on and cooperation of information in deployment of 
the bif dollars is going to be one of the hallmarks I think of 
what you have already pledged so far. Also, I will just go 
through the three things I have been concerned about and had 
questions on technology.
    Tech neutrality is another thing that I believe Senator 
Young asked you about. Again, I think we are on the same page 
there in consideration of the mountains of West Virginia. And 
the other one are the mapping issues that I know with the FCC 
and NTIA are exceedingly important to make sure that we use 
these dollars in the proper way. So with those, I think we are 
all on the same page with that. The question I have is that you 
are--as we know 10 or 11 years ago, we had the BTOP program 
where $4 billion grant was administered by the NTIA. I can tell 
you in my State, as we know, it was not well deployed. It was 
in some ways--not using this as a legal term because I am not a 
lawyer, but it was fraudulently deployed. It was not used 
judiciously.
    And we ended up with all kinds of patchwork and nothing to 
show like Ms. Sohn was saying where maybe we could say at the 
end of the day, everybody's got deployed. We thought maybe that 
was what was going to happen 10 years ago, and it didn't. So 
that to me is important in the accountability section. So how 
are you going to be working with the State agencies in the 
broadband councils because a lot of this money is going to 
flow, my understanding, from the NTIA into these State offices 
and then deploy that way.
    What kind of assurances do you have, or can you give or 
would you envision to be able to have the capacities both at 
your level and at the State level to make sure these mistakes 
are not repeated?
    Mr. Davidson. Thank you, Senator, and I would say I very 
much enjoyed our conversation in your office, and I agree with 
you on all of those issues that you mentioned. It is going to 
be incredible--it is incredibly important that we get this 
money out quickly, but we do it with accountability. And to me, 
there are three elements that I think we can really lean into 
to make sure that that happens and that we have learned the 
lessons of the past. The first is making accountability clear 
upfront in these State plans.
    As you rightly point out, the states are going to be a 
critical partner for us, and we need to be very clear about 
what we expect from them in their plans. A second is 
transparency. I believe that sunlight is the best disinfectant, 
and I can pledge to you, if confirmed, that we will make NTIA 
transparent about how we are using the money, and we will 
insist that the states are transparent about how they are using 
the money and what grant applications they are getting.
    And then last is just putting in really good metrics up 
front. I think that is a lesson that we need--we have learned, 
which is that we need to know what to measure and collect good 
data against it. So those will be some of the things that were 
on my mind to make sure that we are holding--that we are making 
wise use of taxpayer money.
    Senator Capito. Well, I think, too, that there have been a 
lot of discussion and disagreement on what does unserved and 
underserved really mean. And, you know, kind of keying off some 
of the discussion we have heard here earlier, if there is no 
take up, does that mean they are underserved or if there is 
inadequate service, does that mean they are underserved or 
unserved?
    And I think these distinctions are exceedingly important in 
rural America because that is where a lot of the unserved and 
underserved people are, because going that last mile is very, 
very difficult in certain circumstances. So what kind of 
guardrails can you make sure that we are not upping other 
people's services in areas who already have service, making 
redundant services, but making that unserved and underserved 
population to actually close that divide the key portion of 
these dollars?
    Mr. Davidson. Thank you, Senator. It is a great question. 
And to me, the starting point and any point really is there is 
the statute. The statute lays out, the broadband provisions in 
the infrastructure bill lay out a very clear framework for how 
to think about this. There are clear definitions about how we 
are going to define unserved and that there is a priority list, 
and we are going to start with the unserved.
    And that is, I can just say, if confirmed, I will be 
faithful to that framework, and I would look forward to working 
with you. I know you have long experience in this the Capitol 
Connect plan and beyond, and I would welcome the chance to work 
with you and your office to make sure we are meeting those 
needs.
    Senator Capito. Thank you. Thank you, Madam Chair.
    The Chairwoman. Senator Lujan, then Senator Cruz, and then 
Senator Tester.

               STATEMENT OF HON. BEN RAY LUJAN, 
                  U.S. SENATOR FROM NEW MEXICO

    Senator Lujan. Thank you, Chair Cantwell. Mr. Davidson, 
with nearly $50 billion in funding set to be administered by 
the NTIA, your nomination is critical, and the only trouble I 
have with your nomination, again, is that it was not done 6 
months ago----
    Mr. Davidson. You and my wife both----
    Senator Lujan. I believe that at least 68 other Senators, 
including myself, 69 members, have voted for the bipartisan 
infrastructure bill. And in that infrastructure bill, what we 
said is that the money was going to go to NTIA. You are the 
nominee for that position. And I certainly hope that the other 
68 Senators that voted for the BIF will join me in swiftly 
voting to pass and confirm you on the Senate floor.
    Now I am going to cut straight to the root of the issue. 
Secretary Raimondo committed to me and to the public that this 
bipartisan infrastructure investment would connect every 
American household, every household across the country, every 
single American, to quote the Secretary, ``to have access to 
high speed, affordable broadband.'' So yes or no, will this 
program ensure that every one of my constituents in New Mexico 
have access to affordable, resilient, and high speed broadband?
    Mr. Davidson. Yes, that is absolutely the goal and that is 
the mission, and that is what the work we are going to do.
    Senator Lujan. And Mr. Davidson, I am going to hold you to 
that, and I want to make sure that you understand the full 
scope of what you agreed to. Now, New Mexico communities face 
unique and costly challenges to overcome. Several of my 
colleagues have talked about the landscapes. We celebrate our 
Rocky Mountains and beautiful vistas.
    We are a large state geographically, and out West there are 
two hard to connect States, Alaska and New Mexico. And I very 
much appreciate your commitment to travel out to Alaska. I want 
to hear the same commitment to travel out to New Mexico and 
especially to communities like Gadsden and Mesa, Taos, Pueblo. 
I was recently down in the Southwestern part of our state in 
Catron County, out in Reserve. Catron County, which is larger 
than many states out East, has a population of between 3,500 
and 5,000, depending on which census count you look at, and 
Reserve a population, between 350 to 500 people.
    Many constituents out there, including the Fire Chief, they 
don't have broadband access, or their mobile phones don't work 
when they are out on a call. It is communities like that that 
need to get connected. So can I get your commitment to travel 
out to New Mexico and I hope spend a day or two out that way, 
and travel on our beautiful state?
    Mr. Davidson. Senator, you can get my commitment. I will 
defer to you on our exact itinerary, but I do believe that 
there is really no substitute for seeing firsthand the 
challenges on the ground.
    Senator Lujan. I appreciate that. And will you commit to 
working with me and my staff and to ensure that these programs 
connect to the people of New Mexico?
    Mr. Davidson. I welcome that opportunity.
    Senator Lujan. And Ms. Sohn, you have been an advocate for 
open and affordable and competitive communication networks for 
decades. For almost a year, the Commission has been limited 
with just four out of five Commissioners seated. Now we can't 
wait any longer. We need a full functioning Commission, 
especially with this important investment. For students, 
broadband isn't a luxury, it is a basic necessity, helping our 
children succeed with broadband connectivity, whether their 
distance learning or at home learning.
    Most of their homework is done online, and I very much 
support Commissioner Rosenworcel's efforts to close the 
homework gap. Stories where students are not able to connect 
and live out in areas where, you know, heat stroke is part of 
being able to get your homework done because you have to sit 
out in the sun all day, are unacceptable. What steps would you 
take at the FCC to close the homework gap?
    Ms. Sohn. Senator Lujan, thanks for that question. I think 
the most important thing that the FCC could do at this juncture 
is to interpret the law to allow eRate funds to be used in the 
home. The law says that the funds go to connectivity to the 
classroom, but the classroom is in the home, it is not just in 
one building. So I think that is---that would be the number one 
thing that I would advocate for if I am confirmed.
    Senator Lujan. I introduced a piece of legislation with 
Senator Lindsey Graham to expand eRate support to Wi-Fi on 
school busses. Is that something you support?
    Ms. Sohn. Yes.
    Senator Lujan. As a Commissioner at the FCC, you have been 
asked this question a bit today, how would you support 
increasing diversity in media ownership, especially into 
communities of color, where we see a lack--given some of the 
legislative initiatives and Supreme Court decisions recently 
that I think make it harder for diversity in media ownership to 
take place?
    Ms. Sohn. Yes, Senator, that is a knotty question. And I 
actually went to the Supreme Court in support of minority 
preferences for broadcasters in the 90s, which unfortunately 
got reversed. I think expanding the broadcast incubator program 
beyond radio, I think that would be a really important way to 
goose minority ownership. The other thing that I might say is, 
you know, the FCC is in the middle of its quadrennial, looking 
at its media ownership rules, and perhaps--just, you know, the 
circumstances surrounding its media ownership rules. I wonder 
if there might be new ways to encourage media, minority media 
ownership through that quadrennial.
    Senator Lujan. Appreciate that. Thank you, Madam Chair, and 
I yield back.
    The Chairwoman. Thank you. Senator Cruz.

                  STATEMENT OF HON. TED CRUZ, 
                    U.S. SENATOR FROM TEXAS

    Senator Cruz. Thank you, Madam Chair. You know, there was a 
time a few decades ago when Democrats and liberals believed in 
free speech and defended free speech, defended the rights of 
people who they disagreed with to speak. Unfortunately, far too 
many of today's Democrats have abandoned any commitment to free 
speech, and we are seeing instead a confluence of liberals 
advocating for censoring anyone with whom they disagree, big 
tech eagerly taking up the mantle to censor those with whom 
they disagree, and Government regulators having the power to 
facilitate, to encourage, or even force that censorship. Ms. 
Sohn, you know, you and I had a good visit in my office, I 
appreciated your coming by.
    As I expressed in that meeting, I have got real concerns 
about your nomination. And my concerns are in the context of 
the growing calls of the left to have more and more censorship. 
The Federal Communications Commission has enormous power. It 
has power over broadcasters, and it is also, particularly under 
Democratic Administrations, asserting power over big tech. When 
you were at the Commission previously, you were a vocal 
proponent of the Commission asserting power over big tech. In 
the public space, you have been unabashedly a person of the 
left.
    Well, that can be fine if that is combined with a 
commitment to free speech. In your opening statement, you said 
freedom of speech is the lifeblood of our American experience 
and has always been at the core of my work, and that commitment 
is important. It is actually something more and more rare on 
the left and yet your record suggests a deep antipathy to those 
with different views, what--how would you comfort a 
conservative concerned about censorship when they see your 
nomination that you would not, if confirmed, use your power as 
a Government regulator to censor more and to silence those with 
whom you disagree?
    Ms. Sohn. Thank you, Senator Cruz, and I did enjoy our 
visit as well. I would say, look at my record. Look at the 
conservative cable channels that I worked for--worked with, 
excuse me, for years to get them carriage on cable systems when 
those systems would not carry them. You know, I have long 
worked with organizations, and again companies with whom I 
vigorously disagree on their point of view.
    These are, you know, fervent Republicans, fervent 
supporters of the former President, and I worked with them to 
get their views online. I believe that my--I have been 
characterized very unfairly as being anti-conservative speech. 
I think my record says otherwise. I have been critical of Fox 
News. I am sure you have my tweets, but that was in the context 
of a hearing where big tech was being blamed for 
misinformation, as they deserve, OK, and I am not quite sure 
about your statement about me wanting to assert authority over 
big tech when I was at the FCC because it has actually been the 
exact opposite.
    But we can talk about that. But Fox News, I have been 
critical because I don't think if you are going to look at 
misinformation, you have to look at the entire ecosystem. And 
frankly, not just at Fox News. I have also been critical of 
liberal stations as well. I am not a huge fan of big chyrons on 
cable news.
    Senator Cruz. Well, I will say yesterday I had a 
conversation with Chris Ruddy, who owns Newsmax, and I will say 
he confirmed what you said and that he described his 
relationship with you as having been an advocate for additional 
voices. That is an encouraging sign. I was comforted by what 
Mr. Ruddy had to say. At the same time, you urged, look at your 
record. And indeed, you said that I had the Fox News tweets. 
And you are right, I at least have some of them, and I would 
note what your record says, November 6, 2020, ``so do you still 
want me to believe that social media is more dangerous to our 
democracy than Fox News?'' Another one about Fox News, I guess, 
``old media can destroy democracy.'' You have multiple tweets 
going after Fox News very directly.
    Now, look, you are entitled to have your own views. I don't 
agree with everything on Fox News either or really any news 
station, but it is one thing to have a view, it is another 
thing for the Government to use its regulatory power to silence 
views it disagrees with. Some people home watching are regular 
watchers of Fox News. How can they have any comfort that if you 
are confirmed, you won't use the power of Government to silence 
them?
    Ms. Sohn. Well, I will make that commitment right here. But 
I would also say that I take any allegations of bias extremely 
seriously. I have been working very closely with the Office of 
Government Ethics on Ethics Agreement, which I have signed. And 
if there is any question about my bias, I will work with them 
to determine whether I need to not participate in the 
proceeding, but I do not believe I am biased. All of those 
tweets, I believe I can't read them all, were in the context of 
a comparison, usually Section 230 hearing, between--you know, 
it is not a comparison, I was making the comparison that if you 
were looking at just big tech, and again I am highly critical 
of them, you also have to look at the other voices in the 
ecosystem.
    Senator Cruz. I will point to another tweet, which you 
said, which is the whole point of the hearing, ``to work the 
referees prior to the election so that misinformation, violence 
inducing, and hate speech remain unmoderated. It has already 
worked on Twitter and Facebook over the past few months.'' Now 
what is troubling about this is you are advocating for more 
censorship. You are advocating and in fact, you are saying the 
quote, ``working the refs'' is one of the talking points that 
the Democrats used today to say that anyone defending free 
speech is ``working the refs.''
    Ms. Sohn. Well, I guess I don't read it that way. Well, 
first of all, the tech platforms are under a different regime 
than--the FCC does not have authority over big tech platforms.
    Senator Cruz. But under net neutrality, you are trying to 
assert more power?
    Ms. Sohn. No, sir. That is--in fact, I have actually been 
one of the biggest voices against the FCC asserting authority. 
When the former President tried to make the FCC interpret 
Section 230, I was extremely vocal that the FCC did not have 
authority.
    Senator Cruz. So you opposed the former President's efforts 
to protect free speech----
    Ms. Sohn. No, that is not----
    Senator Cruz. Let me ask you this, do you believe big tech 
should be censoring more or censoring less than they do right 
now?
    Ms. Sohn. I don't have an opinion on that. I think they 
need to be more open--they mean they need to be more 
transparent about why they do what they do. I am not pleased 
with their moderation either way, because you have no idea why 
they are doing it.
    The Chairwoman. Senator Cruz--yes, thank you so much. 
Senator Sinema.

               STATEMENT OF HON. KYRSTEN SINEMA, 
                   U.S. SENATOR FROM ARIZONA

    Senator Sinema. Thank you, Madam Chair, and thank you to 
our nominees for joining us today. You know, last month, 
President Biden signed into law the bipartisan Infrastructure 
Investment and Jobs Act. I was proud to represent Senator 
Portman, Senator Whitehouse, Chair Cantwell, and many 
colleagues on both sides of the aisle to pass this historic law 
that includes the largest investment ever in closing the 
digital divide.
    Our bipartisan infrastructure law invests $65 billion in 
broadband deployment, affordability for low income families, 
digital inclusion, and programs for broadband expansion in 
rural and tribal areas. Both the National Telecommunications 
and Information Administration and the FCC have important roles 
to implement and oversee the IAJA, and Arizonans expect the law 
to be implemented in a fair and expedient matter to benefit our 
communities.
    So my first question is for Mr. Davidson. NTIA is the 
primary Federal agency charged with implementing and overseeing 
our country's largest ever investment in broadband deployment. 
How will you work with states to ensure that broadband 
deployment funding from the bipartisan infrastructure bill, 
over $40 billion, will be used in the most effective manner to 
close the digital divide for Arizona families?
    Mr. Davidson. Senator, thank you so much for that question 
and thank you for your leadership on the bipartisan 
infrastructure bill in getting this funding to close the 
digital divide. I would say you rightly point out that states 
are the critical piece of how this bill has been structured. We 
won't succeed in our efforts to connect all Americans without 
them. I think one of the most important things that NTIA could 
do, can do in this regard is to make sure that we are providing 
assistance. We have been given resources to do this, providing 
strong assistance to the states so they can stand up their 
broadband programs and be in a position to get the grant money 
from us and get it out efficiently, effectively, and wisely. 
And if confirmed, that will be my top priority.
    Senator Sinema. Thank you. And now turning to Ms. Sohn. Net 
neutrality is a critical protection for both Internet consumers 
and providers, but as you know, we have had decades of partisan 
disagreement about net neutrality, where the FCC changes the 
rules every Administration, which has been followed by years of 
litigation. Meanwhile, consumers and providers have no 
certainty about the rules of the internet. I believe the only 
way to permanently fix net neutrality is for Congress to pass a 
bipartisan bill that provides lasting net neutrality 
protections while ensuring there is opportunity for innovation 
in the internet. Do you support using Title II of the 
Telecommunications Act to pursue net neutrality, or should we 
allow Congress to act in this area?
    Ms. Sohn. Thank you, Senator. I would much prefer if 
Congress settle the matter. I have been an advocate for net 
neutrality for 20 years, and I am as tired of the ping pong 
game as anybody. However, until Congress acts, I think it is 
critical that consumers be protected, and competition be 
promoted. So, you know, if necessary, we cannot leave an 
essential service such as broadband without oversight. So if 
necessary, the FCC will have to go to Title II, I believe, just 
like Chairwoman Rosenworcel believes, if Congress doesn't act. 
But boy, would I really appreciate it if Congress did act.
    Senator Sinema. So if you prefer Congressional action, 
which it sounds like we both do, how much time should the FCC 
give Congress to pass a bipartisan net neutrality law before 
they consider an alternative?
    Ms. Sohn. Well, anything the FCC would do to implement 
Title II would take quite a bit of time to begin with. You 
know, the FCC would have to start an entirely new proceeding. 
They would have to take notice and comment. They probably would 
do months of meetings, if my experiences is any indication. So, 
you know, that proceeding is going to take at least a year. I 
would hope that Congress--I know Congress doesn't always move 
as quickly as all of us would like, so I would say, you know, a 
year until that proceeding is concluded.
    But again, I am very concerned that broadband, an essential 
service, has been without any oversight for the past 4 years, 
and there have been issues with that, you know, regarding 
firefighters, regarding the ability of rural wireless providers 
to get access to poll attachments, to people being charged for 
modems that they own. So it is those kind of consumer 
protections and public safety protections that the FCC can't 
afford to leave unprotected.
    The Chairwoman. I think--Senator Sinema, you are still 
there? She may have finished--she may----
    Senator Sinema. My time has almost expired, so I will leave 
with the first question. In 2015, the FCC chose to forebear the 
vast majority of Title II to broadband. In a paper last year, 
you recommended the incoming FCC forebear less. Do you still 
believe that's the best approach and why?
    Ms. Sohn. Yes. Senator Sinema, as I said before, I have 
been debating net neutrality for 20 years and my positions are 
always evolving because of changes in technology, how consumers 
use the internet, and business practices. So frankly, even what 
I might have said a year ago probably doesn't even apply 
anymore. And as I said before, and as Chairwoman Rosenworcel 
has said, she would have to start an entirely new proceeding.
    There would be a new record. So regardless of what I might 
have said in an academic paper, you know, if I am confirmed and 
as a new proceeding, I would have to look at the totality of 
the record, confer with staff, confer with my colleagues, and 
confer with you and your colleagues on the dais. So you know 
what I said in an academic paper, frankly, is just academic.
    Senator Sinema. Alright. Thank you, Madam Chair.
    The Chairwoman. Thank you, Senator Sinema. Well, believe it 
or not, I think we are almost at the end here, so I really 
appreciate the patience of our witness, the patience of our 
members. I don't think we have any other members in the queue. 
But if you are out there and we just don't know, please let us 
know if you are trying to log on to ask questions. I wanted to 
just for the record, Ms. Sohn, ask you a few things just to 
follow up on some of the questions that people had about local 
broadcasting. I--or your record shows you have long been 
opposed to media consolidation.
    And so obviously this is something that local broadcasters 
and that you have expressed your opinion here that it is a 
concern to you that local broadcasters thrive and have the 
ability, which we are obviously trying to undertake and 
understand this both influence of big tech on compensation and 
unfair practices, as well as move and keep local broadcast 
diversity while we are doing it. So do you support 
broadcasters' ability to be compensated for retransmission of 
their copyrighted television programing?
    Ms. Sohn. Yes. In fact, I went to the Supreme Court twice 
in support of Must Carry missions consent and won both times.
    The Chairwoman. OK. Will you commit to working with me and 
others to ensure FCC adopts policies that support local 
broadcasters?
    Ms. Sohn. Absolutely.
    The Chairwoman. If confirmed, are there any policies that 
you would like the FCC to consider to help restore the health 
of local broadcasters?
    Ms. Sohn. Yes, Senator. The 2018 quadrennial is still in 
place. Right now, the broadcast industry, there is almost no 
media ownership rules left, and I think, again, there has to be 
a proceeding and a record, but I do think we need to consider 
whether some of those ought to be restored.
    The Chairwoman. Thank you. Also for all of the witnesses, 
Ms. Sohn, Mr. Davidson, Mr. Ahmad, Mr. Kolko, if confirmed, 
will you pledge to work collaboratively with this committee, 
provide thorough and timely responses to requests for 
information so that we work together and address important 
policy issues, and appear before the Committee when requested?
    Ms. Sohn. Yes.
    Mr. Davidson. Absolutely.
    Mr. Kolko. Yes.
    Mr. Ahmad. Yes.
    The Chairwoman. Great. Thank you. So that concludes our 
hearing. Thank you so much again for your willingness to serve. 
Thanks so much for staying and answering all these questions 
from members. We had great participation from our committee 
today. I think just a few people didn't get a chance to get 
their questions in. So Senators will have until Monday, 
December 6 at noon to submit questions for the Committee 
record, and witnesses will have 1 week to respond to those 
questions. So, thank you all very much. This concludes our 
hearing today.
    [Whereupon, at 1:06 p.m., the hearing was adjourned.]

                            A P P E N D I X

              Gigi Sohn for A Proactive, Consumer-Focused 
                   Federal Communications Commission

    On October 26, 2021, President Joe Biden nominated Gigi Sohn to 
fill the fifth seat at the FCC. The five-member commission has been 
stuck in a 2-2 split since January. The agency has a tremendous amount 
of work before it, and leaving it less than fully operational limits 
its capacity to most effectively and proactively:

   Finish updating the FCC's broadband maps to ensure the 
        billions of dollars appropriated by Congress in the bipartisan 
        infrastructure bill are distributed equitably and to areas that 
        need it most;

   Restore the agency's authority to regulate broadband under 
        Title II of the Communications Act and restore net neutrality 
        rules;

   Strengthen programs created to ensure low-income people can 
        afford communications services, like Lifeline and the 
        Affordable Connectivity Program;

   Create rules to ensure our Nation's communications networks 
        are more reliable and resilient to natural disasters, the 
        climate crisis, and other threats;

   Halt the dangerous trend of increased consolidation and 
        monopolization within the broadcast and telecommunications 
        sectors, and much more.

    The Senate must provide the FCC with a governing majority by 
confirming Sohn without delay.
Background
   Sohn has over 30 years of experience working on 
        communications policy, and she has a demonstrated track-record 
        of bringing together varied stakeholders in bipartisan 
        coalitions to fight for equitable broadband policy, consumer 
        protections, competition and the open-internet. Her experience 
        would make her an asset at the agency as it works to implement 
        the mandates of the Infrastructure Investment and Jobs Act.

   She served as a top aide to FCC Chairman Tom Wheeler. During 
        her time at the agency, the FCC adopted the only net neutrality 
        rules that have withstood legal challenges to their statutory 
        authority, modernized the Lifeline program, adopted strong 
        privacy rules for broadband providers and more.

   Sohn helped found and lead a non-profit focused on promoting 
        an open and competitive communications and technology market.
Organizational Support
   More than 200 organizations--including civil rights, 
        community media, media justice, workers rights and consumer 
        advocacy groups, companies and trade associations--from across 
        the political spectrum have sent letters (attached) to the 
        Senate calling for her swift confirmation.

   Sohn has received support from right-wing outlets that 
        appreciate her work fighting to curb the power of broadcast and 
        cable incumbents and ensure competition in the media.
Grassroots Support
   More than 110,000 people have signed petitions calling for 
        Sohn's confirmation since October.
   Almost a quarter million activists have called for the FCC 
        to gain a governing majority since January 2021.
                                 ______
                                 
     Statement of Newsmax CEO Christopher Ruddy Re: FCC Nominations
    In the past I have dealt with both Jessica Rosenworcel and Gigi 
Sohn on policy issues affecting the FCC and media and have found them 
to be fair-minded persons of strong integrity.
    President Biden has nominated both to the FCC and I support their 
nominations.
    Increasingly, independently operated cable news channels like 
Newsmax are being sidelined in favor of a small number of mega-
corporations who dominate the channel line-ups, forcing upon consumers 
expensive and little-watched networks. It's bad for the public interest 
and dangerous for democracy.
    While I don't always agree with the nominees on many policy 
matters, Newsmax fully supports the Commission's mandate to promote 
diversity, localism and competition in the marketplace. Newsmax 
believes both nominees are committed to that mandate and I urge the 
Senate to confirm the nominations of Jessica Rosenworcel and Gigi Sohn.
                                 ______
                                 
      Open Letter to the U.S. Senate: Confirm Gigi Sohn to the FCC
    As a media entrepreneur and the only Black owner/operator of ``Big 
4'' network affiliated broadcast TV stations in the U.S., as well as 
the owner of traditional and digital media platforms, including The 
Weather Channel, TheGrio.com, Local Now, JusticeCentral.TV, Comedy.TV, 
Cars.TV, HBCUGo.TV, Pets.TV, Sports.TV, Recipe.TV and many others, I 
take very seriously the role of the Federal Communications Commission 
in promoting diversity, supporting localism, and protecting freedom of 
speech. That is why I am supporting Gigi Sohn to be confirmed as an FCC 
Commissioner.
    It should not be the case in 2021 that Black Americans, who 
comprise approximately 12 percent of the U.S. population, own a 
majority interest in less than 2 percent of full-power broadcast TV 
stations. I should not be the only Black American who owns and operates 
major network affiliated stations. The FCC is charged with promoting 
diversity of ownership and viewpoints yet has fallen short of achieving 
a truly diverse media landscape. Gigi Sohn understands and is a 
champion against this inequity.
    Over many years, she has worked nonstop to promote greater 
competition and more minority ownership in broadcasting. As a 
commissioner, she would have the tools to improve ownership diversity 
among FCC licensees. As the first openly LGBTQ person in history 
nominated to the FCC, Gigi truly understands on a personal level why 
diversity and inclusion for all Americans matters. Please note that 
Mignon Clyburn, the first Black woman ever to serve as acting Chair of 
the FCC, understands the job extremely well and supports Gigi's 
confirmation, and so do I.
    As an owner of local broadcast TV stations, I understand the 
critical importance to the health and safety of our citizens, as well 
as to our democracy, of robust local broadcast news organizations. 
According to the Pew Charitable Trusts, most Americans prefer to get 
their local news from local broadcasters. The FCC is supposed to 
promote localism but often fails to protect local broadcast affiliates 
against abuses from much larger companies and industries. Gigi Sohn 
understands this innately. For years, she has advocated for restoring a 
more reasonable balance of power between local broadcasters and major 
conglomerates in the communications ecosystem. She will use her seat on 
the FCC to bring the ``local'' back to localism.
    Finally, as someone who speaks out against injustice, racism, 
unfairness, and corruption wherever and whenever I see it, I value our 
American freedom of
    speech, and Gigi Sohn will help protect our rights as American 
citizens. Whether fighting for an open Internet or for the free speech 
rights of conservatives with whom she disagrees, Gigi advocates for all 
people to speak and be heard. That is why multiple conservatives who 
disagree with her on a lot of issues publicly support Gigi's 
confirmation to the FCC. They have seen her fight tirelessly for 
diversity and freedom of speech. The Senate should act quickly to 
confirm Gigi Sohn to the FCC. She will do a great job for our 
country!!!
            Continued Success,
                                               Byron Allen.
                                 ______
                                 
                                      ADT Security Services
                                        Boca Raton, FL, Nov 2, 2021
Hon. Maria Cantwell,
Washington, DC.

Hon. Roger Wicker,
Washington, DC.

Hon. Ben Ray Lujan,
Washington, DC.

Hon. John Thune,
Washington, DC.

Dear Senators Cantwell, Wicker, Lujan, and Thune,

    On behalf of ADT Security Services, the leading provider of 
electronic security and alarm monitoring services in the United States, 
with more than 20,000 employees across the country, l am writing to 
express our strong support for Gigi Sohn's nomination to join the 
Federal Communications Commission as a Commissioner.
    At ADT, we believe everyone deserves to feel safe. Our customers 
depend on our security and monitoring services, whether they are 
dealing with life safety threats resulting from an intrusion, a health 
crisis, a flood, carbon monoxide (CO) threat, or a fire. Those services 
depend on customer access to robust, reliable connections to our alarm 
monitoring centers and, in turn, public safety officials and first 
responders. While technology has changed over the course of ADT's 
nearly 150-year history, our customers' expectations have not. Our 
customers expect us to help keep them safe, and we don't take that 
trust for granted.
    Gigi Sohn has taken the time to learn the ins and outs of the 
electronic security industry and has been a regular speaker at industry 
events year after year. She is trusted and respected within our 
industry. Ms. Sohn has introduced members of our industry to her own 
broad network, and has given an industry like ours, comprised mainly of 
small, regional businesses, a voice in national policy debates. Having 
worked with Ms. Sohn for years, I have found her to be highly 
knowledgeable, egalitarian, and above all, reasonable.
    Over the past year and a half, the American public has become 
critically aware of the divide between the digital haves and have nots. 
When jobs, schools, and even alarm monitoring moved to a home 
environment, the quality of one's Internet connection quickly became 
paramount. As the FCC looks for new and innovative ways to expand 
access to quality, affordable communications networks for all 
Americans, I have no doubt that Ms. Sohn's passion for universal 
connectivity and her collaborative spirit will be an asset to the 
Commission.
    On behalf of ADT, I respectfully ask that you vote to confirm Gigi 
Sohn.
            Sincerely,
                                            Holly Borgmann,
                                Vice President, Government Affairs,
                                                 ADT Security Services.
cc: Senator Marco Rubio
Senator Rick Scott
                                 ______
                                 
                                                     Socket
                                     Columbia, MO, November 4, 2021
Hon. Roy Blunt,
U.S. Senate,
Washington, DC.

Re: FCC Nomination of Gigi Sohn

Dear Senator Blunt:

    I am writing to express Socket Telecom's strong support for the 
nomination of Gigi Sohn to the Federal Communications Commission. 
Socket has a long history as a competitive telecom and Internet 
provider in Missouri, and Ms. Sohn has worked tirelessly throughout her 
entire career to advance competition and consumer choice in 
telecommunications and broadband.
    The success of our company was made possible through the landmark 
and bipartisan Telecommunications Act of 1996. The Act's market-opening 
provisions allowed us to bring Missouri consumers and small businesses 
competitive options, pricing and service, many for the first time. In 
2011, Socket began to expand its reach by building a brand new fiber-
optic network to reach homes and businesses in rural Callaway County 
and Fulton. We have been expanding this fiber network ever since, now 
reaching 18 counties in Missouri, and as a result, thousands of 
customers now enjoy reliable, competitive high-speed Internet service 
delivered over Socket's Fiber-Optic Network.
    Today, Socket employs approximately 160 people, with offices across 
Missouri. We're proud to be Missouri's local competitive 
telecommunications provider, and we are working tirelessly to bring 
state-of-the-art technology and friendly, local support to as many 
homes and businesses as possible.
    Gigi Sohn has been a friend to the competitive telecom and Internet 
industry. As a public interest and consumer advocate, she has been a 
steadfast champion for competition as the best path, and we have no 
doubt she will continue to do so at the Commission. It is critical for 
the Commission to have its full complement of Commissioners confirmed 
as soon as possible so that the issues in front of the FCC today-like 
broadband mapping-are implemented quickly to ensure that broadband 
funding goes to those areas that are most in need of new network 
deployment. This is an issue of significant importance as Socket has 
been seeking funding for Missouri communities that have been left 
behind.
    We urge you to vote to confirm Gigi Sohn as Commissioner for the 
Federal Communications Commission.
    Thank you for your consideration.
            Sincerely,
                                            Carson Hoffman,
                                                         President.
                                 ______
                                 
                                        Visionary Broadband
                                      Gillette WY, November 8, 2021
Hon. Cynthia Lummis,
United States Senate,
Casper, WY.

Dear Senator Lummis:

    I am writing to support the nomination of Gigi Sohn to the Federal 
Communications Commission. As you know, Visionary Broadband is a small 
Wyoming-based broadband company that is able to serve consumers here 
due to the existence of long-standing competitive policies at the FCC.
    Throughout Ms. Sohn's public and private sector career she has been 
a supporter of small, competitive broadband companies regarding the 
many policy debates impacting smaller carriers. From the policy battles 
around Special Access to the Forbearance Petitions involving the 
Unbundled Network Elements (UNE) regime, Ms. Sohn has been an effective 
advocate. Our company has been able to offer more efficient and less 
expensive service to consumers in Wyoming due to our ability to compete 
in this once monopoly-dominated market.
    Ms. Sohn is a respected lawyer and previously served in a key role 
at the FCC under a former Chairman. She has an excellent understanding 
of the complex issues facing the FCC today and will be able to hit the 
ground running at the commission. I hope you will be able to be 
supportive of her nomination.
            Sincerely,
                                             Brian Worthen,
                                                               CEO,
                                                   Visionary Broadband.
                                 ______
                                 
                                 Broadband Connects America
                                                  November 10, 2021
Hon. Maria Cantwell,
Chair,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Roger Wicker,
Ranking Member
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Dear Senators Cantwell and Wicker,

    We, the undersigned public interest organizations, submit this 
letter as members of Broadband Connects America (``BCA''), a coalition 
of diverse national, state-based, and local nonprofit organizations, as 
well as state agencies, that advocate for policies to promote broadband 
access in underserved rural areas. We write to urge the swift and 
concurrent confirmation of Jessica Rosenworcel for Federal 
Communications Commission (FCC) Chair, Gigi Sohn for FCC Commissioner, 
and Alan Davidson for Administrator of the National Telecommunications 
and Information Administration (NTIA). These agencies need immediate 
leadership to bring affordable, reliable, high-speed Internet to rural 
and Tribal communities. A failure to confirm them all before the end of 
this year will jeopardize the ability of rural communities to engage in 
modern society as others with the Internet can.
    Over the last two years, as the COVID-19 pandemic took root in the 
United States, it became clear that broadband is an essential service 
and that the government must take action to connect people across the 
Nation. In order to ensure the steps Congress has taken to help close 
the digital divide can succeed, these agencies need Senate-confirmed 
leaders. Each of these nominees bring the decades of experience and 
commitment required to connect rural and Tribal communities.
    During Jessica Rosenworcel's tenure at the FCC, she has rapidly 
implemented a Congressional program to bring broadband to millions of 
people who could not previously afford it; championed the need for 
reliable data on broadband availability that will ensure communities 
are not wrongfully denied broadband deployment funding, and connected 
tribes by providing them with unlicensed spectrum to buildout broadband 
and by making Tribal libraries eligible for E-Rate funds. This 
experience alone makes her an exceptional choice for FCC Chair. 
Additionally, she is a widely respected leader in tech policy, a 
dedicated consumer advocate, and a swift decision maker who will most 
certainly bridge the digital divide.
    Likewise, Gigi Sohn is an experienced consumer advocate who has 
done more to close the digital divide than almost anyone else in the 
field. During Gigi's career, including working as a top advisor to FCC 
Chairman Tom Wheeler and as the co-Founder and CEO of Public Knowledge, 
she has tirelessly championed universal connectivity to a free and open 
internet. Gigi is known for bringing together strange bedfellows to get 
the job done--including public interest groups, industry, urban & 
rural, and stakeholders from across the aisle. Her pragmatism will 
ensure that rural communities are no longer left on the wrong side of 
the digital divide because of partisan fights.
    Finally, Alan Davidson has over 20 years of experience in 
government, industry, and public interest advocacy, making him an ideal 
candidate to lead the NTIA. If passed, the bipartisan infrastructure 
package and budget reconciliation bill will give the NTIA 
responsibility for multiple programs that will connect rural and Tribal 
communities, including a $42.5 billion broadband deployment program, a 
grant program to promote digital equity, and a program to give low-
income consumers the devices they so urgently need to connect. Alan 
Davidons's leadership experience, both within industry and the public 
interest sector, positions him to successfully stand up these important 
programs to get rural and Tribal communities connected.
    The FCC and the NTIA have a lot of work ahead of them, and these 
three experienced and committed nominees' appointments cannot be 
delayed any further if we want people across the country to ring in the 
new year with newly adopted broadband. Thus, Congress must confirm all 
three nominees before the end of the year. Thank you for your attention 
to this urgent matter.
            Sincerely,

Access Humboldt
Benton Institute for Broadband and Society
California Center for Rural Policy
Center for Rural Strategies
ConnectMaine
Institute for Local Self-Reliance
Maine Broadband Coalition
National Digital Equity Center
Public Knowledge
Rural Wireless Association, Inc.
The Cooperative Baptist Fellowship of Mississippi
Together for Hope: A Rural Development Coalition
X-Lab
                                 ______
                                 
                                 Rural Wireless Association
                                  Washington, DC, November 11, 2021

Hon. Maria Cantwell,
Chairwoman,
Committee on Commerce, Science, and Transportation,
U.S. Senate,
Washington, DC.
Hon. Roger Wicker,
Ranking Member,
Committee on Commerce, Science, and Transportation,
U.S. Senate,
Washington, DC.

Re: Recommendation for Confirmation of Nominated FCC Commissioners 
            Jessica Rosenworcel and Gigi Sohn

Dear Chairwoman Cantwell and Ranking Member Wicker:

    The Rural Wireless Association (``RWA'') \1\ is writing to 
recommend that the Senate Committee on Commerce, Science, and 
Transportation confirm the nomination of Jessica Rosenworcel as 
Chairwoman of the Federal Communications Commission (``FCC'' or 
``Commission'') and move quickly to schedule a confirmation hearing for 
Gigi Sohn as an FCC Commissioner.
---------------------------------------------------------------------------
    \1\ RWA is a 501(c)(6) trade association dedicated to promoting 
wireless opportunities for rural telecommunications companies who serve 
consumers who, reside, work, or travel in rural America. RWA's members 
are small businesses serving or seeking to serve secondary, tertiary, 
and rural markets. Each of RWA's member companies serves fewer than 
100,000 subscribers.
---------------------------------------------------------------------------
    Both of these nominees are extremely qualified for their positions. 
As Acting Chair of the FCC for the past 9 months, Rosenworcel has been 
a good steward and a strong advocate for continued investment and 
innovation in wired and wireless broadband networks. Rosenworcel has 
also been supportive of Congress' goal to build next generation 
networks in unserved and underserved areas and to close the digital 
divide. RWA believes that, with a fully staffed Commission, Rosenworcel 
can be instrumental in directing the Commission's full attention 
towards building and maintaining networks in rural America to keep all 
Americans connected.
    Ms. Sohn is also more than qualified to be confirmed as an FCC 
Commissioner. For over 30 years, Ms. Sohn has relentlessly served the 
public interest and helped to keep Big Tech in check. She is an 
advocate for all consumers, both urban and rural, and has worked 
tirelessly to close the digital divide and to ensure that diverse 
voices (including all rural stakeholders) are heard and protected. She 
previously served as an advisor to FCC Chairman Tom Wheeler and in that 
role Ms. Sohn advised the chairman on a multitude of 
telecommunications, internet, and media issues. RWA has worked with Ms. 
Sohn on issues ranging from universal service reform to ensuring 
spectrum auctions are conducted in a manner that allows small and rural 
carriers to gain access to spectrum to serve rural communities. Ms. 
Sohn has worked with RWA to ensure that VoLTE roaming is implemented 
fairly so that rural consumers do not get left behind. Her nomination 
also speaks to President Biden's desire to be inclusive and to promote 
diversity across all sectors of the Federal government as Sohn will be 
the first openly LGBTQ+ Commissioner.
    With the legislative calendar year coming to an end, its becoming 
more likely that the Commission will be shorthanded by the new year. 
Given the influx of broadband-related initiatives being passed and 
proposed by Congress, it is in the country's best interest to keep the 
Commission functioning fully staffed with five commissioners. RWA 
eagerly awaits the confirmation of Rosenworcel as FCC Chairwoman and a 
scheduled date for Sohn's confirmation hearing this year.
            Respectfully submitted,
                                              Carri Bennet,
                                                   General Counsel,
                                         Stephen Sharbaugh,
                                    Legislative and Policy Analyst,
                                       Rural Wireless Association, Inc.
                                 ______
                                 
                                Fiber Broadband Association
                                  Washington, DC, November 12, 2021

Senator Lisa Murkowski,
Washington, DC.

Senator Pat Toomey,
Washington, DC.

Senator Mitt Romney,
Washington, DC.

Senator Rob Portman,
Washington, DC.

Senator Susan Collins,
Washington, DC.

Senator John Boozman,
Washington, DC.

Senator Tommy Tuberville,
Washington, DC.

Senator John Kennedy,
Washington, DC.

Dear Senators Murkowski, Toomey, Romney, Portman, Collins, Boozman, 
            Tuberville, and Kennedy:

    As a proud Republican, and Co-Chair of the Public Officials 
Committee of the Fiber Broadband Association in Washington, DC 
(representing 150 cities, towns, counties, and state agencies), I find 
myself in unfamiliar territory urging you to confirm Gigi Sohn, a 
member of the Democratic Party, as an FCC Commissioner.
    I'm expressing strong support for Gigi Sohn because there's a lot 
at stake for our Nation's economy. Nearly half of Americans can't 
easily participate in the digital economy because they live in areas 
unserved or underserved by broadband providers. Ms. Sohn's mastery of 
policy and her pragmatic approach will help expand broadband investment 
while helping to curb lip service from providers.
    In the last few years, I've gotten to know Gigi Sohn as a 
charismatic and pragmatic leader in the telecommunications industry. 
I've found her to be thoughtful, thorough, prepared, and balanced. She 
not only understands how policy can impact our states and cities, but 
also how it can influence business and industry. Ms. Sohn wants to see 
policy that spurs innovation and investment, as well as economic 
development and jobs.
    It should be noted that Big Telco is spending $8 million a week in 
Washington to preserve the status quo, and has labeled Ms. Sohn as an 
``activist.'' They're concerned that should she be appointed to the 
FCC, providers will need to be more accountable to consumers, 
businesses, and taxpayers (who've subsidized their efforts with little 
in return). Frankly, that's exactly what the country needs to remain 
economically competitive in the digital age.
    To achieve our national goals of expanding quality, affordable 
broadband service to all Americans, it will require an FCC Commissioner 
who can work collaboratively across party lines--and with industry, 
business, consumers, and local government. Gigi Sohn is that person.
    I respectfully urge you and your Senate colleagues to confirm Gigi 
Sohn. Please let me know if you'd like to discuss further.
            Sincerely,
                                                Bob Knight,
                                           Commissioner & Co-Chair,
                                        Public Officials Committee,
                                           Fiber Broadband Association.

Cc. Geoffrey Morris, Chairman, Ridgefield ECDC
    Kimberly McKinley, Deputy Director, Utah Infrastructure Agency, 
        Committee Co-Chair
                                 ______
                                 
                          Communications Workers of America
                                  Washington, DC, November 15, 2021

Hon. Maria Cantwell,
Chair,
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington DC.
Hon. Roger Wicker,
Ranking Member,
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington DC.

Dear Chair Cantwell and Ranking Member Wicker,

    On behalf of the members and officers of the Communications Workers 
of America (CWA), I am writing in strong support of the nominations of 
Jessica Rosenworcel to serve as Chair of the Federal Communications 
Commission (FCC) and Gigi Sohn for Commissioner. Not only will they 
continue to lead the FCC into the future by encouraging the equitable 
deployment of next-generation broadband networks, they will also ensure 
that the concerns of workers and consumers are the top priority.
    As Commissioner and Acting Chair at the FCC, Rosenworcel has fought 
steadily to ensure access to telecommunications services for all 
Americans. For example, Rosenworcel's work has drawn attention to 
problems with the FCC's collection of data on broadband access. She has 
advocated that in order to close the digital divide, we must have 
access to broadband maps and data that are accurate and reliable. This 
ensures that when broadband access is expanded, it reaches all 
communities, not just some. Further, Rosenworcel has been a champion 
for the protection and expansion of the Lifeline program, which 
connects low-income households to critical telecommunications services. 
She understands that these programs are especially important during 
public health and economic crises like those taking place right now.
    Beyond her understanding of the policy issues, Rosenworcel has 
intimate knowledge of the families and workers behind the policy 
because she takes the time to understand both. Prior to the pandemic, 
Rosenworcel was an advocate for closing the Homework Gap by addressing 
the issue that millions of students take homework home from school but 
don't have the Internet access to complete it. She has been working on 
creative solutions to this issue for years, and since the pandemic has 
widened this gap, this work remains a top priority. Additionally, she 
has engaged CWA members in dialogue to provide perspective on the 
telecommunications issues that are hitting the communities we serve the 
hardest.
    Throughout her career, Gigi Sohn has been a staunch advocate for 
the expansion of affordable Internet access. During the T-Mobile/Sprint 
merger, Sohn was a key ally in the fight to protect the jobs of the 
working families who ultimately ended up being harmed by the merger. 
She believes in fighting to ensure that workers are protected first and 
foremost. Additionally, she supports efforts to hold broadband service 
providers accountable through state regulatory oversight. Her voice, 
experience and expertise are just what the FCC needs.
    The leadership exhibited by these two women focus on greater 
opportunity, accessibility, and affordability in our communications 
services, especially broadband services. Further, their tireless 
advocacy on behalf of workers and consumers has never been more 
important. I strongly urge you to swiftly advance the nominations of 
Jessica Rosenworcel and Gigi Sohn to serve as the next Chair and 
Commissioner of the Federal Communications Commission (FCC), as they 
are exactly the kind of leaders we need in this moment.
    Thank you in advance for your consideration.
            Sincerely,
                                                 Dan Mauer,
                                    Director of Government Affairs,
                               Communications Workers of America (CWA).
                                 ______
                                 
            Schools, Health & Libraries Broadband Coalition
                        National Digital Inclusion Alliance
                                                  November 15, 2021

Senator Maria Cantwell,
Chair,
Senate Commerce Committee
United States Senate
Washington, DC.
Senator Roger Wicker,
Ranking Member,
Senate Commerce Committee
United States Senate
Washington, DC.

Dear Chairwoman Cantwell and Ranking Member Wicker,

    On behalf of the Schools, Health & Libraries Broadband (SHLB) 
Coalition, the National Digital Inclusion Alliance (NDIA), and the 
undersigned organizations, we write to express our strong support for 
Jessica Rosenworcel to serve as the Chair of the Federal Communications 
Commission (FCC), Gigi Sohn to serve as a Commissioner on the FCC, and 
Alan Davidson to serve as the Assistant Secretary of Commerce and 
Administrator of the National Telecommunications and Information 
Administration (NTIA).
    The SHLB Coalition is a 501(c)(3) nonprofit advocacy organization 
that strives to close the digital divide by promoting open, affordable, 
high-quality broadband for anchor institutions and their communities. 
SHLB has over 300 members from across the US, including hundreds of 
commercial and nonprofit organizations who support our mission.
    NDIA is a 501(c)(3) nonprofit and advances digital equity by 
supporting community programs and equipping policymakers to act. 
Working collaboratively with digital inclusion practitioners, NDIA 
advocates for broadband access, tech devices, digital skills training, 
and tech support. NDIA currently represents 625 affiliate organizations 
located in 46 states.
    We urge the Senate Commerce Committee to advance the nomination of 
Rosenworcel for an additional term without delay. Her impressive range 
of work and extensive experience as a commissioner on the FCC makes her 
well suited to serve as its chair. She is committed to closing the 
``homework gap'' and has overseen the rollout and implementation of 
several critical Federal programs that make technology more accessible 
and affordable for Americans, including the Emergency Broadband Benefit 
program and the Emergency Connectivity Fund--the most significant 
Federal programs yet to address Internet affordability. By taking a 
lead role on spectrum policy reforms and expanding affordable broadband 
access to households, schools, libraries, and healthcare providers, 
Rosenworcel has demonstrated outstanding leadership as acting FCC 
Chair.
    We also urge the Senate Commerce Committee to advance the 
nomination of Sohn for Commissioner on the FCC without delay. Sohn has 
been a long-time advocate for Internet freedom, consumer protection, 
and digital inclusivity. Though steadfast in her principles, she has a 
deep and realistic understanding of the digital marketplace and its 
practical and economic challenges. In turn, she recognizes the need to 
work with others from all sides of every issue to achieve a more open, 
affordable, and privacy-protective communications landscape.
    Accordingly, she is well-respected by technology policy 
stakeholders on both sides of the political aisle as well as by for-
profit and nonprofit institutions. Sohn possesses an unmatched level of 
knowledge, leadership, and experience in her field, making her 
extremely well qualified to serve as an FCC Commissioner.
    Finally, we urge the Senate Commerce Committee to advance the 
nomination of Davidson for Assistant Secretary of Commerce and 
Administrator of NTIA without delay. Given his vast expertise in 
technology policy and digital access issues, Davidson will be a steady 
and effective leader at the NTIA. He has worked in policy areas such as 
free expression, content regulation, encryption, and copyright, while 
maintaining a commitment to the public interest. His experience and 
skills make him well suited for his prospective role at the NTIA.
    The FCC and NTIA have and will continue to play an extremely 
important role in digital policy--particularly given the passing of the 
Infrastructure Expansion Act of 2021 and the growing influx of Federal 
money for broadband and digital inclusion programs. As such, strong and 
effective leadership at the FCC and NTIA is crucial to ensuring a more 
efficient and equitable digital future for America. We thus urge the 
Senate Commerce Committee to promptly confirm the nominations of 
Rosenworcel for FCC Chair, Sohn for FCC Commissioner, and Davidson for 
NTIA Assistant Secretary of Commerce and NTIA Administrator.
    Thank you,

Valerie Oliver                       ROBERT W STEWART
Alaska State Library                 Asbury Park Free Public Library
 
Mike Wassenaar                       Jason Hardebeck
Alliance for Community Media         Baltimore City Mayor's Office
 
Alan Inouye                          Andrew Jay Schwartzman
American Library Association         Benton Institute for Broadband &
                                      Society
 
Sunne Wright McPeak                  TERI LAWRENCE
California Emerging Technology Fund  Educational Professional Services
 
Stephen D Rau                        Donna Rattley Washington
Channelford Associates Inc           Education SuperHighway
 
Shumonte Cooper                      Winston E. Himsworth
Christ is Relief Inc                 E-Rate Central
 
Elisabeth Perez                      Shirley Bauer
City of Portland                     E-Rate & Educational Services, LLC
 
Alexandria Felton                    Mary Jo Sagnella
City of San Jose                     E-RATE ONLINE
 
Dave Sevick                          John Chrastka
Computer Reach                       EveryLibrary Institute
 
Tom Reid                             Mai Moore
Connecting Appalachia                EYEJ: Empowering Youth, Exploring
                                      Justice
 
Bill Callahan                        Davis Park
Connect Your Community Institute     Front Porch
 
Christine Fox                        Burt Lum
CoSN                                 Hawaii Broadband Hui
 
Kimberly Friends                     Shawn Daugherty
CSM Consulting, Inc.                 Human-I-T
 
Erin Carr-Jordan                     W LAZONE GRAYS
Digital Equity Institute             IBSA, Inc.
 
Pat Millen                           Erin Mote
E2D, Inc.                            InnovateEDU
 
Hank Lawrence                        Christopher Mitchell
Educational Consulting Associates    Institute for Local Self-Reliance
 
Gwin Grimes                          Amanda Bergson-Shilcock
Jeff Davis County Library            National Skills Coalition
 
Carrie Coogan                        Tracy Olson
Kansas City Public Library           NC Telehealth Network Association
 
Michelle Harati                      Amy Sample Ward
Local Initiatives Support            NTEN
 Corporation (LISC)
 
Sulaiman Kenyatta                    Burton B. Cohen
Los Angeles County Economic          Office of Consumer Counsel
 Development Corporation
 
Josh Chisom                          Amy Philipson
Lucky Thirteen Design & Consulting   Pacific Northwest Gigapop
 LLC
 
Brandon Forester                     Barry Glicklich
MediaJustice                         Partners Bridging the Digital
                                      Divide
 
Joseph Sawasky                       Jenna Leventoff
Merit Network, Michigan              Public Knowledge
 
Katherine Messier                    Marci L. White
Mobile Beacon                        Redbud Telecom Consulting
 
Gina Dircks                          Jesse Bradley
Mobile Citizen, a Voqal Project      Right Here, Right Now Project
 
Nishal Mohan                         John Windhausen
mohuman                              Schools, Health & Libraries
                                      Broadband (SHLB) Coalition
 
Mariel Triggs                        Clayton Banks
MuralNet                             Silicon Harlem
 
Susan Corbett                        Jeannene Hurley
National Digital Equity Center       Sound E-rate, Inc.
 
Angela Siefer                        Coree Kelly
National Digital Inclusion Alliance  Southern Oregon Education Service
                                      District
 
Julia Fallon                         Andy Stutzman
State Educational Technology         Technology Learning Collaborative
 Directors Association (SETDA)
 
JJ McGrath                           Samantha Schartman
Texoma Communications, LLC           The Marconi Society
 
Robert Plymale                       Susan Benton
Thundercloud, Inc.                   Urban Libraries Council
 
Roger Timmerman                      Jessamyn West
UTOPIA Fiber                         Vermont Mutual Aid Society
 
Kristen Perry                        Jennifer Evans
Voqal                                West Hartford Community Interactive
 
Tessa Michaelson Schmidt
Wisconsin Department of Public
 Instruction
 

                                 ______
                                 
        The Leadership Conference on Civil and Human Rights
                                  Washington, DC, November 16, 2021

      SUPPORT SWIFT CONFIRMATION OF ROSENWORCEL, SOHN TO FEDERAL 
                       COMMUNICATIONS COMMISSION
Senator Maria Cantwell,
Chair,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

Senator Roger Wicker,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

Dear Chair Cantwell and Ranking Member Wicker:

    On behalf of The Leadership Conference on Civil and Human Rights, a 
coalition charged by its diverse membership of more than 230 national 
organizations to promote and protect the rights of all persons in the 
United States, and the undersigned organizations, we write to convey 
our strong support for the nominations of Jessica Rosenworcel and Gigi 
B. Sohn to serve as chair and commissioner, respectively, of the 
Federal Communications Commission (FCC). We urge the committee to 
report the nominations to the full Senate favorably and promptly. At a 
time when access to reliable, diverse news and information, as well as 
affordable broadband and communications, is paramount, a fully staffed 
FCC is a top priority for the Nation and for the constituencies we 
represent. Both Ms. Rosenworcel and Ms. Sohn are exemplary nominees for 
their respective positions and should be swiftly confirmed.
    Universal and affordable access to telecommunications services and 
diverse media enables vital communications with family, friends, and 
employers; provides access to invaluable health information, emergency 
services, social services, and education; and promotes participation in 
our 21st century democracy and economy. Our coalition is committed to 
ensuring that media and telecommunications policy affirms and extends 
our Nation's longstanding commitment to civil rights.
    Ms. Rosenworcel's direct experience with the commission, which 
includes nine years at the agency, and most recently as acting chair, 
demonstrates she is particularly well-positioned to lead the FCC at 
this pivotal time. Under her leadership, the FCC successfully 
implemented several time-sensitive and nationally important programs to 
address the COVID-19 pandemic, including the Emergency Broadband 
Benefit, which offers monthly financial support to low-income 
households. Throughout her career, Ms. Sohn has dedicated herself to 
the public interest, whether through her service on the Presidential 
Advisory Commission on the Public Interest Obligations of Digital 
Television Broadcasters, her advocacy for policies that promote 
diversity and competition in the non-profit sector, or her time at the 
FCC as a senior counselor to the chairman.
    Both nominees have shown they will establish a collaborative 
process and dialogue with the civil rights community as well as consult 
with the community members who are often left out of commission 
deliberations, including people of color, people with disabilities, 
low-income communities, incarcerated individuals, and other 
marginalized communities. In addition, both nominees would bring 
diversity to the commission. If confirmed, Ms. Rosenworcel would be the 
FCC's first permanent female chair and Ms. Sohn would be the 
commission's first openly LGBTQ commissioner.
    Without confirmation of both nominees to these positions this year, 
the FCC will be left with only three commissioners. The need for swift 
action on these nominations is therefore critical. After nine months 
without a working majority, the FCC has a significant workload before 
it. The civil rights agenda at the FCC requires rapid, focused 
attention. Congress has now adopted the Affordable Connectivity 
Program, an improved, permanent version of the Emergency Broadband 
Benefit, and the commission will need to move quickly to implement this 
program and ensure that all the commission's programs for low-income 
people are more effective and easier for their beneficiaries to use. 
Other civil rights priorities include finishing the congressionally 
mandated 2018 Quadrennial Review this year; completing the next review 
that will start immediately in 2022; implementing Congress' directive 
to collect equal employment opportunity data in this sector; and a 
long-delayed proceeding addressing the dysfunctional market and unjust 
practices in incarcerated communications.
    There is a tremendous overlap between media and telecommunications 
policies and civil rights, and the FCC's leaders must apply that 
understanding in setting the commission's agenda. To that end, we urge 
the committee to discuss with the nominees the importance of placing 
civil rights at the center of the commission's agenda and to press them 
to create an Office of Civil Rights to ensure every aspect of the 
agency's docket is consistent with our Nation's highest values. 
Moreover, the FCC is in a unique position to address privacy in the 
industries it oversees. Processing of personal data should promote 
equity and justice as it enhances safety, economic opportunity, and 
convenience for all.
    Ms. Rosenworcel and Ms. Sohn are highly qualified, possess deep 
knowledge of the challenges faced by disadvantaged populations, and 
have a demonstrated commitment to collaboration with civil rights 
stakeholders. For these reasons, the Senate Committee on Commerce, 
Science and Transportation should move quickly to report these nominees 
favorably to the full Senate. Should you have any questions, please 
contact Leadership Conference Media/Telecommunications Task Force Co-
Chair Cheryl Leanza, United Church of Christ Media Justice Ministry, at 
[email protected] or Bertram Lee, Jr., media/tech counsel, at 
[email protected].
            Sincerely,

The Leadership Conference on Civil and Human Rights
A. Philip Randolph Institute
AFL-CIO
American Federation of State, County and Municipal Employees (AFSCME)
American Federation of Teachers
Andrew Goodman Foundation, Inc.
Asian Americans Advancing Justice--AAJC
Center for Disability Rights
Clearinghouse on Women's Issues
Communications Workers of America
Crescent City Media Group
Equality California
Feminist Majority Foundation
Hispanic Federation
Japanese American Citizens League
League of Conservation Voters
MediaJustice
National Black Justice Coalition
National Council of Asian Pacific Americans
National Fair Housing Alliance
Public Advocacy for Kids (PAK)
Public Citizen
Silver State Equality-Nevada
Southern Echo Inc.
The Trevor Project
United Church of Christ Media Justice Ministry
                                 ______
                                 
                                                  November 17, 2021
Dear Senators Sinema and Kelly,

    We write to convey the rapidly growing urgency to confirm Jessica 
Rosenworcel as the Federal Communications Commission (FCC) permanent 
chair and Gigi Sohn as a fifth commissioner. The FCC will have a 2-1 
Republican majority if the Senate does not confirm Rosenworcel and Sohn 
by the end of the year. The Senate must act quickly.
    Arizona needs a fully functional FCC to help close the digital 
divide, particularly acute in our state. In eight of Arizona's fifteen 
counties, more than two-thirds of households lack access to high-speed 
broadband.\1\ Low-income families, Native Americans, and people of 
color are disproportionately disconnected, compounding grave 
inequalities that were made worse during the pandemic.
---------------------------------------------------------------------------
    \1\ https://www.azcentral.com/story/money/business/tech/2021/07/07/
broadband-access-arizona/47204697/
---------------------------------------------------------------------------
    Broadband access is a significant problem for families living on 
reservations in Arizona. Tribes are some of the least connected 
communities in the United States, and eighteen percent of tribal 
reservation residents have no Internet access at home.\2\ The 22 
federally recognized Tribes in Arizona face unique connectivity 
challenges at a time when broadband access has proven essential for 
distance learning, telehealth appointments, meetings over video 
platforms, connecting to remote work, and much more.
---------------------------------------------------------------------------
    \2\ https://aipi.asu.edu/sites/default/files/
tribal_digital_divide_stimulus_bill_advocacy.pdf
---------------------------------------------------------------------------
    Given the legislative calendar and the diminishing number of days 
for hearings and confirmation votes, we have reached a critical point 
to guarantee the agency charged with ensuring affordable communications 
access can do its work. Failing to confirm a permanent chair and a 
fifth commissioner leaves the FCC less than fully operational and 
limits its capacity to most effectively:

   Finish long-overdue reforms to the FCC's outdated and 
        inaccurate broadband maps, which are used to direct Federal 
        infrastructure investments;

   Strengthen the Lifeline program, which helps low-income 
        households afford telephone and Internet service;

   Create rules to make our Nation's communications networks 
        more reliable and resilient to natural disasters and other 
        threats;

   Guide the deployment of new broadband infrastructure built 
        with Federal dollars to make it as effective as possible;

   Protect consumers and workers from anticompetitive, job-
        killing mergers in the telecommunications sector;

   Approve emergency waivers for E-rate funded infrastructure 
        to be opened up for remote education; and

   Meet the challenge of the 2018 Broadcast Ownership 
        Quadrennial Review and halt the dangerous trend towards 
        consolidated ownership in broadcasting by reasserting 
        principles of localism, competition and ownership diversity.

    The FCC has the singular ability to ensure affordable and reliable 
communications for all. The pandemic showed us the unshakable image of 
children doing their classwork from fast-food parking lots using 
borrowed WiFi. We cannot let those students or any family wait any 
longer. If we are to reach the goal of having a country where everyone, 
no matter their address or size of their bank account, has affordable 
access to high-speed internet, we need a full commission immediately. 
We urge Congress not to lose any more time and to confirm Jessica 
Rosenworcel and Gigi Sohn by the end of the year.
            Sincerely,

Cat's in the Cradle New Life Sanctuary
Common Sense
Gila River Telecommunications, Inc.
LISC Phoenix
Native Public Media
NTEN
Red Rock Mountain Studios LLC
Rural Arizona Action
Swinging Sixties Productions
Terabyte Media LLC
                                 ______
                                 
                                                    IdeaTek
                                                  November 22, 2021
Hon. Jerry Moran,
United States Senate,
Wichita, KS.

Dear Senator Moran:

    I am writing in support of the nomination of Gigi Sohn to the 
Federal Communications Commission.
    As you know, IdeaTek is a Kansas-based small broadband provider 
that has strived to compete against the larger incumbent carriers for 
many years. We have been able to offer more efficient and affordable 
service to consumers and small businesses in Kansas due to our ability 
to compete in the monopoly-dominated broadband market.
    While Ms. Sohn may have some more progressive views on matters that 
you and I may disagree with, she has been a strong advocate for small 
competitive broadband companies throughout her thirty-year career. We 
strive for customers to have freedom and choice when it comes to 
broadband services, and competitiveness is a crucial part of that 
mission. This issue outweighs other potential policy changes she may 
advocate for, as Ms. Sohn's commitment to competitiveness is essential 
for the future of broadband.
    Ms. Sohn is a respected lawyer and previously served in a key role 
at the FCC under a former Chair. She has an excellent understanding of 
the complex issues facing the FCC today and in the near future. It is 
my hope that you can join me in recognizing the dedication she displays 
to competitiveness in broadband, and the value she could bring to the 
agency and the industry it oversees.
            Sincerely,
                                            Daniel Friesen,
                                                  Managing Partner 
                                        & Chief Innovation Officer.
                                 ______
                                 
           Computer and Communications Industry Association
                                Fiber Broadband Association
                                                   INCOMPAS
                                                  November 23, 2021

Hon. Maria Cantwell,
Chair,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Hon. Roger Wicker,
Ranking Member,
Committee on Commerce, Science, and Transportation
United States Senate,
Washington, DC.

Re: Nomination of Acting-Chairwoman Jessica Rosenworcel for Chairman, 
            Federal Communications Commission (FCC)

Nomination of Ms. Gigi B. Sohn for Commissioner, FCC

Nomination of Mr. Alan Davidson for Administrator of the National 
            Telecommunications and Information Administration (NTIA)

Dear Chair Cantwell and Ranking Member Wicker:

    The undersigned communications industry trade organizations write 
in support of President Biden's nominees for the FCC and NTIA and urge 
their swift consideration by your committee and final confirmation by 
the Senate.
    The telecommunications industry is an important part of the U.S. 
economy accounting for over 2 percent of Gross Domestic Product. The 
telecommunications sector is responsible for as many as 10 million jobs 
and trillions of dollars of investment. Decisions of the FCC and NTIA 
impact every American consumer.
    The recently enacted Infrastructure Investment and Jobs Act (IIJA) 
gives both agencies important roles. Additionally, both agencies are in 
the process of administering programs authorized through the CARES Act 
of 2020 and American Rescue Plan of 2021 Act which include several 
programs to address pandemic related telecommunications issues. A full 
complement of five FCC Commissioners and a permanent Administrator for 
NTIA is vital to implement these programs and ensure progress on 
critical initiatives for our country, including broadband accessibility 
and affordability, roll out of 5G, and securing telecommunications 
networks.
    The Administration has nominated Ms. Rosenworcel, Ms. Sohn and Mr. 
Davidson. Each of these nominees is eminently qualified to hold the 
positions for which they have been nominated and possess the academic 
background, the qualifications, and expertise to serve as leaders on 
telecommunications policy.
    Given the once in a generation level of the investment the 
government is making in broadband to advance our nation, we urge the 
Senate to move quickly to confirm nominees for these key positions.
            Respectfully submitted,
                                          Matthew Schruers,
                                                         President,
                                                                  CCIA.
                                               Gary Bolton,
                                                   President & CEO,
                                           Fiber Broadband Association.
                                            Chip Pickering,
                                                               CEO,
                                                              INCOMPAS.
                                 ______
                                 
                                                  November 29, 2021
Hon. Maria Cantwell,
Chair, Senate Committee on Commerce, Science, and Transportation,
Washington, DC.
Hon. Roger Wicker,
Ranking Member on Commerce, Science, and Transportation,
Washington, DC.

Dear Chairwoman Cantwell and Ranking Member Wicker:

    We write to offer our strong support for the nomination and swift 
confirmation of Gigi Sohn to serve as Commissioner to the Federal 
Communications Commission (FCC). Although we don't agree with Gigi on 
every communications policy matter, she is a thoughtful and pragmatic 
leader who is willing to work across the aisle and across the 
ideological spectrum to make progress to ensure that all U.S. 
households have robust broadband. She has helped improve the quality of 
life for rural underserved communities with her work on rural broadband 
deployment and adoption policies.
    Ms. Sohn regularly works to forge relationships and alliances with 
stakeholders across the aisle and with diverse community leaders. When 
industry has sought the involvement of someone to represent consumer 
interests, they seek out Gigi first because of her credibility and 
fairness. For example, she served as Co-Chair of the Broadband Internet 
Technology Advisory Group (BITAG), which convened network engineers and 
technical experts from industry and academia to examine and develop a 
consensus on Internet network management practices. The purpose of 
BITAG was to assist in the creation of acceptable industry standards, 
as opposed to heavy handed enforcement and regulation.
    Over Ms. Sohn's 30 years of experience in telecommunications, 
broadband and technology policy has shown she has a strong commitment 
to the First Amendment. She has regularly worked with organizations 
representing conservative media interests to ensure all voices and 
views are heard both as a consumer advocate and as a government 
official. The FCC will make critical decisions to maintain a 
competitive and open media environment. Her consistent and long held 
support of diversity in viewpoints in media will serve all voices well.
    We are confident that Ms. Sohn will take her pragmatic and 
collaborative skills to her new role at the FCC as a commissioner if 
confirmed by the Senate.
            Sincerely,

Hilda Gay Legg--Former USDA Rural    Chip Pickering--CEO of INCOMPAS,
 Development State Director for       Former Republican Congressman from
 Kentucky and the Former              Mississippi
 Administrator for RUS
 
Chad Rupe--managing member of Rural  Daniel Linville--West Virginia
 America Strategies LLC               House of Delegates--Chairman of
                                      the Committee on Technology and
                                      Infrastructure
 
                                     Judson Hill--Former Republican
                                      Georgia State Senator
 

                                 ______
                                 
                    Alarm Industry Communications Committee
                                                  November 30, 2021

Maria Cancel,
Chairwoman,
Senate Committee on Commerce,
Washington, DC.

Roger Wicker,
Ranking Republican,
Senate Committee on Commerce,
Washington, DC.

Dear Chairwoman Cantwell and Ranking Republican Wicker,

    The Alarm Industry Communications Committee (AICC) strongly 
supports the nominations of Jessica Rosenworcel as Chairwoman of the 
Federal Communications Commission (FCC) and Gigi Sohn for FCC 
commissioner.
    Based upon our observations and experiences in working with both 
nominees, we have found them to fully understand and recognize the key 
role that telecommunications plays in helping to ensure public safety. 
They have both proven to be very accessible and willing to listen and 
learn how issues before the FCC would impact the ability of alarm 
monitoring companies to respond to emergencies experienced by 
individuals and businesses as a result of a break in, fire, carbon 
monoxide incident or in the case of seniors a health emergency that 
requires the dispatch of emergency responders.
    They have both demonstrated strong support for consumer rights 
while at the same time being willing to understand the concerns of the 
small business-dominated alarm industry which is a key partner in the 
public safety network. An added benefit is that they both have a long 
history of working on telecommunications issues both inside and outside 
the FCC, which would make them immediately ready to address the myriad 
of issues before the Commission.
    We urge the Senate to expeditiously take up and confirm the 
nominations of both these highly qualified candidates.
            Sincerely,
                                                 Lou Fiore,
                                                          Chairman,
                               Alarm Industry Communications Committee.
                                 ______
                                 
                  NENA Statement on FCC Nominations--
                 National Emergency Number Association

                       Tuesday, November 30, 2021

                        Posted by: Chris Nussman

    On October 26, President Biden appointed Jessica Rosenworcel to 
Chair the Federal Communications Commission and Gigi Sohn to serve as 
the fifth Commissioner. NENA is proud to support both of their 
nominations. Nominees Rosenworcel and Sohn have shown deep dedication 
to improving the 9-1-1 emergency system and a commitment to public 
safety during their careers. NENA appreciates their tremendous 
leadership and encourages the Committee and Senate to vote in support 
of both their nominations.
    As Acting Chair, Jessica Rosenworcel has been a champion for Next 
Generation 9-1-1 (NG9-1-1) and has worked tirelessly as Commissioner to 
help ensure FCC-regulated providers are capable of meeting the needs of 
public safety. In addition to pushing for improved requirements and 
industry accountability in carrying out the requirements of Kari's Law 
and RAY BAUM'S Act, she has been an indefatigable champion for improved 
network resiliency and supported essential Federal funding for the NG9-
1-1 transition.
    During Gigi Sohn's tenure at the FCC, her work not only improved 
requirements for 9-1-1 caller location accuracy, but also requirements 
for text-to-9-1-1--an essential tool for millions of Americans in need 
every day. Her work also helped elevate the need to tackle issues of 
funding and deploying NG9-1-1 in public-safety answering points 
nationwide. We look forward to working with Sohn as she advances the 
Commission's work to fund ``middle mile'' Internet infrastructure that 
will serve as an essential foundation to ensure underserved and rural 
communities have access to NG9-1-1.
    We at NENA look forward to working with both nominees on issues 
pressing to the public safety community.
                                 ______
                                 
Hon. Chuck Schumer,
Senate Majority Leader,
Washington, DC.

Hon. Maria Cantwell,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

Hon. Mitch McConnell,
Senate Minority Leader,
Washington, DC.

Hon. Roger Wicker,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

November 30, 2021

Dear Senate Majority Leader Schumer, Minority Leader McConnell, Chair 
Cantwell and Ranking Member Wicker,

    We are writing to urge the swift and concurrent confirmation of 
Jessica Rosenworcel and Gigi Sohn for the Federal Communications 
Commission and Alan Davidson for the National Telecommunications and 
Information Administration. These agencies urgently need Senate-
confirmed leaders to address the critical need for affordable and 
resilient access to the open Internet in the midst of a global pandemic 
and worsening climate crisis. Through bipartisan infrastructure 
legislation, Congress has given these agencies enormous tasks on tight 
deadlines. These exceptional nominees' appointments so late in the year 
means there can be no delay in confirming them and getting started in 
earnest on all of that urgent work.
    These three nominees each bring decades of experience, a commitment 
to the public interest, and the skills necessary to fulfill the 
missions of these agencies.
    Jessica Rosenworcel's tenure at the FCC makes her an exceptional 
pick for FCC Chair. She is a respected and principled advocate with a 
proven record of fighting for the public interest. She has long 
championed efforts to ensure everyone in America, particularly 
schoolchildren, have affordable and reliable high-speed broadband to 
provide them with the tools they need for a successful future. 
Chairwoman Rosenworcel's efforts to close the ``homework gap'' embody 
that commitment. As Acting Chair, she quickly and successfully launched 
the Emergency Broadband Benefit, a program that is now helping millions 
of Americans afford access to the internet.
    For over 30 years, Gigi Sohn's priority has been ensuring that 
modern communications networks are available to everybody, regardless 
of who they are or where they live. Her life's work has embodied the 
standard on which the FCC bases its decisions: the public interest. She 
served as a top aide to FCC Chairman Tom Wheeler and helped found and 
lead a non-profit focused on promoting an open and competitive 
communications and technology market. She has a proven record of 
bringing together varied stakeholders, including public interest 
advocates and companies, in bipartisan coalitions to fight for 
equitable broadband policies, consumer protections, competition and the 
open internet.
    Alan Davidson has over 20 years of experience in government, 
industry and public interest advocacy, making him an ideal candidate to 
take up the interagency work of the NTIA, and to guide not only NTIA's 
existing spectrum allocation and broadband policy work, but also its 
greatly increased grantmaking and coordinating role in implementation 
of the bipartisan infrastructure bill's broadband funding provisions.
    Even before the pandemic struck over 21 months ago, 2019 Census 
data showed that nearly 80 million people in the U.S. did not have 
adequate broadband at home.\1\ According to that data, poor families 
and people of color are disproportionately disconnected--only 48 
percent of low-income households had a fixed broadband connection at 
that time, and 13 million Black people, 18 million Latinx people and 
1.3 million Indigenous people lacked this kind of adequate home 
connectivity.\2\ Digital divide indicators like education and income 
disparities demonstrate that many Asian American and Pacific Islander 
(AAPI) communities and ethnic groups are also disproportionately 
impacted, and some AAPI communities and individuals with reduced 
English proficiency levels may adopt broadband at lower rates than the 
national average.\3\
---------------------------------------------------------------------------
    \1\ See Comments of Free Press, FCC GN Docket No. 20-269, at 4 
(filed Sept. 18, 2020), https://www.freepress.net/sites/default/files/
2020-09/free_press_2020_section_706_inquiry_com
ments.pdf.
    \2\ See id.
    \3\ See Asian Americans Advancing Justice, Telecommunications and 
Technology Fact Sheet, https://advancingjustice-aajc.org/sites/default/
files/2020-02/Lifeline%20Backgrounder.pdf.
---------------------------------------------------------------------------
    At the same time communities across the country are facing more 
frequent extreme weather events due to the climate crisis, and those 
events are taking down crucial communications infrastructure on an 
increasingly regular basis.
    And while Congress passed historic legislation to address broadband 
affordability and accessibility for both urban and rural communities in 
the midst of the pandemic, the FCC and NTIA's ability to administer 
these Congressional directives--as well as their ability to promote 
affordability, competition, privacy, sound spectrum policy, and network 
resiliency along with other consumer protections using existing 
authorities--has been limited by the deadlocked FCC and the lack of an 
Assistant Secretary at NTIA.
    Any delay in confirming all three of these nominees will stall 
progress on achieving those goals and ensuring that everyone in the 
United States is able to access robust, affordable high-speed internet.
    We urge you to confirm these three public-interest champions before 
the Senate recesses at the end of the year. Thank you for your 
attention to this urgent matter.
            Sincerely,

    18 Million Rising
Access Humboldt
Akaku Maui Community Media
Alliance for Community Media
American Library Association
Appalshop Community Media Initiative
Benton Institute for Broadband & Society
Branford Community Television
California Center for Rural Policy
California Clean Money Campaign
Capital Community Media
CATS Community Access Television Services
Center for Accessible Technology
Center for Democracy & Technology
City of New Bedford Cable Access--New Bedford, MA
Color Of Change
Common Sense
Communications Workers of America
Communities Closing the Urban Digital Divide
Community Media Access Collaborative
Decode Democracy
Demand Progress Education Fund
Democracy for America
Derry Community Access Media
Duluth Public Access Community Television
Electronic Frontier Foundation
Engine
FC Public Media
Fight for the Future
Free Press Action
Friends of the Earth
Granby Community Access and Media, Inc.
The Greenlining Institute
Greenpeace USA
Hawaii Consumers
Illinois for Educational Equity
Indivisible Sacramento
Institute for Local Self-Reliance
Libraries Without Borders U.S.
Local TV, inc
Lynn Community Television
Massachusetts Community Media dba MassAccess
Media Alliance
Media, Inequality & Change Center
MediaJustice
Melrose Massachusetts Television
Movement Alliance Project
Mozilla Foundation
National Association of the Deaf
National Consumers League
Native Public Media
Newark for Educational Equity & Diversity
The New Hampshire Coalition for Community Media
North Shore TV
NTEN
OD Action
The OMNI Centre for Public Media, Inc.
OMNI Productions
Open MIC (Open Media and Information Companies Initiative)
Open Technology Institute
OpenMedia
Orion Neighborhood Television (ONTV)
The Other 98%
Our Revolution
PhillyCAM
Presente.org
Progress America
Public Knowledge
Revolving Door Project
RootsAction.org
Salem Community Television, Salem NH
Salina Media Connection; Community Access TV of Salina, Inc.,
San Diego Futures Foundation
Tahoe Truckee Media
Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI)
TURN--The Utility Reform Network
United Church of Christ Media Justice Ministry
Valley Shore Community Television Inc.
Western New York Library Resources Council
Winchester Community Access & Media, Inc.
Writers Guild of America West
X-Lab
                                 ______
                                 
                                                   December 6, 2021

Hon. Chuck Schumer,
Majority Leader,
United States Senate,
Washington, DC.

Hon. Mitch McConnell,
Minority Leader,
United States Senate,
Washington, DC.

Re: FCC and NTIA Nominations

Dear Majority Leader Schumer and Minority Leader McConnell:

    As technology and telecommunications leaders who are working to 
connect consumers and businesses to critical communications services 
across our great nation that are used to support every economic sector, 
including agriculture, education, health care, and manufacturing, we 
are writing today to express our strong support for expeditiously 
confirming President Biden's nominees to the Federal Communications 
Commission (FCC) and the National Telecommunications and Information 
Administration (NTIA).
    FCC Chairwoman Jessica Rosenworcel, Ms. Gigi Sohn, and Mr. Alan 
Davidson have demonstrated through their many years of service in the 
technology and telecommunications sector, that they have the expertise 
and requisite skills required for their positions. With almost a decade 
of service as a Commissioner, now-Chairwoman Rosenworcel has 
effectively managed the FCC during a global pandemic and has 
implemented key emergency programs to connect students and families to 
broadband. Ms. Sohn is a well-known public advocate and thought leader 
with thirty years of experience who has focused her work on ensuring 
that modern communications services are available to every consumer. As 
a senior executive in the tech industry, Mr. Davidson has managed 
complex matters and has been a leader on open and accessible policies, 
enabling modern communications technology options in the U.S.
    Both the FCC and NTIA are important agencies for advancing the 
Nation's broadband and communications connectivity goals, and they are 
in need of their full and permanent leadership to fulfill their 
missions as soon as possible. We urge you to move their nominations 
forward and confirm them.
            Sincerely,
                                            Douglas Denney,
                                             VP Legal & Regulatory,
                                                             Allstream,
                                                         Vancouver, WA.
                                            Chris Levendos,
                                           Executive Vice President
                                and Chief Operating Officer--Fiber,
                                                          Crown Castle,
                                                           Houston, TX.
                                                 Jeff Blum,
       Senior Vice President, Public Policy and Government Affairs,
                                                                  DISH,
                                                         Englewood, CO.
                                          Gregory A. Aymar,
                                           Chief Executive Officer,
                                                             FiberComm,
                                                        Sioux City, IA.
                                          Kurt Van Wagenen,
                             President and Chief Executive Officer,
                                                      FirstLight Fiber,
                                                            Albany, NY.
                                                Gary Watts,
                                           Chief Executive Officer,
                                                            Fuse.Cloud,
                                                           Jackson, MS.
                                          Michael B Galvin,
                                             EVP & General Counsel,
                                       Granite Telecommunications, LLC,
                                                            Quincy, MA.
                                        Fletcher Kittredge,
                                           Chief Executive Officer,
                                                                   GWI,
                                                         Biddeford, ME.
                                   Edward E. Hilliary, Jr.,
                                                  Managing Partner,
                                          Hilliary Communications, LLC,
                                                            Lawton, OK.
                                             Jerrod Reimer,
                                                 President and CEO,
                                                               IdeaTek,
                                                            Buhler, KS.
                                          Edward J. O'Hara,
                                           Chief Executive Officer,
                                                           Inteliquent,
                                                           Chicago, IL.
                                           Andoni Economou,
                                           Chief Operating Officer,
                                                                MetTel,
                                                          New York, NY.
                                               Dane Jasper,
                                             Chief Executive Offer,
                                                         Sonic Telecom,
                                                        Santa Rosa, CA.
                                          Rebecca H. Sommi,
                                              VP Vendor Management,
                                         Specrotel Holding Company LLC,
                                                           Neptune, NJ.
                                              Chet Kanojia,
                                           Chief Executive Officer,
                                                           Starry, Inc,
                                                            Boston, MA.
                                             Joshua Broder,
                                           Chief Executive Officer,
                                                                Tilson,
                                                          Portland, ME.
                                           Kenny Gunderman,
                                           Chief Executive Officer,
                                                     Uniti Group, Inc.,
                                                       Little Rock, AR.
                                             Brian Worthen,
                                           Chief Executive Officer,
                                                   Visionary Broadband,
                                                          Gillette, WY.
                                              Ray LaChance,
                            Co-Founder and Chief Executive Officer,
                                                        ZenFi Networks,
                                                          New York, NY.
                                               Ted Gilliam,
                     General Counsel, Strategic and Regional Sales,
                                                                  Zayo,
                                                           Boulder, CO.
                                 ______
                                 
                                                 Fuse Media
                                     Glendale, CA, December 9, 2021

Hon. Maria Cantwell,
Chairman, Senate Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Hon. Roger Wicker,
Ranking Member,
Senate Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Hon. Ben Ray Lujan,
Chairman, Senate Subcommittee on Communications, Media, and Broadband,
United States Senate,
Washington, DC.

Hon. John Thune,
Ranking Member, Senate Subcommittee on Communications, Media, and 
Broadband,
United States Senate,
Washington, DC.

Dear Chairmen Cantwell and Lujan, and Ranking Members Wicker and Thune,

    As the CEO of one of the few minority-owned-and-managed media 
companies in the country, I offer my full support for Gigi Sohn's 
confirmation to be FCC Commissioner and urge the Senate Commerce 
Committee to confirm her nomination without hesitation.
    Latino-owned Fuse Media is a multicultural focused, multiplatform 
entertainment company that serves its millennial and Gen-Z audience 
through a portfolio of streaming and television brands. With a mandate 
to keep inclusion and representation at the forefront of all creative 
and business decisions, I am proud to state that 100 percent of Fuse 
original series include Latinos and people of color. But we cannot do 
this job alone and, as a champion of diversity and inclusion in media 
and media ownership, Ms. Sohn has proven herself to be a much-needed 
advocate for communities that continue to be underrepresented in media, 
despite their prevalence in society.
    We know that media plays a critical role in the way we perceive 
ourselves and others, yet underrepresented communities still struggle 
to find content that genuinely, accurately, and respectfully reflects 
their cultures and experiences. While U.S. Census data show Latinos 
comprising nearly 20 percent of the U.S. population, the most recent 
Annenberg Inclusion Initiative study revealed that across media, only 
about 5 percent of speaking or named characters during 2019 featured a 
Hispanic or Latino actor. Many of those roles tend to reinforce 
negative stereotypes.
    It therefore is imperative that smaller, independent media 
companies committed to equal and positive presentation of 
underrepresented minorities are given room and resources to thrive in 
an increasingly consolidated media landscape. Ms. Sohn has proven her 
commitment to ensuring such equity.
    Fuse Media believes that audiences and consumers will benefit from 
Gigi Sohn's confirmation as FCC Commissioner. Her commitment to 
diversity of ownership and viewpoints, along with her support for 
independent voices, will allow entertainment providers and companies of 
all sizes to be on a more level playing field, ultimately creating 
opportunities for more representation and inclusion in media.
            Sincerely,
                                            Miguel Roggero,
                                           Chief Executive Officer.
    cc:
Senator Amy Klobuchar
Senator Richard Blumenthal
Senator Brian Schatz
Senator Ed Markey
Senator Gary Peters
Senator Tammy Baldwin
Senator Tammy Duckworth
Senator Jon Tester
Senator Kyrsten Sinema
Senator Jacky Rosen
Senator John Hickenlooper
Senator Raphael Warnock
Senator Roy Blunt
Senator Ted Cruz
Senator Deb Fischer
Senator Jerry Moran
Senator Dan Sullivan
Senator Marsha Blackburn
Senator Todd Young
Senator Mike Lee
Senator Ron Johnson
Senator Shelley Moore Capito
Senator Rick Scott
Senator Cynthia Lummis
      
                                 ______
                                 
                                    LGBTQ Victory Institute
                                  Washington, DC, December 10, 2021

Maria Cantwell,
Chair,
U.S. Senate Committee on Commerce, Science, and Transportation.

Roger Wicker,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation.

Dear Chair Cantwell and Ranking Member Wicker,

    As President and CEO of the LGBTQ Victory Institute, I write to 
support Gigi Sohn in their candidacy to serve as FCC Commissioner 
within the Biden-Harris Administration.
    Victory Institute works to achieve and sustain global LGBTQ 
equality through leadership development, training, and convening to 
increase the number, expand the diversity, and ensure the success of 
openly LGBTQ elected and appointed officials at all levels of 
government.
    Through her 30+ years of work in the non-profit sector and as 
Counselor to former FCC Chair Tom Wheeler, Gigi has demonstrated her 
dedication to ensuring that every American household has affordable and 
robust broadband Internet. We have worked closely with Gigi Sohn in the 
past; much of the work we do at the LGBTQ Victory Institute would not 
be possible without partners like Gigi in our Federal government. In 
addition to skillfully advancing America's interests, Gigi Sohn also 
proudly represents the LGBTQ community. Gigi would be the first openly 
LGBTIQ+ Commissioner of the FCC. There have been only a handful of 
openly LGBTIQ+ Commissioners of independent agencies history.
    We are thankful for Gigi's continued service. We emphatically 
encourage the Biden-Harris Administration to move quickly to take 
advantage of Gigi's exceptional experience and expertise, and continue 
to give effect to the President's commitment that this Administration 
`look like America'.
    I would be happy to further discuss with you Gigi Sohn's impressive 
credentials.
            Sincerely,
                                       Mayor Annise Parker,
                                                   President & CEO.
                                 ______
                                 
                                 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
                                 
                                 ______
                                 
                                       Sun Corridor Network
                                                          Tempe, AZ
Dear Senator Sinema:

    I hope you are doing well and enjoying a healthy start to 2022. I 
am writing in support of President Biden's nomination of Gigi Sohn to 
serve as a Commissioner of the Federal Communications Commission (FCC).
    Arizona is ranked 36th in the Nation for broadband coverage. 31 
percent of Arizonans are either unserved or underserved. This is not 
only a rural challenge. For example, the Phoenix, Arizona neighborhood 
of Maryvale, a densely populated, urban area, is underserved, with two-
thirds of households without Internet.
    Throughout the pandemic, broadband access has proven to be a key 
infrastructure investment that Arizonans understand is vital for 
advancing our education, healthcare, and workforce development. As 
Arizona's Research and Education Network the Sun Corridor Network (SCN) 
witnessed firsthand the difficulties in unserved and underserved 
communities as teachers and students sought to engage in education with 
insufficient capabilities. SCN worked diligently with schools, 
communities, and our university partners by providing mobile hotspots, 
wireless networking, and other technology, yet students in areas 
lacking broadband coverage were still challenged to access their 
classes. This was especially true on tribal lands.
    Ms. Sohn's number one priority is getting robust broadband 
everywhere, to rural and urban areas and to tribal lands. When she was 
at the FCC she worked closely with the Office of Native American Policy 
and with tribal leaders. She has been very supportive of legislative 
and policy efforts to expand broadband deployment on tribal lands and 
to give tribes more control over spectrum on tribal lands. This 
includes, among other things, extending the 2.5GHz tribal priority 
window.
    Ms. Sohn has supported the broadband infrastructure bill 
(Infrastructure Investment & Jobs Act), that requires states to provide 
funding to unserved areas first and then to underserved areas. Combined 
with funding from other bills passed by Congress in 2020 and 2021, 
there is a real opportunity to make enormous progress in closing the 
digital divide.
    Ms. Sohn has a long history of reaching out to and sitting down 
with people who disagree with her position to try and find common 
ground. She has done so whether someone is from a different political 
party or from industry--even when doing so has put her at odds with 
some in the public interest community. I believe that Ms. Sohn is the 
best person to move the FCC forward and help close the digital divide.
    I encourage you to support the nomination of Ms. Sohn to the open 
seat on the FCC to continue to advance our interests here in Arizona. 
As always, I am happy to speak with you further if you have questions 
or insights.
            Sincerely,
                                             Derek Masseth,
                                                Executive Director,
                                                  Sun Corridor Network.
                                 ______
                                 
                                                    January 3, 2022
Sen. Maria Cantwell,
Chair,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

Sen. Roger Wicker,
Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

Re: Nomination of Gigi Sohn to the Federal Communications Commission 
            (FCC)

Dear Chair Cantwell and Ranking Member Wicker,

    We write to express our support for Ms. Gigi Sohn to be a 
commissioner at the FCC. We have each served as the Chief of the Public 
Safety and Homeland Security Bureau at the FCC. We are fully familiar 
with the responsibilities of that Bureau at the FCC, its authorities, 
and the important role FCC commissioners play in ensuring that first 
responders and the public can communicate reliably and effectively, 
especially in emergencies.
    Based on our knowledge and experience with the public safety 
communications role of the FCC, our knowledge of FCC Commissioner 
nominee Gigi Sohn, and our work and dedication to make the public 
safer, we enthusiastically recommend that you confirm Gigi Sohn to 
serve as an FCC Commissioner.
    Ms. Sohn's years of advocacy in support of the FCC ensuring that 
our first responders have the reliable, resilient, and secure 
communications resources they need, and that public safety 
communications be given the priority they deserve given their 
criticality to mitigate harm, reflect her qualifications for the job. 
We know and appreciate that Ms. Sohn has been focused for a long time 
on what the FCC must do to make the public safer. She advocates that 
even as technology changes, it is of the highest priority for the FCC 
to use the authority it has to ensure that first responders have the 
communications support that they need, and that the public can reach 
help in an emergency over the vital commercial networks that the FCC 
regulates. She views these technology changes as opportunities to 
further facilitate emergency communications.
    The Committee need look no further than its own proceedings to see 
Ms. Sohn express her commitment in this area, her appreciation of these 
concerns, and her advocacy of the importance of effective and reliable 
communications for first responders and for the public in emergencies. 
For example, on July 25, 2013, Ms. Sohn testified to this Committee:

        --``Public safety rules must ensure that emergency services 
        like 9-1-1 and geolocation technologies continue to help first 
        responders offer emergency care, regardless of whether the 
        network that the customer uses is wireless or wireline, copper 
        or fiber.'' \1\
---------------------------------------------------------------------------
    \1\ https://www.commerce.senate.gov/services/files/C5B12974-F5D6-
48F9-99DC-2854DF0C2F
C7 (p.12)

        --``[T]he moments in which the public relies upon emergency 
        services like 9-1-1 are literally life-or-death, and it is 
        crucial that policymakers implement rules that maintain the 
        public safety components of the phone network.'' \2\
---------------------------------------------------------------------------
    \2\ Ibid.

    Ms. Sohn's views and advocacy to this Committee in 2013 of the 
criticality of public safety communications to the FCC's mission, first 
responders and the public, also was clearly reflected in her recent 
testimony to the Committee in connection with her nomination to the 
Commission. She outlined her views in responding to Questions for the 
---------------------------------------------------------------------------
Record (QFRs):

        --``I would seek to ensure that every rulemaking, adjudication 
        and decision of the Commission considers the potential 
        implications for public safety. In particular, the Commission 
        must ensure that police, firefighters and other first 
        responders have access to the resources they need--especially 
        in times of crisis.'' \3\
---------------------------------------------------------------------------
    \3\ Questions for the Record, Senate Committee on Commerce, Science 
and Transportation, ``Nominations of Gigi Sohn, to be a Commissioner of 
the Federal Communications Commission; Alan Davidson, to be Assistant 
Secretary of Commerce for Communications and Information, DOC; Viquar 
Ahmad, to be Assistant Secretary for Administration and Chief Financial 
Officer, DOC; and Jed Kolko, to be Under Secretary of Commerce for 
Economic Affairs, DOC'' (Dec. 1, 2021).

        --She testified specifically about ensuring that no 
        interference with public safety communications will be 
        tolerated: ``As a first priority, I would seek to ensure that 
        public safety communications cannot be blocked or throttled.'' 
        \4\
---------------------------------------------------------------------------
    \4\ Ibid.

        --Likewise, she cited the importance of ensuring that first 
        responders have ``adequate and secure spectrum . . .''; 
        ``robust communications networks . . . [reliable] during 
        national disasters or terrorist attacks''; ``network 
        reliability and resiliency''; and her commitment to ``consult 
        regularly with law enforcement, firefighters, EMTs and other 
        first responders to ensure that the unique needs of each 
        community are met.'' She cited the illegal use of contraband 
        cell phones by incarcerated individuals as a law enforcement 
        concern that she would work to address ``consistent with the 
        FCC's statutory authority.'' \5\
---------------------------------------------------------------------------
    \5\ Ibid.

    Each of us believe that Ms. Sohn, as a commissioner, would be a 
strong advocate for the public safety and homeland security 
communications policies and initiatives that are critical to the 
American people and first responders. We are deeply familiar with that 
mission and the important role that the FCC plays. Confirming Ms. Sohn 
would enable her to bring her understanding, prioritization, and 
commitment to these issues to the Commission. It is not only our words, 
but her own words as well, that speak to her understanding of this, 
long before she was nominated for this role.
    We urge the Committee to confirm Gigi Sohn expeditiously so she can 
get to work on the important mission Congress has charged the FCC with 
advancing. She is someone we believe will be a strong, effective, and 
knowledgeable advocate for the public's safety as an FCC Commissioner.
                                             Jamie Barnett,
                                               RDML, USN (Retired).
                                         David S. Turetsky.
                                 ______
                                 
                          Communications Workers of America
                                    Washington, DC, January 6, 2022

Hon. Maria Cantwell,
Chair,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

Dear Chair Cantwell,

    I am writing to urge swift action on the nomination of Gigi Sohn 
for Commissioner of the Federal Communications Commission (FCC). 
Throughout her career, Gigi has been a staunch advocate for the 
expansion of affordable Internet access. During the T-Mobile/Sprint 
merger, Sohn was a key ally in the fight to protect the jobs of the 
working families who ultimately ended up being harmed by the merger. 
She fights to ensure that working people and underrepresented 
communities are front and center in charting the course for an 
equitable communications and media ecosystem. Additionally, she 
supports constructive collaboration with states to ensure effective 
oversight of broadband services and infrastructure.
    Gigi's voice, experience, and expertise are just what the FCC needs 
during a period of increased Federal investment in broadband networks 
and digital equity initiatives. She has demonstrated her commitment to 
consumers and workers in the telecommunications industry throughout her 
career in public interest advocacy and government service, and again 
demonstrated her expertise and strong credentials to be an FCC 
Commissioner at her December 1st, hearing before the U.S. Senate 
Committee on Commerce, Science and Transportation.
    Gigi's tireless advocacy for communications infrastructure that 
equitably serves all Americans has never been more important. I 
strongly urge you to swiftly advance the nomination of Gigi Sohn to 
serve as Commissioner of the FCC, as she is exactly the kind of leader 
we need at this watershed moment.
    Thank you in advance for your consideration.
            Sincerely,
                                    Christopher M. Shelton,
                                                         President.
Cc: Members of the U.S. Senate
                                 ______
                                 
                                     Goddard Law Office PLC
                                      Phoenix, AZ, January 14, 2022

Dear Senators Sinema and Kelly,

    I write to express my support for Gigi Sohn to become a 
commissioner at the Federal Communications Commission (FCC). Access to 
affordable, reliable communications services is crucial to Arizonans 
and Ms. Sohn has a distinguished career dedicated to advancing the 
availability and affordability of communications service so that we can 
all benefit from these transformational networks.
    Arizona needs a fully functional FCC to help close the digital 
divide, particularly acute in our state. In eight of Arizona's fifteen 
counties, more than two-thirds of households lack access to high-speed 
broadband. Low-income families, Native Americans, and people of color 
are disproportionately disconnected, compounding grave inequalities 
that were made worse during the pandemic.
    Broadband access is a significant problem for families living on 
reservations in Arizona. Tribes are some of the least connected 
communities in the United States, and eighteen percent of tribal 
reservation residents have no Internet access at home. The 22 federally 
recognized Tribes in Arizona face unique connectivity challenges at a 
time when broadband access has proven essential for distance learning, 
telehealth appointments, meetings over video platforms, connecting to 
remote work, and much more.
    For 20 years I served on the board of directors of the Benton 
Institute for Broadband & Society, a non-profit organization dedicated 
to ensuring that all people in the U.S. have access to competitive, 
High-Performance Broadband regardless of where they live or who they 
are. Benton believes communication policy-rooted in the values of 
access, equity, and diversity--has the power to deliver new 
opportunities and strengthen communities.
    Since 2018, Ms. Sohn has served as the Benton Senior Fellow and 
Public Advocate. She is one of the Nation's leading public advocates 
for open, affordable and democratic communications networks. For nearly 
thirty years, she has worked across the country, including Arizona, to 
defend and preserve the fundamental competition and innovation policies 
that have made broadband Internet access more ubiquitous, competitive, 
affordable, open and protective of user privacy.
    The FCC is tasked with working with Arizona and its representatives 
to get ubiquitous, affordable and reliable communications services to 
our citizens. Ms. Sohn would be a knowledgeable partner in helping 
Arizonans and the country meet this challenge. I urge you and your 
colleagues in the Senate to support her confirmation to be a 
commissioner. Arizona and our Nation cannot wait any longer to have a 
fully functioning Commission. The Agency's mission is too important.
            Sincerely,
                                             Terry Goddard.
                                 ______
                                 
                                              Pride at Work
                                   Washington, DC, January 18, 2022
Senator Maria Cantwell, Chair,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

Senator Roger Wicker, Ranking Member,
U.S. Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

Dear Chair Cantwell and Ranking Member Wicker,

    On behalf of Pride at Work, which represents LGBTQ+ union members 
and their allies, I write to strongly support Gigi Sohn for the role of 
Commissioner at the FCC and urge swift action on her nomination. Her 
meaningful leadership, dedication, and contributions cannot be 
overstated. She has been instrumental in the success of many FCC 
proceedings, including on competition, open internet, modernization of 
the Lifeline program, and adoption of strong privacy rules for 
broadband providers. Throughout her career, she has been a champion of 
workers and consumers.
    Gigi Sohn has over 30 years of experience working on communications 
policy and has been an advocate for affordable Internet access. She was 
a key ally of the labor movement in the fight to protect jobs during 
the T-Mobile/Sprint merger and supports efforts to hold broadband 
service providers accountable.
    Pride at Work seeks full equality for LGBTQ+ workers in our 
workplaces and unions and works towards creating a Labor Movement that 
cherishes diversity, encourages openness, and ensures safety and 
dignity. Sohn has been a dedicated supporter of fast, affordable, and 
reliable broadband for all people, including the LGBTQ+ community, 
which is crucial for bridging the digital divide and ensuring full 
participation in social, economic, and political life.
    Once confirmed, Gigi Sohn will be the first openly LGBTQ+ 
Commissioner of the FCC, and she will continue to be a staunch champion 
for workers and consumers. Sohn fully understands our complex 
telecommunications and media landscape, the importance of diversity and 
inclusion for all people, and will work diligently to ensure the views 
of the LGBTQ+ community are well represented in FCC decisions.
    Gigi Sohn's voice, experience, knowledge, and expertise are needed 
on the FCC as it tackles major issues in the years ahead. Hence, we 
urge you to act quickly to confirm Gigi Sohn.
            Sincerely,
                                              Jerame Davis,
                                                Executive Director.
                                 ______
                                 
                                      National Urban League
                                     New York, NY, January 24, 2022

Hon. Maria Cantwell,
Chair,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

Hon. Roger Wicker,
Ranking Member,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.

RE: The National Urban League's Support for Sohn FCC Nomination

Dear Chairwoman Cantwell and Ranking Member Wicker,

    As President and CEO of the National Urban League, and on behalf of 
its 91 affiliates in 37 states and the District of Columbia, I write to 
urge the committee to swiftly consider and work with Senate leadership 
to confirm Gigi B. Sohn to serve as a commissioner on the Federal 
Communications Commission (FCC). As an historic civil rights 
organization that is dedicated to economic empowerment in order to 
elevate the standard of living in historically underrepresented urban 
communities, the National Urban League supports Sohn's nomination and 
believes she will advance civil rights, digital equity, and economic 
empowerment for communities of color and other underserved communities.
    Our country continues to face stark disparities in the availability 
and adoption of broadband. The consequences of this digital divide have 
been amplified by the increased reliance on high-speed Internet access 
during the COVID-19 pandemic. Through our Lewis Latimer Plan for 
Digital Equity and Inclusion, the National Urban League has recommended 
that the FCC, the broader Biden-Harris Administration, and Congress 
address these issues through broadband buildout, an affordable 
broadband and devices benefit, digital education, improved utilization 
of the Internet for critical government services, and increased 
opportunities for communities of color to benefit from the economic 
prosperity of this digital age.\1\
---------------------------------------------------------------------------
    \1\ National Urban League, The Lewis Latimer Plan: A National Urban 
League Approach to Digital Equity, https://nul.org/program/lewis-
latimer-plan.
---------------------------------------------------------------------------
    If confirmed, Sohn's 30 years of experience on these issues at the 
Commission, as a former staff member and as an advocate and academic, 
will make her well-equipped to tackle these goals. Ms. Sohn has an 
exhibited commitment to equity that will benefit consumers and 
communities of color, as we seek to close the digital and economic 
divide. In particular, she has expressed interest in boosting media 
diversity and ownership, including through expansion of the broadcast 
incubator program beyond radio and via a reevaluation of the FCC's 
minority ownership rules as part of its 2022 Quadrennial Review.
    At a time when the United States has committed $65 billion to 
expanding affordable broadband access and programs, including the 
Affordable Connectivity Program, we need a full and active commission 
that is committed to ensuring that this funding is implemented 
equitably and with informed guidance from a broad range of 
stakeholders. The National Urban League sincerely urges you to advance 
Sohn's nomination quickly through the Senate.
    For more information, please contact Joi Chaney, Executive Director 
of the Washington Bureau and Senior Vice President for Policy and 
Advocacy at jchaney
@nul.org.
            Sincerely,
                                           Marc. H. Morial,
                             President and Chief Executive Officer,
                                                 National Urban League.
                                 ______
                                 
        The Leadership Conference on Civil and Human Rights
                                   Washington, DC, February 1, 2022
                 SUPPORT SWIFT CONFIRMATION OF SOHN TO
                  TO FEDERAL COMMUNICATIONS COMMISSION
                 AND BEDOYA TO FEDERAL TRADE COMMISSION
Dear Majority Leader Schumer and Commerce Committee Chair Cantwell:

    On behalf of The Leadership Conference on Civil and Human Rights, a 
coalition charged by its diverse membership of more than 230 national 
organizations to promote and protect the rights of all persons in the 
United States, and UnidosUS, the Nation's largest Latino civil rights 
and advocacy organization, we write to convey our strong support for 
confirmation of Gigi B. Sohn and Alvaro M. Bedoya to serve as 
commissioners, respectively, of the Federal Communications Commission 
(FCC) and Federal Trade Commission (FTC). We urge the Senate Committee 
on Commerce, Science and Transportation to quickly report both 
nominations to the full Senate favorably and the Senate to promptly 
confirm both nominees.
    Our coalition is committed to ensuring that media, 
telecommunications, competition, consumer protection, and privacy 
policy affirms and extends our Nation's longstanding commitment to 
civil rights. Both the FCC and FTC have been operating without a full 
complement of commissioners since the start of the Biden/Harris 
administration. The need for swift action on these nominations is 
therefore critical as further delay will harm implementation of key 
civil rights priorities.
    The FCC is currently implementing key provisions of the 
Infrastructure Investment and Jobs Act, including the new Affordable 
Connectivity Program, as well as the directive to prohibit digital 
discrimination. To ensure our Nation's broadcasting industry is 
diverse, competitive and serves local communities, the FCC must act 
quickly to complete the 2018 Quadrennial Review and initiate and 
complete the 2022 Quadrennial Review in a timely manner. The FCC must 
also take further steps to address the dysfunctional market and unjust 
practices in incarcerated communications and implement Congress' 
directive to collect equal employment opportunity data in broadcasting.
    The FTC's responsibility to protect and enhance competition and 
consumer protection is particularly important as much of our economy 
moves online. With a full complement of commissioners, the FTC can 
better enforce existing law against online discrimination based on 
protected characteristics with respect to housing, access to credit, 
education, employment, and public accommodations; enforce unfair and 
deceptive practices in the data economy; and provide for algorithmic 
transparency and fairness in automated decisions.
    Both Ms. Sohn and Professor Bedoya are exemplary nominees for their 
respective positions and should be swiftly confirmed. Throughout her 
career, Ms. Sohn has dedicated herself to the public interest, whether 
through her service on the Presidential Advisory Commission on the 
Public Interest Obligations of Digital Television Broadcasters, her 
advocacy for policies that promote diversity and competition in the 
non-profit sector, or her time at the FCC as a senior counselor to the 
chairman. An influential scholar focused on the principle that privacy 
is a civil right, Professor Bedoya is exactly the leader our country 
needs right now at the FTC to address the many issues relating to 
technology that marginalized communities face. He was notably one of 
the first to warn of the risks of facial recognition technology, 
including by comprehensively pointing out the technology's biases with 
race, gender, and age. The Leadership Conference also worked closely 
with Professor Bedoya in urging Google to ban online ads for predatory 
payday loans, which the company ultimately did.
    Both nominees have shown they will establish a collaborative 
process and dialogue with the civil rights community as well as consult 
with the community members who are often left out of FCC and FTC 
deliberations, including people of color, people with disabilities, 
low-income communities, immigrants, incarcerated individuals, and other 
marginalized communities. In addition, both nominees would bring 
diversity to their respective institutions. If confirmed, Ms. Sohn 
would be the commission's first openly LGBTQ commissioner. As a 
naturalized citizen born in Peru, Professor Bedoya would be one of the 
few Latinos to serve as commissioner on the FTC.
    Ms. Sohn and Professor Bedoya are highly qualified, possess deep 
knowledge of the challenges faced by disadvantaged populations, and 
have a demonstrated commitment to collaboration with civil rights 
stakeholders. The civil rights agenda at the FCC and FTC requires 
rapid, focused attention. For these reasons, the Senate Committee on 
Commerce, Science and Transportation should move quickly to report 
these nominees favorably to the full Senate and the Senate should 
swiftly confirm them. Should you have any questions, please contact 
Leadership Conference Media/Telecommunications Task Force Co-Chair 
Cheryl Leanza, United Church of Christ Media Justice Ministry, at 
[email protected], or Anita Banerji, Leadership Conference Media/Tech 
Senior Program Director at [email protected] or Bertram Lee, Jr., 
Media/Tech Counsel, at [email protected].
            Sincerely,
                                            Wade Henderson,
                                         Interim President and CEO.
                                             Janet Murguia,
                                       President and CEO, UnidosUS.
                                 ______
                                 
        The Leadership Conference on Civil and Human Rights
                                   Washington, DC, February 7, 2022
                   SUPPORT SWIFT CONFIRMATION OF SOHN
                  TO FEDERAL COMMUNICATIONS COMMISSION
                 AND BEDOYA TO FEDERAL TRADE COMMISSION
Dear Majority Leader Schumer and Commerce Committee Chair Cantwell:

    On behalf of The Leadership Conference on Civil and Human Rights, a 
coalition charged by its diverse membership of more than 230 national 
organizations to promote and protect the rights of all persons in the 
United States, UnidosUS, the Nation's largest Latino civil rights and 
advocacy organization, and the National Urban League, a historic civil 
rights organization dedicated to economic empowerment in order to 
elevate the standard of living in historically underserved urban 
communities, we write to convey our strong support for confirmation of 
Gigi B. Sohn and Alvaro M. Bedoya to serve as commissioners, 
respectively, of the Federal Communications Commission (FCC) and 
Federal Trade Commission (FTC). We urge the Senate Committee on 
Commerce, Science and Transportation to quickly report both nominations 
to the full Senate favorably and the Senate to promptly confirm both 
nominees.
    Our coalition is committed to ensuring that media, 
telecommunications, competition, consumer protection, and privacy 
policy affirms and extends our Nation's longstanding commitment to 
civil rights. Both the FCC and FTC have been operating without a full 
complement of commissioners since the start of the Biden/Harris 
administration. The need for swift action on these nominations is 
therefore critical as further delay will harm implementation of key 
civil rights priorities.
    The FCC is currently implementing key provisions of the 
Infrastructure Investment and Jobs Act, including the new Affordable 
Connectivity Program, as well as the directive to prohibit digital 
discrimination. To ensure our Nation's broadcasting industry is 
diverse, competitive and serves local communities, the FCC must act 
quickly to complete the 2018 Quadrennial Review and initiate and 
complete the 2022 Quadrennial Review in a timely manner. The FCC must 
also take further steps to address the dysfunctional market and unjust 
practices in incarcerated communications and implement Congress' 
directive to collect equal employment opportunity data in broadcasting.
    The FTC's responsibility to protect and enhance competition and 
consumer protection is particularly important as much of our economy 
moves online. With a full complement of commissioners, the FTC can 
better enforce existing law against online discrimination based on 
protected characteristics with respect to housing, access to credit, 
education, employment, and public accommodations; enforce unfair and 
deceptive practices in the data economy; and provide for algorithmic 
transparency and fairness in automated decisions.
    Both Ms. Sohn and Professor Bedoya are exemplary nominees for their 
respective positions and should be swiftly confirmed. Throughout her 
career, Ms. Sohn has dedicated herself to the public interest, whether 
through her service on the Presidential Advisory Commission on the 
Public Interest Obligations of Digital Television Broadcasters, her 
advocacy for policies that promote diversity and competition in the 
non-profit sector, or her time at the FCC as a senior counselor to the 
chairman. An influential scholar focused on the principle that privacy 
is a civil right, Professor Bedoya is exactly the leader our country 
needs right now at the FTC to address the many issues relating to 
technology that marginalized communities face. He was notably one of 
the first to warn of the risks of facial recognition technology, 
including by comprehensively pointing out the technology's biases with 
race, gender, and age. The Leadership Conference also worked closely 
with Professor Bedoya in urging Google to ban online ads for predatory 
payday loans, which the company ultimately did.
    Both nominees have shown they will establish a collaborative 
process and dialogue with the civil rights community as well as consult 
with the community members who are often left out of FCC and FTC 
deliberations, including people of color, people with disabilities, 
low-income communities, immigrants, incarcerated individuals, and other 
marginalized communities. In addition, both nominees would bring 
diversity to their respective institutions. If confirmed, Ms. Sohn 
would be the commission's first openly LGBTQ commissioner. As a 
naturalized citizen born in Peru, Professor Bedoya would be one of the 
few Latinos to serve as commissioner on the FTC.
    Ms. Sohn and Professor Bedoya are highly qualified, possess deep 
knowledge of the challenges faced by disadvantaged populations, and 
have a demonstrated commitment to collaboration with civil rights 
stakeholders. The civil rights agenda at the FCC and FTC requires 
rapid, focused attention. For these reasons, the Senate Committee on 
Commerce, Science and Transportation should move quickly to report 
these nominees favorably to the full Senate and the Senate should 
swiftly confirm them. Should you have any questions, please contact 
Leadership Conference Media/Telecommunications Task Force Co-Chair 
Cheryl Leanza, United Church of Christ Media Justice Ministry, at 
[email protected], or Anita Banerji, Leadership Conference Media/Tech 
Senior Program Director at [email protected] or Bertram Lee, Jr., 
Media/Tech Counsel, at [email protected].
            Sincerely,
                                            Wade Henderson,
                                         Interim President and CEO.
                                             Janet Murguia,
                                                 President and CEO,
                                                              UnidosUS.
                                               Marc Morial,
                                                 President and CEO,
                                                 National Urban League.
                                 ______
                                 
                                      Boulder Thinking, LLC
                                    Lafayette, CO, February 7, 2022

Hon. Maria Cantwell,
Chairperson, Committee On Commerce, Science & Transportation,
United States Senate.

Hon. 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.
CC: All Members Of The Committee
                                 ______
                                 
                              Writers Guild of America West
                                     Los Angeles, CA, March 2, 2022

Hon. Charles Schumer,
Senate Majority Leader,
Washington, DC.

Hon. Maria Cantwell,
Chair, Senate Committee on Commerce, Science and Transportation,
Washington, DC.

Hon. Mitch McConnell,
Senate Minority Leader,
Washington, DC.

Hon. Roger Wicker,
Ranking Member on Commerce, Science and Transportation,
Washington, DC.

Dear Majority Leader Schumer, Minority Leader McConnell, Chairwoman 
            Cantwell, and Ranking Member Wicker:

    The Writers Guild of America West (WGAW) supports the expeditious 
confirmation of Gigi Sohn to the Federal Communications Commission 
(FCC). The WGAW represents more than 10,000 members who write nearly 
all the scripted content for television, movie theaters and streaming 
services that entertain and inform audiences.
    For more than ten years, WGAW has been a vocal advocate of the open 
Internet and for decades prior our organization fought for competition 
in media and against harmful consolidation that limits ideas and 
opportunities. The open Internet has created new buyers for the content 
writers create, lowered barriers to entry, and permitted content to 
bypass traditional media gatekeepers. With every major media and tech 
company investing billions to grow streaming video services that 
already count hundreds of millions of subscribers globally, the open 
Internet's success in establishing a legal and lucrative online video 
market is unequivocal.
    Ms. Sohn's 30-year career demonstrates her commitment to policies 
that promote a competitive media market that benefits creators and 
consumers. She has focused on keeping the Internet free and open for 
content creators, promoting diversity of voices on all communication 
platforms, and standing up against corporate media consolidation. Her 
record demonstrates that she is willing to take on the largest ISPs, 
who wield gatekeeper power while also controlling the cable market for 
content distribution, and whose history of monopoly abuses threaten 
competition in the market for writers' content.
    The WGAW strongly supports FCC Chairwoman Rosenworcel's commitment 
to the restoration of the FCC's authority to oversee the ISP industry 
to protect the interests of consumers and content creators. However, 
her commitment will ring hollow so long as the FCC remains deadlocked 
without Ms. Sohn.
            Sincerely,
                                               David Young,
                                                Executive Director.
                                 ______
                                 
                                          The Navajo Nation
                                    Window Rock, AZ, April 19, 2022

Hon. Kyrsten Sinema,
United States Senate,
Washington, DC.
Hon. Mark Kelly,
United States Senate,
Washington, DC.

RE: Support for Gigi Sohn as Commissioner

Dear Senators Sinema and Kelly:

    As President of the Navajo Nation, I write today to express our 
support for a fully functioning Federal Communications Commission (FCC) 
and our support of President Biden's nomination of Gigi Sohn to be a 
Commissioner at this agency which is so important to the cultural, 
educational, and economic, development of our community as we seek to 
ensure access to broadband across our reservation.
    As you are keenly aware, access to broadband on Tribal lands lags 
well below the national average and, our Tribal communities are the 
least-served communities in the Nation. As I testified before Congress 
last year, over half of our 110 Navajo communities lack access to any 
broadband. I emphasized that the Navajo Nation needs ubiquitous 
broadband along with reliable power and water to preserve our cultural 
heritage and traditions and sustain the Navajo Nation. Connectivity is 
how education, business, and other initiatives are promoted and 
sustained in the world we live in and high-speed broadband is critical. 
To have far-reaching broadband deployment and availability across the 
Nation will require governmental incentives and subsidies to the 
private carriers.
    I appreciate the efforts by Congress to provide Tribally-specific 
funding in the recently passed Infrastructure Investment and Jobs Act, 
and specifically your leadership in advancing this important 
legislation. But more will need to be done and the place charged with 
accomplishing the mission of ensuring all Americans have access to 
broadband is the FCC. For that reason, it is important that we ensure 
it is a fully functioning FCC, equipped with all five commissioners to 
make the critical decisions that lie ahead, such as broadband mapping, 
long term funding through universal service, spectrum access on Tribal 
lands, and other important missions of the agency.
    The FCC plays a critical role and President Biden's nominee, Gigi 
Sohn, will be an excellent champion for the needs of our Nation's 
Tribal communities. As an advocate, Ms. Sohn has sought to ensure 
ubiquitous access to broadband and has visited Tribal communities in 
Arizona to get a first-hand perspective on the challenges we face in 
obtaining access. She has been a tireless advocate for ensuring that 
broadband is affordable, promoting the need for programs, such as the 
Emergency Broadband Benefit Program and its successor, the Affordable 
Connectivity Program--both designed to help low-income families get 
access to broadband once it is available. She has also recognized the 
need to empower Tribal residents with self-determination, promoting 
greater access to spectrum for Tribal communities and more funding for 
building out broadband on Tribal lands. In short, Ms. Sohn represents 
exactly what is needed in a commissioner to the FCC. She is a person 
that deeply cares about marginalized communities like ours, and beyond 
caring, she wants to make certain our Nation's policies are working to 
correct these disparities. I firmly believe that her values, her 
understanding, and her commitment to getting things done will be an 
asset that will yield substantial dividends in making the FCC's 
policies more reflective of the needs of our Navajo Nation and the 
Nation as a whole.
    We thank you for the opportunity to weigh in on this important 
legislation and look forward to working with your offices in the 
future. Should you or your staff have any questions, please contact 
Maxine Hillary, Acting Executive Director of the Navajo Nation 
Washington Office, at (202) 763-4890 or by e-mail at mhillary
@nnwo.org. Ahehee' and thank you.
            Sincerely,
                                              Jonathan Nez,
                                                         President,
                                                     The Navajo Nation.
                                               Myron Lizer,
                                                    Vice President,
                                                     The Navajo Nation.
                                 ______
                                 
             National Tribal Telecommunications Association
                                                     April 27, 2022

Senator Ben Ray Lujan,
United States Senate,
Washington, DC.

Dear Senator Lujan:

    The National Tribal Telecommunications Association (NTTA) wishes to 
express its support for the nomination of Gigi Sohn to the Federal 
Communications Commission (FCC).
    NTTA consists of Tribally-owned communications companies serving 
Tribal communities in Arizona, New Mexico, Oregon, South Dakota, Idaho, 
and Montana. Our communications and broadband providers include 
Cheyenne River Sioux Telephone Authority, Fort Mojave 
Telecommunications, Inc., Gila River Telecommunications, Inc., Hopi 
Telecommunications, Inc., Mescalero Apache Telecom, Inc., Saddleback 
Communications, San Carlos Apache Telecommunications Utility, Inc., 
Siyeh Communications, Tohono O'odham Utility Authority, and Warm 
Springs Telecom, Nez Perce Tribe, Sacred Wind Communications as well as 
associate members Alaska Tribal Broadband and Spokane Tribe Telecom 
Exchange. NTTA's mission is to be the national advocate for 
telecommunications service on behalf of its member companies and to 
provide guidance and assistance to members who are working to provide 
modern telecommunications services to Tribal lands.
    As you are aware, Tribal communities are the least-served in the 
country and face real affordability issues when broadband service is 
available. Ms. Sohn has previously made certain that she learned of the 
challenges faced on Tribal lands. She spent time learning directly from 
Tribal governments about their needs and visited some of our member 
companies' Reservations, including the Gila River Indian Community, to 
see first-hand what those challenges looked like. She took that 
knowledge and experience back to the FCC to help inform its 
proceedings.
    Ms. Sohn is a long-time advocate for rural broadband who 
understands the importance of affordable and robust communications 
services for all communities, including those in Indian Country. 
Confirming Ms. Sohn to the FCC will help Tribal and other rural areas 
of the United States realize the promise of equal access to broadband 
services and all that these services entail.
    Please feel free to call on us for further information or any 
assistance you may need.
            Sincerely,
                                            Godfrey Enjady,
                                                         President.
                                 ______
                                 
    CALinnovates: How Gigi Sohn's Nomination to the FCC Went From 
Concerning--To Fully Corrupt 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.
    Gigi Sohn should not be confirmed to the FCC. My organization, 
CALinnovates, published a piece today on why, which concludes with the 
most pertinent point: ``This FCC Commission seat should be filled by a 
regulator who can actually regulate.''
    Thank you for your interest in this pressing matter.
            Sincerely,
                                           Mike Montgomery,
                                                Executive Director,
                                                          CALinnovates.
                                 ______
                                 
                                   U.S. Chamber of Commerce
                                      Washington, DC, March 1, 2022

Hon. Maria Cantwell,
Chair,
Committee on Commerce, Science, and Transportation,
United States Senate,
Washington, DC.
Hon. Roger Wicker,
Ranking Member,
Committee on Commerce, Science, and Transportation
United States Senate,
Washington, DC.

Dear Chair Cantwell and Ranking Member Wicker:

    The U.S. Chamber of Commerce opposes the nomination of Gigi Sohn to 
serve as a Commissioner of the Federal Communications Commission (FCC) 
due to her longtime advocacy of overly aggressive and combative 
regulation of the communications sector. The Chamber strongly believes 
that effective, durable policies to connect Americans must be developed 
in a consensus-building, bipartisan manner, and the Chamber has 
supported many of President Biden's nominees, including Ms. Jessica 
Rosenworcel's nomination as FCC chair. However, we believe that, if 
confirmed, Ms. Sohn would make achieving such consensus difficult 
because of her extreme views on issues on regulating broadband like a 
public utility, undermining intellectual property protections, and 
pursuing an agenda that would stifle competition.
    Ms. Sohn is one of the leading advocates for policies that amount 
to regulatory overreach in the broadband market. She was a strong 
supporter of the 2015 Open Internet Order which regulated broadband 
like a public utility under Title II of the Communications Act. This 
policy led to the decline in private sector broadband investment for 
the first time outside a national economic slowdown. Not only would Ms. 
Sohn like a return to this policy, she argued to take things a step 
further in an October 2020 ``plan for action'' in which broadband 
service would be subject to even further requirements under Title II 
such as service fees, which could lead to an even greater reduction in 
privacy sector investment and impose greater costs on consumers. At a 
time when America seeks to connect all Americans, it should remove 
regulatory barriers--not add to them.
    Another alarming position Ms. Sohn has taken is her extensive 
advocacy for government-owned networks.\1\ The U.S. private-sector 
broadband industry is what enabled the United States to endure capacity 
shifts during the COVID-19 pandemic. It would be a mistake to embrace a 
public option for broadband as opposed to focusing on private sectors 
providers who have helped the United States lead the world in quality 
and resilience.
---------------------------------------------------------------------------
    \1\ Empowering and Connecting Communities through Digital Equity 
and Internet Adoption Before the Subcomm. on Commc'n and Tech. of the 
H. Comm. on Energy and Com., 116th Cong. 7-8 (2020) (statement of Gigi 
Sohn, Senior Fellow and Public Advocate, Benton Institute for Broadband 
& Society
---------------------------------------------------------------------------
    Also, Ms. Sohn's record is alarming on the issue of intellectual 
property, a cornerstone of America's free enterprise system, as 
evidenced by positions she has taken on several issues, including the 
2016 proposed set-top box rule. FCC needs a commissioner fully 
committed to ensuring creators and innovators can continue to flourish 
and their important intellectual property rights are protected.
    At a time when the Biden Administration is launching an unwarranted 
and unjustified campaign against the business community through Federal 
regulators, Ms. Sohn's track record and her views on competition would 
create unnecessary obstacles to crafting effective, durable policies to 
ensure all Americans are connected. Ms. Sohn would make this situation 
worse at FCC. She has asserted that broadband is ``the tech antitrust 
problem no one is talking about, and has lauded the contents of 
Executive Order on Promoting Competition in the American Economy, which 
encourages FCC to pursue actions related to competition policy and 
chips away at the independence of independent regulatory agencies, like 
the FCC.\2\
---------------------------------------------------------------------------
    \2\ See Dan Bosch, Competition EO Further Blurs Independence of 
Agencies, AMERICAN ACTION FORUM (July 9, 2021), https://
www.americanactionforum.org/insight/competition-eo-further-blurs-
independence-of-agencies/.
---------------------------------------------------------------------------
    We believe FCC would be well served by another nominee. The Chamber 
opposes Ms. Sohn's nomination.
            Sincerely,
                                              Neil Bradley,
                     Executive Vice President, Chief Policy Officer
                                    and Head of Strategic Advocacy,
                                              U.S. Chamber of Commerce.
cc: Members of the Senate Committee on Commerce, Science, and 
Transportation
                                 ______
                                 
                                 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
                                 
                                 
                                 ______
                                 
Hon. Chuck Schumer,
Senate Majority Leader,
Washington, DC.

Hon. Maria Cantwell,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

Hon. Mitch McConnell,
Senate Minority Leader,
Washington, DC.

Hon. Roger Wicker,
Senate Committee on Commerce, Science, and Transportation,
Washington, DC.

November 16, 2021

Dear Senate Majority Leader Schumer, Minority Leader McConnell, Chair 
            Cantwell and Ranking Member Wicker,

    We are writing to urge the swift and concurrent confirmation of 
Jessica Rosenworcel and Gigi Sohn for the Federal Communications 
Commission and Alan Davidson for the National Telecommunications and 
Information Administration. These agencies urgently need Senate-
confirmed leaders to address the critical need for affordable and 
resilient access to the open Internet in the midst of a global pandemic 
and worsening climate crisis. Through bipartisan infrastructure 
legislation, Congress has given these agencies enormous tasks on tight 
deadlines. These exceptional nominees' appointments so late in the year 
means there can be no delay in confirming them and getting started in 
earnest on all of that urgent work.
    These three nominees each bring decades of experience, a commitment 
to the public interest, and the skills necessary to fulfill the 
missions of these agencies.
    Jessica Rosenworcel's tenure at the FCC makes her an exceptional 
pick for FCC Chair. She is a respected and principled advocate with a 
proven record of fighting for the public interest. She has long 
championed efforts to ensure everyone in America, particularly 
schoolchildren, have affordable and reliable high-speed broadband to 
provide them with the tools they need for a successful future. 
Chairwoman Rosenworcel's efforts to close the ``homework gap'' embody 
that commitment. As Acting Chair, she quickly and successfully launched 
the Emergency Broadband Benefit, a program that is now helping millions 
of Americans afford access to the internet.
    For over 30 years, Gigi Sohn's priority has been ensuring that 
modern communications networks are available to everybody, regardless 
of who they are or where they live. Her life's work has embodied the 
standard on which the FCC bases its decisions: the public interest. She 
served as a top aide to FCC Chairman Tom Wheeler and helped found and 
lead a non-profit focused on promoting an open and competitive 
communications and technology market. She has a proven record of 
bringing together varied stakeholders, including public interest 
advocates and companies, in bipartisan coalitions to fight for 
equitable broadband policies, consumer protections, competition and the 
open internet.
    Alan Davidson has over 20 years of experience in government, 
industry and public interest advocacy, making him an ideal candidate to 
take up the interagency work of the NTIA, and to guide not only NTIA's 
existing spectrum allocation and broadband policy work, but also its 
greatly increased grantmaking and coordinating role in implementation 
of the bipartisan infrastructure bill's broadband funding provisions.
    Even before the pandemic struck over 21 months ago, 2019 Census 
data showed that nearly 80 million people in the U.S. did not have 
adequate broadband at home.\1\ According to that data, poor families 
and people of color are disproportionately disconnected--only 48 
percent of low-income households had a fixed broadband connection at 
that time, and 13 million Black people, 18 million Latinx people and 
1.3 million Indigenous people lacked this kind of adequate home 
connectivity.\2\ Digital divide indicators like education and income 
disparities demonstrate that many Asian American and Pacific Islander 
(AAPI) communities and ethnic groups are also disproportionately 
impacted, and some AAPI communities and individuals with reduced 
English proficiency levels may adopt broadband at lower rates than the 
national average.\3\
---------------------------------------------------------------------------
    \1\ See Comments of Free Press, FCC GN Docket No. 20-269, at 4 
(filed Sept. 18, 2020), https://www.freepress.net/sites/default/files/
2020-09/free_press_2020_section_706_inquiry
_comments.pdf.
    \2\ See id.
    \3\ See Asian Americans Advancing Justice, Telecommunications and 
Technology Fact Sheet, https://advancingjustice-aajc.org/sites/default/
files/2020-02/Lifeline%20Backgrounder.pdf.
---------------------------------------------------------------------------
    At the same time communities across the country are facing more 
frequent extreme weather events due to the climate crisis, and those 
events are taking down crucial communications infrastructure on an 
increasingly regular basis.
    And while Congress passed historic legislation to address broadband 
affordability and accessibility for both urban and rural communities in 
the midst of the pandemic, the FCC and NTIA's ability to administer 
these Congressional directives--as well as their ability to promote 
affordability, competition, privacy, sound spectrum policy, and network 
resiliency along with other consumer protections using existing 
authorities--has been limited by the deadlocked FCC and the lack of an 
Assistant Secretary at NTIA.
    Any delay in confirming all three of these nominees will stall 
progress on achieving those goals and ensuring that everyone in the 
United States is able to access robust, affordable high-speed internet.
    We urge you to confirm these three public-interest champions before 
the Senate recesses at the end of the year. Thank you for your 
attention to this urgent matter.
            Sincerely,

18 Million Rising
Access Humboldt
Akaku Maui Community Media
Alliance for Community Media
American Library Association
Appalshop Community Media Initiative
Benton Institute for Broadband & Society
Branford Community Television
California Center for Rural Policy
California Clean Money Campaign
Capital Community Media
CATS Community Access Television Services
Center for Accessible Technology
City of New Bedford Cable Access--New Bedford, MA
Color of Change
Common Sense
Communications Workers of America
Communities Closing the Urban Digital Divide
Community Media Access Collaborative
Decode Democracy
Demand Progress Education Fund
Democracy for America
Derry Community Access Media
Duluth Public Access Community Television
Electronic Frontier Foundation
Engine
FC Public Media
Fight for the Future
Free Press Action
Friends of the Earth
Granby Community Access and Media, Inc.
The Greenlining Institute
Greenpeace USA
Hawaii Consumers
Illinois for Educational Equity
Indivisible Sacramento
Institute for Local Self-Reliance
Libraries Without Borders U.S.
Local TV, inc
Lynn Community Television
Massachusetts Community Media dba MassAccess
Media Alliance
Media, Inequality & Change Center
MediaJustice
Melrose Massachusetts Television
Movement Alliance Project
Mozilla Foundation
National Association of the Deaf
National Consumers League
Native Public Media
The New Hampshire Coalition for Community Media
Newark for Educational Equity & Diversity
North Shore TV
NTEN
OD Action
The OMNI Centre for Public Media, Inc.
OMNI Productions
Open MIC (Open Media and Information Companies Initiative)
Open Technology Institute
OpenMedia
Orion Neighborhood Television (ONTV)
The Other 98 percent
Our Revolution
PhillyCAM Presente.org
Progress America
Public Knowledge
Revolving Door Project
RootsAction.org
Salem Community Television, Salem NH
Salina Media Connection; Community Access TV of Salina, Inc.,
San Diego Futures Foundation
Tahoe Truckee Media
Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI)
TURN--The Utility Reform Network
United Church of Christ Media Justice Ministry
Valley Shore Community Television Inc.
Western New York Library Resources Council
Winchester Community Access & Media, Inc.
Writers Guild of America West
X-Lab
                                 ______
                                 
                                                  November 29, 2021
Hon. Maria Cantwell,
United States Senator,
Washington, DC.

Hon. Roger Wicker,
United States Senator,
Washington, DC.

Dear Chairwoman Cantwell and Ranking Member Wicker,

    As computer scientists, engineers and technology policy scholars, 
we write in strong support of Alan Davidson's swift confirmation as 
NTIA Administrator and Assistant Secretary of Commerce for 
Communications and Information. At this pivotal moment in time, when 
Congress has given NTIA critical new responsibilities for advancing 
America's technological leadership, it is vital that we have the kind 
of seasoned leadership and broad technical expertise that Alan Davidson 
will bring to these urgent challenges.
    Not only is the NTIA Administrator the principal advisor to the 
President on Internet and telecommunications policy, the Administrator 
is also charged with helping achieve Congress's goal of extending 
broadband to all Americans by overseeing the implementation of the $48 
billion in American broadband recently enacted by Congress as part of 
the Infrastructure Investment and Jobs Act.
    Alan has proven experience leading organizations in the public and 
private sector for more than two decades, with a unique blend of 
government and non-profit executive experience, and a successful track 
record in building and managing teams in the commercial marketplace. 
Alan has degrees in mathematics, computer science and technology policy 
from MIT and Yale Law School. He started his career building computer 
systems for the International Space Station at a time when dial-up 
Internet access was considered cutting-edge and when ``the Internet'' 
was largely a curiosity. During his decade at the nonprofit Center for 
Democracy and Technology, he worked fiercely to ensure the Internet 
evolved as a resource for all Americans based on freedom and 
constitutional values. Then, Alan opened Google's first Washington 
office, where he built and led the company's public policy and 
government relations efforts in North and South America. Alan led Open 
Technology Institute to advance broadband access for all Americans. He 
served as the Commerce Department's first Director of Digital Economy 
under President Obama. Most recently, Alan joined the executive team at 
Mozilla, leading policy and privacy efforts for one of the Internet's 
most trusted companies.
    Today's Internet faces a list of increasingly important challenges 
that include threats to security, privacy, and the openness of the 
Internet around the world. Alan's deep technical knowledge, public 
policy expertise and a reservoir of trust across ideological lines is 
all just what the country needs to assure that the Internet and digital 
ecosystem flourishes based on values of openness, innovation and 
democratic principles.
            Sincerely,

**Institutional affiliations for identification purposes only**

Harold Abelson                       Susan Landau
Professor, Department of Electrical  Bridge Professor in Cyber Security
 Engineering and Computer Science     and Policy
Massachusetts Institute of           Fletcher School of Law & Diplomacy
 Technology                           and School of Engineering
                                     Tufts University
Matt Blaze                           Deirdre Mulligan
McDevitt Professor of Computer       Professor, School of Information
 Science and Law                     Berkeley Center for Law &
Georgetown University                 Technology,
                                     University of California Berkeley
L. Jean Camp                         Daniel J. Weitzner
Professor of Informatics & Computer  3Com Founders Principal Research
 Science                              Scientist
Indiana University                   Computer Science and Artificial
                                      Intelligence Lab
                                     Massachusetts Institute of
                                      Technology
Vint Cerf                            Josephine Wolff
Internet Pioneer                     Associate Professor of
                                      Cybersecurity Policy
                                     Fletcher School of Law and
                                      Diplomacy
                                     Tufts University
David D. Clark
Senior Research Scientist
MIT CSAIL Advanced Network
 Architecture Group
Massachusetts Institute of
 Technology
Lorrie Cranor
Bosch Distinguished Professor in
 Security and Privacy Technologies
 and
FORE Systems Professor of Computer
 Science and of Engineering &
 Public Policy
Carnegie Mellon University
 
Stephen D. Crocker
President, Edgemoor Research
 Institute
 
Joan Feigenbaum
Grace Murray Hopper Professor of
 Computer Science
Yale University
 

                                 ______
                                 
                                                  November 30, 2021
Hon. Maria Cantwell,
United States Senator,
Washington, DC.

Hon. Roger Wicker,
United States Senator,
Washington, DC.

Dear Senator Cantwell & Senator Wicker,

    We represent a cross section of top Asian American Pacific Islander 
(AAPI) business leaders, thousands of minority owned business owners/
entrepreneurs and small business advocates from across the United 
States. Our mission is to advocate and promote a new generation of 
leadership that understands the lived experiences of the AAPI & 
minority business community. Due to the pandemic we have directly faced 
the hardships of thousands of targeted Asian Hate crimes and a gaping 
digital divide that has challenged our fragile economic landscape in 
minority-underserved communities all across America,
    We are writing to ask for your support of Alan Davidson's 
confirmation as the next Assistant Secretary for the United States 
Department of Commerce National Telecommunication and Information 
Administration (NTIA). Now that the President has signed the 
Infrastructure Investment and Jobs Act, it is time to start executing 
on the $48 billion in broadband funding included in the bill to close 
the digital divide that has negatively impacted the Nation's 
underserved communities.
    We are supporting Mr. Davidson because he is solutions-oriented, 
brings the highest degree of integrity, and has an unwavering 
commitment to building an economy with equitable innovative 
opportunities for all communities. Mr. Davidson is a technologist who 
has proven experience leading organizations in the public and private 
sector, and advocating for the public interest for more than two 
decades. He will use his unique blend of government and non-profit 
executive experience, and a successful track record in building and 
managing teams to ensure this mission of NTIA is carried out in an 
equitable manner.
    Most importantly, he is committed to closing the Digital Divide and 
will make this a priority at NTIA, as this is a once-in-a generation 
opportunity. Broadband Internet is now a critical part of everyday 
American life. As the pandemic made clear, people of color in 
underserved communities need broadband to work, learn, and to connect, 
yet many communities of color are still without affordable, high-speed 
broadband access. NTIA now stands at the center of this critical 
opportunity to close the digital divide, increase broadband access/
adoption, and connect all Americans securely, which will be all of 
Alan's top priorities. Without an equalized secure telecommunications 
and broadband network that serves all communities, America cannot 
achieve it's full potential in this competitive global economy.
    We urge you to confirm Alan Davidson as the next Assistant 
Secretary of the NTIA as soon as possible.
    Thank you for your consideration,
                                              Ying McGuire,
                           Co-Chair, National AAPI Business Leaders
                                          Business Council and CEO,
                        National Minority Supplier Development Council.

                                              Chiling Tong,
                                                 CEO and President,
                                          National ACE, Washington D.C.

                                            Jimmy Ferguson,
                                                          Co-Chair,
                       Texas AAPI Business Leaders Council, Austin, TX.
                                 ______
                                 
                                   U.S. Chamber of Commerce
                                  Washington, DC, December 14, 2021

TO THE MEMBERS OF THE UNITED STATES SENATE:

    The U.S. Chamber of Commerce supports the nomination of Alan 
Davidson to serve as Assistant Secretary of Commerce for Communications 
and Information and Administrator of the National Telecommunications 
and Information Administration (NTIA).
    Mr. Davidson is a well-qualified nominee with extensive experience 
in technology and information both at the policy and practitioner 
level. He has also served in a diverse variety of positions including 
at the Department of Commerce, public interest organizations, and in 
the private sector.
    NTIA serves as the President's primary advisor on 
telecommunications and information policy issues, and focuses on 
critical issues to the business community including spectrum 
management, broadband, cybersecurity, 5G security, and privacy. 
Confirmation of a qualified and permanent Assistant Secretary is 
essential to ensure the effective execution of NTIA's responsibilities 
and to provide for continued U.S. global leadership in technology.
    The Chamber looks forward to working with Mr. Davidson. We urge the 
Senate to confirm his nomination expeditiously.
            Sincerely,
                                           Neil L. Bradley,
                     Executive Vice President, Chief Policy Officer
                                    and Head of Strategic Advocacy,
                                              U.S. Chamber of Commerce.
                                 ______
                                 
                                                   January 30, 2022
               Letter of Recommendation for Viquar Ahmad
To Whom It May Concern:

    We are honored to submit this letter of reference in support of 
Viquar Ahmad's nomination for the Assistant Secretary for 
Administration and Chief Financial Officer of the U.S. Department of 
Commerce. We have known Viquar for several years when he was our 
immediate supervisor at our respective place of employment-the U.S. 
House of Representatives and the U.S. Department of Homeland Security. 
He is talented and hard-working, has a clear vision and knows how to 
execute it, is always available and supportive, decisive, and sets a 
high standard for himself and the staff. Simply put: his efforts and 
leadership had a positive impact, and he left our organizations in a 
better place because of our collaboration.
    Viquar stepped into his role as the Deputy Chief Financial Officer 
at the U.S. House of Representatives during a particularly challenging 
time. Prior to his arrival, an outside assessment of the Office of 
Finance was done with recommendations for substantial changes. He was 
unfazed by the magnitude of task at hand and understood the concerns 
and hesitancy around change. Viquar spent time getting to know staff in 
group meetings and one-on-one discussions. He communicated the vision 
in a relevant manner and our role in the road-map for getting to the 
desired goals. Staff appreciated how approachable he was because it 
allowed us to address potential issues before they became a major 
crisis. His commitment to employee engagement, growth, and proficiency 
through trainings bred a culture of high morale and improved quality of 
work. He was consistent in treating each of us with respect, empowering 
us to effectively do our job, and including us in decisions impacting 
our work. The Office of Payroll and Benefits is the largest unit in 
Finance and our work impacts each of the more than 10,000 employees at 
the House. As I reflect on our time together, I know he was the right 
leader for us and we are enormously thankful that his efforts made us a 
better unit so that we may provide exceptional customer service to the 
House.
    The mission of the U.S. Department of Homeland Security is to 
secure the Nation from the many threats we face. Large-scale emergency 
issues ranging from aviation security, border security, cyber security, 
to natural disasters would occur and the Office of Budget was central 
to ensuring effective resourcing to address the challenges. Viquar's 
vast knowledge, analytical skills, creativity, and ability to remain 
calm under pressure allowed us to provide solutions to leadership time 
and again. Because of his reputation, our leadership promoted him to 
oversee the group responsible for the full scope of formulation and 
execution of the Department's nearly $67 billion budget. He took on 
this role during a time when the Department was engaged in a complex 
effort to overhaul a legacy budgeting framework with significant budget 
disparities and inconsistencies between its Components and 
appropriations and programs. Despite the enormity of the challenges, 
Viquar was always available to encourage, teach, mentor, and add humor 
to make the grind enjoyable. Even when he was on vacation in some 
distant country, he would maintain contact to answer questions, provide 
guidance and make sure we were doing well. Our team nominated him for 
the Outstanding Supervisor Award and we were pleased that he was the 
first employee from our Division to receive that recognition. As well, 
he was a recipient of various other awards for exemplary performance, 
including the Meritorious Public Service Medal.
    Viquar is driven to excel, recognizes and shares credit with his 
team, genuinely cares about the wellbeing of employees, and is a person 
of good character and integrity. His leadership made our organizations 
better, stronger, and more resilient. We are certain he will continue 
to make a positive impact. We enthusiastically support his nomination, 
and if confirmed, know that the Department of Commerce will benefit 
from his outstanding leadership.
            Very respectfully,
                                            James F. Butler

                                            Eric Littlepage
                                 ______
                                 
 Response to Written Questions Submitted by Hon. Richard Blumenthal to 
                              Gigi B. Sohn
    Topic. The FCC's public safety mandate is written into its founding 
statute--it's literally in the first line of the Communications Act. 
First responders depend on our telecommunications networks in times of 
emergencies and to operate public safety systems. That ranges from 
people being able to pick up the phone and dial 9-1-1 all the way to 
the messaging systems used by the police and firefighters that respond 
to that call.

    Question. Can you tell me more about how, as a Commissioner, you 
would promote public safety and support the police, firefighters, and 
other first responders that depend on the FCC?
    Answer. Serving and enhancing public safety is one of the most 
important obligations of the FCC. If confirmed, I would seek to ensure 
that every rulemaking, adjudication and decision of the Commission 
considers the potential implications for public safety. In particular, 
the Commission must ensure that police, firefighters and other first 
responders have access to the resources they need--especially in times 
of crisis. In the words of the D.C. Circuit, when the FCC fails to 
consider possible harms to public safety ``People could be injured or 
die.'' Mozilla Corp. v. FCC, 943 F.3d 1, 62 (D.C. Cir. 2019).
    As a first priority, I would seek to ensure that public safety 
communications cannot be blocked or throttled. 911 Communications, 
wireless emergency alerts, Amber Alerts, and official communications 
from police, firefighters or other first responders to the public--and 
communications by the public to first responders--must flow smoothly 
and without interference. Additionally, first responders must have 
adequate and secure spectrum to communicate with each other, free from 
harmful interference.
    I also fully believe that network reliability and resiliency are 
critically important to first responders. I would fully support efforts 
by the Commission to ensure that we have robust communications networks 
that allow first responders to communicate reliably with one another 
during national disasters or terrorist attacks. This includes ensuring 
the smooth operation of FirstNet, and that FirstNet remains faithful to 
its core mission of serving the first responder community.
    If confirmed, I would also consult regularly with law enforcement, 
firefighters, EMTs and other first responders to ensure that the unique 
needs of each community are met. I am aware that law enforcement are 
concerned about the illegal use of contraband cell phones in prisons, 
and I pledge to work closely with the law enforcement community, the 
correctional community and wireless providers to find ways to prevent 
the illegal use of contraband phones by incarcerated individuals 
consistent with the FCC's statutory authority.

    Topic. If confirmed, robocalls will be an immediate issue for you 
at the FCC. Chair Rosenworcel circulated a proposed rule on blocking 
robotexts last month.

    Question. If confirmed, will you support Chair Rosenworcel's 
proposed rules on robocalls and fraudulent text messages?
    Answer. I agree that robocalls and robotexts are a major nuisance 
and a serious concern for consumers and I understand that the 
Chairwoman has made the issue a top priority. The text of the 
Chairwoman's proposed rules is not publicly available, so I do not know 
the specific details, but I am supportive of her efforts on this issue. 
If confirmed, I look forward to working with the Chairwoman and the 
other Commissioners on the issue and reviewing the record developed in 
the proceeding.
                                 ______
                                 
     Response to Written Question Submitted by Hon. Jon Tester to 
                              Gigi B. Sohn
Work History
    Question. Can you talk about your work on copyright issues, 
including your involvement in Locast, and how your previous work may 
impact your views on broadcast issues as a Commissioner at the FCC?
    Answer. I was Co-founder and Chief Executive Officer of the public 
interest organization Public Knowledge, which, among other things, 
sought to ensure that copyright, patent, and trademark law reflected 
its constitutional directive ``[t]o promote the progress of science and 
useful arts, by securing for limited times to authors and inventors the 
exclusive right to their respective writings and discoveries.'' This 
meant promoting policies that both ensured that creators could profit 
from their works and that the public was able to lawfully make use of 
those works, including those works that they purchased.
    Locast was a streaming service that provided local broadcast 
signals to those who couldn't receive local signals over-the-air, 
including many in rural areas. I believed that was a good thing both 
for viewers and for local broadcast stations, but the broadcast 
networks disagreed. They sued and the service was shut down.
    My previous copyright work and participation on the Locast board 
will not in any way impact my views on broadcast issues if I am 
confirmed as a Commissioner at the FCC. I believe strongly that local 
broadcasting is vital to the lifeblood of every community--providing 
local news and information and critical emergency services free to 
every American. It is the bulwark against misinformation and toxic 
online culture, and I am committed to ensuring that it grows and 
thrives. If I am confirmed, I would approach every issue impacting 
broadcasters in a way that promotes their competitiveness, resiliency, 
and diversity in today's media landscape.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Kyrsten Sinema to 
                              Gigi B. Sohn
    Copyright. Some have raised concerns about your leadership role at 
the streaming service Locast. A Federal court determined that Locast 
did not qualify for a copyright exemption and a settlement was reached 
to end its operations.

    Question 1. Following your role with Locast and the settlement 
agreement, if you are confirmed to the Federal Communications 
Commission (FCC), would you harbor any biases against parties 
associated with the case, and would you be able perform your duties in 
an independent and fair manner towards all parties?
    Answer. Over my 30-year career as a public interest lawyer, I have 
worked closely with almost every major communications industry and 
individual corporation. I have always worked in an independent and fair 
manner, including when I worked at the FCC from 2013-2016. If 
confirmed, I would harbor no biases against the parties associated with 
the lawsuit against Locast, and I would be able to perform my duties in 
an independent and fair manner towards all parties.

    Question 2. What is the FCC's role in relation to copyright?
    Answer. The courts, the Copyright Office, and Congress have 
consistently affirmed that the Commission lacks jurisdiction over 
matters of copyright policy. If confirmed as Commissioner, I would 
commit to ensure that the FCC does not seek to extend the bounds of its 
jurisdiction to matters of copyright.

    Question 3. One of my criteria for reviewing nominations is whether 
the nominee can be trusted to faithfully execute and uphold the law as 
it exists. Will you faithfully uphold the law related to copyright and 
retransmission consent as it exists?
    Answer. Yes. I am committed to the rule of law and will faithfully 
uphold the law related to copyright and retransmission consent as it 
exists.

    FCC Maps and IIJA. The Infrastructure Investment and Jobs Act 
(IIJA) provides a significant investment in broadband deployment, with 
Arizona receiving at least 100 million dollars over five years to 
expand access to high-speed internet. This is especially important for 
Arizonans living in rural areas. In order to allocate these broadband 
investments, the Commerce Department and FCC will look to updated 
broadband maps to determine which areas of the country currently do not 
have access to high-speed broadband.

    Question. Considering past mapping delays, how will you work to 
ensure the FCC produces accurate broadband maps in a timely manner?
    Answer. If confirmed, I intend to work side-by-side with Chairwoman 
Rosenworcel and other Commissioners to ensure that the FCC's maps are 
produced accurately and expeditiously. I am delighted that the FCC has 
recently entered into a contract for the broadband serviceable location 
fabric, which indicates where broadband can be deployed. The next 
challenge is to obtain the data from broadband providers which 
indicates where broadband is currently deployed. I would like to assist 
in obtaining this critical information from the providers in an 
expeditious manner.

    Affordable Connectivity Program. Congress permanently reauthorized 
the Emergency Broadband Benefit Fund in the IIJA, now referred to as 
the Affordable Connectivity Program. The program was initially created 
during the onset of the COVID-19 pandemic to help more low-income 
households gain access to affordable broadband. The IIJA requires the 
FCC to promulgate a regulatory framework to implement the program 
within one year.

    Question. Are you confident the FCC will be able to implement a 
final rule for the Affordable Connectivity Program within the time-
frame established in the IIJA?
    Answer. If confirmed, I would consider this a priority for the 
Commission. It is my understanding that the Commission has already 
taken the initial steps to transition the Emergency Broadband Benefit 
Program to the Affordable Connectivity Program. For example, the 
Commission released a Public Notice on November 18, 2021 seeking 
comment on the implementation of the Affordable Connectivity Program. 
The Commission noted within the Public Notice that it interprets the 
interplay between the statutory provisions for the Emergency Broadband 
Benefit Program and the Affordable Connectivity Program to require new 
rules within 60 days of enactment. Additionally, the Commission 
released an Order on November 26, 2021, which waives certain rules for 
the enrollment freeze and notice requirements for the end of the 
Emergency Broadband Benefit Program to facilitate the transition to the 
Affordable Connectivity Program by the end of the year. Finally, The 
Commission is required to adopt final broadband transparency rules 
under the Affordable Connectivity Program within one year of enactment. 
If confirmed, I look forward to working with the Chairwoman and other 
Commissioners to meet the statutory deadlines in the IIJA for 
implementation of the Affordable Connectivity Program.

    Audience Data. The FCC relies on audience data for numerous 
regulatory purposes, including to define local television markets and 
to determine the national audience reach of a company's total broadcast 
stations when applying its regulations enforcing the national ownership 
cap.

    Question. What are your thoughts about the FCC's use of audience 
data, the sources the FCC relies upon to collect audience data, and the 
state of competition to provide audience data to the FCC?
    Answer. The Commission has used the Nielsen Designated Market Areas 
(DMAs) to determine the national audience reach under the national 
ownership cap since 1999.\1\ Industry supported the switch to the 
Nielsen DMAs because they were used in other regulatory contexts--such 
as must carry and retransmission consent--and the prior method of 
collecting the data was no longer reliable.\2\ The Commission 
previously concluded in 1996 that the use of Nielsen DMAs was an 
appropriate method for determining a TV station's local market for 
purposes of cable carriage \3\ after Congress modified Section 614 of 
the Communications Act in the 1996 Telecommunications Act to require 
the Commission--by regulation or order--to use ``commercial 
publications which delineate television markets based on viewing 
patterns.'' \4\ Additionally, the Commission is required by statute to 
use DMAs for defining local television markets in the context of 
satellite carriage.\5\
---------------------------------------------------------------------------
    \1\ See Federal Communications Commission, Report and Order, FCC 
99-208 (August 6, 1999) (https://transition.fcc.gov/Bureaus/Mass_Media/
Orders/1999/fcc99208.pdf).
    \2\ Id. at  34.
    \3\ See Federal Communications Commission, Report and Order, 11 FCC 
Rcd 6201 (April 26, 1996).
    \4\ 47 U.S.C. Sec. 534(h)(1)(C).
    \5\ 47 U.S.C. Sec. 338 (signal carriage rights) and 17 U.S.C. 
Sec. 122 (copyright).
---------------------------------------------------------------------------
    I have no reason to believe that the Nielsen DMA audience data is 
not accurate or reliable for these uses and I am not aware of other 
companies that provide the same data. In fact, the move to using 
Nielsen data in some cases was precipitated by the fact that the prior 
company no longer collected the relevant data.
    If changes are necessary, the Commission would need to conduct a 
rulemaking to modify its current approach under the broadcast ownership 
and cable carriage rules. And Congress would have to modify the statute 
to provide for Commission authority to use other sources in the 
satellite carriage context.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Ben Ray Lujan to 
                              Gigi B. Sohn
Racial Equity Assessment
    On the first day of his presidency, President Biden signed an 
executive order that called for each Federal agency to ``assess 
whether, and to what extent, its programs and policies perpetuate 
systemic barriers to opportunities and benefits for people of color and 
other underserved groups.'' That executive order also ``strongly 
encouraged'' independent agencies, like the FCC, to comply with this 
directive.
    Chairwoman Rosenworcel in September agreed with the need for this 
kind of assessment, stating ``I recognize we can't build a better, more 
equitable future without a reckoning of how our past continues to 
influence our present and how too many communities continue to be 
overlooked and underserved.''

    Question 1. Will you commit to supporting a racial equity 
assessment at the FCC, as you advance all of the agency's mandates to 
promote diversity in licensing, as well as in communications policy 
broadly?
    Answer. Yes.
Joint Sales Agreements & Minority Ownership
    During questioning with Senator Rosen, you stated that your 
position on joint sales agreements and sidecar agreements with minority 
broadcasters had been misstated. It's critical to set the record 
straight on issues that might affect diversity in broadcasting.

    Question 2. Please clarify your position on joint sales agreements 
with minority broadcasters. What impact would your position have on 
diverse media ownership?
    Answer. As part of her inquiry at the hearing, Senator Rosen said 
``I understand concerns have been raised about your opposition to 
policies such as ``joint-service agreements'' and ``shared-service 
agreements,'' which allow stations to share facilities and employees 
and jointly sell advertising, which I understand can be critically 
important for minority-owned stations.''
    I did not and do not oppose the use of either joint sales 
agreements or shared-service agreements by minority-owned stations. 
When I worked for former Chairman Wheeler in 2014, the FCC adopted 
rules that made these agreements attributable for purposes of the 
ownership rules with the exception of those arrangements where 
broadcasters can prove the deals are in the public interest ``such as 
when they expand the diversity of voices in a community through sharing 
expenses between truly independent stations.'' This exception ensures 
that stations that benefit from these arrangements are indeed minority 
owned and controlled, and that they are not used by non-minority 
station owners to evade the ownership rules.
Areas of Focus for the Quadrennial Review
    During questioning with me, you noted the quadrennial review as an 
important opportunity to find new ways to improve minority media 
ownership.

    Question 3. What specific areas and rules deserve most scrutiny 
during the quadrennial review for their impact on Latino media 
ownership?
    Answer. Local broadcasters continue to be vital to the communities 
that they serve and are an important part of the media ecosystem. At 
the hearing, I committed to Chair Cantwell to work with her and others 
on policies to support local broadcasters. I also believe that there 
should be a diversity of ownership and diversity of viewpoint in the 
broadcasting industry. The Commission is in the midst of its 2018 
Quadrennial Review where it sought comment on the remaining media 
ownership rules--the Local Radio Ownership Rule, the Local Television 
Ownership Rule, and the Dual Network Rule--and sought comment on a 
variety of diversity proposals. If confirmed, I look forward to 
reviewing the record that the Commission has developed to determine how 
best to achieve the Commission's goals of localism, competition, and 
diversity in the broadcasting industry, including the collection of 
reliable data to assess trends in ownership diversity. Additionally, as 
I noted at the hearing, I would like to review the Commission's 
incubator program, which the Supreme Court reinstated earlier this 
year, to see if that is another potential opportunity to increase the 
diversity of ownership in the broadcast industry.
                                 ______
                                 
  Response to Written Questions Submitted by Hon. Raphael Warnock to 
                              Gigi B. Sohn
    FCC Mapping. The Federal government is poised to make generational 
investments in broadband expansion, and we desperately need the FCC to 
develop accurate maps that show us which communities remain 
unconnected. I'm proud that Georgia is a leader in broadband mapping, 
and I believe that the Georgia map is really among the most accurate in 
the country when it comes to providing granular information about who 
is and isn't connected.

    Question. Would you commit to working with state and local leaders 
in Georgia and across the country to incorporate all of their 
information and build a more accurate map?
    Answer. Yes.

    Question. Would you commit to prioritizing broadband mapping so 
that we can better allocate Federal investments in broadband?
    Answer. Yes.

    Supporting minority broadcasters. Some have reported that Nielsen's 
TV and radio ratings may undercount Black and Hispanic audiences, which 
can result in lower revenues for Black and Hispanic-owned stations and 
less diverse programming on radio and TV. In 2008, a coalition of 
minority radio broadcasters stated that the lower ratings would 
``disenfranchise minority communities and have a devastating impact on 
small businesses.''

    Question. Would you commit to working to promote diversity in the 
broadcasting space and addressing barriers that minority broadcasters 
may face, such as inaccurate audience numbers?
    Answer. If confirmed, I look forward to working with your office to 
find ways within the Commission's authority to address the barriers 
that minority broadcasters face. While the ratings systems for the 
radio and TV industry are governed by private companies, I do note that 
Nielsen modified its broadcaster reporting policies effective earlier 
this year so that more small minority-owned stations will be reported.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                              Gigi B. Sohn
    Question 1. The Senate Commerce questionnaire you completed asked 
you in Part A.11. to ``List all positions held as an officer, director, 
trustee. . . .'' In its 2019 IRS Form 990, the Sports Fan Coalition 
lists you as serving as Secretary and an Officer. Why did you not 
disclose these positions on your Senate Commerce questionnaire, in 
addition to your disclosure of board membership?
    Answer. I was not a member of the board of Sports Fans Coalition 
NY, Inc. (SFCNY) in 2019. I joined the board of SFCNY in March 2020 and 
have never been Secretary or an Officer. The Chair of SFCNY has 
informed me that this was a clerical error and that the organization 
will be filing an amended 2019 IRS Form 990 shortly. That 2019 Form 990 
will properly list Habiba Alcindor as Secretary and an Officer and 
Phillip Berenbroick as a Board Member of SFCNY.

    Question 2. In March 2020, you issued a statement that said ``I'm 
honored to join the Locast board.'' In your Committee questionnaire in 
Part A.11., you were asked to identify all positions that you held as 
an officer. You did not list any board membership for Locast. Please 
explain this discrepancy or omission.
    Answer. Locast was a streaming service run by SFCNY, it is not a 
separate corporate entity. I listed my board membership in SFCNY in 
Part A.11 of the Committee questionnaire.

    Question 3. Where did the money come from for the payment of the 
$32 million settlement in connection with the Locast case?
    Answer. The settlement funds come from amounts collected to fund 
SFCNY operations after SFCNY pays its vendors.

    Question 4. Can you detail the discussions you have had--including 
with government officials and private sector entities--regarding 
potential recusals or conflicts of interest in connection with 
broadcasters or the broadcast industry? Have determinations been 
reached regarding the scope and nature of a recusal? If yes, please 
share that determination.
    Answer. On October 26, 2021, I signed an ethics agreement with the 
FCC's Designated Agency Ethics Officer. In this agreement, I committed 
that I would not participate ``personally and substantially . . . in 
any particular matter'' involving SFCNY ``unless I am first authorized 
to participate, pursuant to 5 C.F.R. Sec. 2635.502(d).'' In addition, I 
have spoken with stakeholders in Congress, the Executive Branch, and 
external stakeholders about the recusals required by law and regulation 
regarding with my Board membership of SFCNY.

    Question 5. Have you ever expressed to anyone opposition to Jessica 
Rosenworcel being nominated or confirmed to serve another term as an 
FCC commissioner?
    Answer. No.

    Question 6. Has the White House expressly stated that you will not 
be designated as Chair of the Commission?
    Answer. President Biden has designated Jessica Rosenworcel Chair of 
the Commission, and no one has discussed with me whether or not I would 
be designated as Chair.

    Question 7. Did you have any discussions with the White House or 
anyone else regarding the possibility of your serving as chair of the 
FCC?
    Answer. I expressed an interest to the White House in serving as 
chair last March but have had no additional discussions regarding that 
possibility since that time. I have discussed it with others outside 
the White House.

    Question 8. During the last Administration, some Senators asked 
then-FCC Chairman Pai to commit to disclosing contacts with the White 
House. Do you commit to disclosing to me and my colleagues all contacts 
and communications you or your staff receive from the White House?
    Answer. I commit to following the past practice of Commissioners 
regarding these contacts.

    Question 9. On net neutrality, during your confirmation hearing, I 
asked you to identify harms that flowed from the FCC's 2017 decision to 
repeal the Obama-era Title II regulations. You responded by claiming 
that a broadband provider throttled a Santa Clara fire department in 
2018.

  1.  Is it your view that the broadband provider's conduct would have 
        violated the 2015 Open Internet Order's bright line rule on 
        throttling?

  2.  Or, did the particular plan that Santa Clara purchased offer 
        service at one speed for a particular amount of data and then 
        additional data at a different speed in a manner allowed by the 
        FCC's 2015 ``no throttling'' rule?

  3.  Did the 2015 Open Internet Order apply, by its terms, to the type 
        of government or enterprise offering purchased in the example 
        you cited?
    Answer. The repeal of the 2015 Open Internet Order, including the 
FCC's relinquishment of its oversight over broadband impacted the Santa 
Clara County Fire Department because the Fire Department had no 
recourse when its broadband was throttled. Indeed, it was a seven-month 
dispute over a data plan that impacted the Fire Department's ability to 
communicate with other public safety entities and the public. But the 
Fire Department had no government entity that it could turn to for a 
resolution of the dispute. Neither the FCC nor the FTC publicly offered 
its help to resolve the matter after it became national news. The FCC's 
lack of oversight of broadband was more the cause for this situation 
than the lack of bright line net neutrality rules.
    Based on the public accounts, the plan used by the Santa Clara 
firefighters was one of several standard plans offered by Verizon to a 
wide range of customers. If true, even though Santa Clara is a public 
safety/government user rather than a residential user, the plan could 
still be a ``consumer'' offering. It would be a very unfortunate result 
if firefighters and other first responders received less protection 
than typical consumers.

    Question 10. How should the FCC, the FAA, and the wireless and 
aviation industries address interference concerns related to 5G 
deployments using C-Band spectrum?
    Answer. All parties agree that public safety is a priority for the 
FAA and FCC, not to mention stakeholders in the aviation and wireless 
industry. Recognizing the very significant ramifications of a delay in 
C-band deployment, I am hopeful that the FCC, FAA, and the wireless and 
aviation industries can come together to analyze and solve this problem 
expeditiously, in good faith, in a manner that ensures safety and 
deployment can coexist. Going forward, I agree with Chairwoman 
Rosenworcel that the best way to prevent this kind of situation in the 
future is to ensure that the FCC and its Federal counterparts work 
together in a transparent and collaborative manner. If confirmed, I 
look forward to working with the Chairwoman and the other commissioners 
to assist in this process.

    Question 11. Do you agree with the FCC's 2020 decision to approve 
Ligado's application to offer terrestrial low-power services? Do you 
agree with the FCC's 2021 decision to deny a stay of that decision?
    Answer. Because I am not currently serving at the FCC, I have not 
yet had access to classified information subsequently shared with the 
FCC following the FCC's decision. Additionally, because the matter 
remains pending before the Commission, and I may be required to vote on 
the issue, I am unable to express an opinion pre-judging the matter. I 
note that Congress chose to impose additional safeguards against 
possible interference, including delay until completion of further 
study, as part of the National Defense Authorization Act of 2020 rather 
than voting to overrule the FCC in its entirety. If confirmed, I would 
seek access to classified information related to this matter and would 
be guided by Congress and the Communications Act to ensure that 
critical defense systems do not suffer harmful interference.

    Question 12. Journalistic endeavors aside, what value do you 
believe local broadcasters bring to their media markets?
    Answer. As I stated at the hearing, local broadcasters are vital to 
the lifeblood of every community. Of the various communications 
platforms, broadcasters alone are responsible for providing local 
emergency alerts, local news, and local information to their 
communities of license. I also committed to work with Congress on 
policies to support local broadcasters. At the same time, I believe 
that there should be a diversity of ownership and diversity of 
viewpoint in the broadcasting industry. If confirmed, I look forward to 
working with this Committee and the other Commissioners to determine 
how best to achieve the Commission's goals of localism, competition, 
and diversity in the broadcasting industry, including the collection of 
reliable data to assess trends in ownership diversity.

    Question 13. Would you agree that U.S. copyright laws need to be 
updated? If yes, how would you suggest Congress do so?
    Answer. I do have some background in copyright through my prior 
experience as Co-founder and Chief Executive Officer of the public 
interest organization Public Knowledge, which, among other things, 
promoted policies that both ensured that creators could profit from 
their works and that the public was able to lawfully make use of those 
works, including those works that they purchased. However, I have not 
focused on these types of copyright issues in recent years so I do not 
have any specific opinions related to updating U.S. copyright laws. 
Further, such copyright issues are not within the jurisdiction of the 
Commission, so I would not expect that I would be involved in any 
legislative initiatives should I be confirmed.

    Question 14. Last July, President Biden signed an Executive Order 
on ``Promoting Competition in the American Economy'' that, in part, 
encouraged the FCC to consider a number of policy actions, including 
reinstating net neutrality rules on broadband access to residential and 
office buildings. Since the EO's publication, the FCC issued a Notice 
of Inquiry on the latter topic, raising a potential concern that the 
FCC is taking direction from the White House on telecommunications 
policy.

  1.  Do you support any of the recommendations focused on the FCC 
        contained in the Executive Order? If yes, which 
        recommendations.

  2.  To what extent have you, in either a professional or personal 
        capacity, engaged with White House staff or Biden transition 
        team staff in developing or reviewing policy for any version 
        the aforementioned Executive Order on competition?

  3.  Courts have generally held that agencies are given deference in 
        court because they are ``expert'' agencies. If you were 
        involved in writing or otherwise contributing to the policy of 
        the Executive Order that predetermined the outcome of a 
        rulemaking, do you think your agency would deserve deference?
    Answer. I have supported the recommendations of the Executive Order 
focused on the FCC in the past both as a public interest advocate and 
as a staffer to former FCC Chairman Tom Wheeler. I have not engaged 
with the White House staff or the Biden transition team in either 
developing or reviewing policy, writing, or otherwise contributing 
policy for any version of the Executive Order on Competition. I cannot 
comment on hypotheticals. The issue of deference is largely determined 
by the courts based on whether the expert agency involved was or was 
not arbitrary and capricious when making its determination.

    Question 15. President Biden has called for the reinstatement of 
``net neutrality'' and Title II reclassification of broadband in his 
July Executive Order on competition, and you have stated that the FCC 
has authority to reclassify broadband under Title II.

  1.  If the FCC adopts net neutrality regulations that classify 
        broadband under Title II, do you support the FCC pursuing a 
        broadband consumer privacy rule similar to the rule adopted by 
        the FCC in 2016 if Congress has not acted on a comprehensive 
        privacy bill?

  2.  Should there be different privacy rules for Internet service 
        providers and edge providers?

  3.  Looking at the current state of the broadband market, can you 
        identify which provisions of Title II the FCC should apply to 
        broadband beyond those included in the 2015 Open Internet 
        Order, if any?

  4.  If the FCC pursues a net neutrality rulemaking, do you believe 
        that the rulemaking would or should preempt state net 
        neutrality laws such as California's Internet Consumer 
        Protection and Net Neutrality Act?
    Answer. In 2017, Congress repealed the FCC's 2016 broadband 
consumer privacy rules under the Congressional Review Act, which 
prohibits the agency from adopting ``substantially similar'' rules in 
the future. Under the law, the FCC could not pursue a broadband 
consumer privacy rule that is substantially similar to the one repealed 
in 2017.
    While I was working for Chairman Tom Wheeler at the FCC from 2013-
2016, the FCC adopted privacy rules for Internet service providers. It 
could not apply those rules to edge providers because the FCC lacks 
jurisdiction over those providers. Chairman Wheeler made it clear 
however, that he viewed the FCC's privacy rules as a template for rules 
that could also be applied by Congress to edge providers.
    Should the FCC move forward to adopt net neutrality rules and 
reclassify broadband Internet access providers as a Title II 
telecommunications service, it would have to start a new proceeding 
that will look at changes in, among other things, technology, how 
consumers use the Internet, and business practices. If confirmed, I 
would look at the totality of the record and the law and come to a 
conclusion about which provisions should apply, and whether preemption 
is warranted and the scope of that preemption, with input from staff, 
my fellow commissioners and members of this Committee.

    Question 16. In 2017, you stated that ``[a]ny weakening of the 
[FCC's privacy] rules by either the Trump FCC or Congress will leave 
consumers unprotected from ISP data collection, use and security 
practices that might violate their privacy.'' Please list the privacy 
violations by ISPs that have occurred since you made that statement.
    Answer. The Federal Trade Commission recently published a study of 
six major ISPs--AT&T, Verizon, Charter, Comcast, T-Mobile, and Google--
that examined the industry's privacy practices since 2017.\1\ Among 
other things, the study found that ISPs have regularly violated user 
privacy by:
---------------------------------------------------------------------------
    \1\ See Federal Trade Commission, Staff Report, A Look At What ISPs 
Know About You: Examining the Privacy Practices of Six Major Internet 
Service Providers (October 21, 2021) (https://www.ftc.gov/system/files/
documents/reports/look-what-isps-know-about-you-examining-privacy-
practices-six-major-internet-service-providers/
p195402_isp_6b_staff_report.pdf).

   Disclosing real-time location data to third parties, 
---------------------------------------------------------------------------
        including bounty hunters;

   Collecting data unnecessary for the provision of Internet 
        service to target ads;

   Collecting data on sensitive characteristics such as 
        political affiliation, sexual orientation, and religious 
        beliefs; and

   Using confusing interfaces, sometimes called ``dark 
        patterns,'' to mislead consumers into inadvertently sharing 
        more data.
    Importantly, ISPs often retain this data for years, even after 
customers have terminated their relationship with the ISP.

    Question 17. As you stated in 2017, the Congressional Resolution of 
Disapproval that vitiated the 2016 FCC ISP Privacy Rules ``ensure[d] 
that the FCC cannot adopt `substantially similar' rules.'' If the FCC 
reclassifies broadband services as telecommunications services, what 
rules do you believe the FCC could impose on ISPs given that any such 
rules could not be ``substantially similar'' to the rules adopted in 
2016?
    Answer. Any proposal to reinstate ISP privacy rules--assuming 
reclassification of broadband services--would have to be conducted 
under notice and comment pursuant to the Administrative Procedure Act. 
The proceeding presumably would include seeking comment on what is or 
is not ``substantially similar'' to the 2016 ISP privacy rules. As 
such, any final rules would need to reflect the record developed, as 
well as comply with the Congressional directive from the Resolution of 
Disapproval.

    Question 18. On net neutrality, you have said that you are not 
advocating for the FCC to reinstate the Obama-era Title II regulations; 
rather, you have said that the FCC should go beyond that. In 
particular, you have said ``I'm not advocating for just reinstating the 
old rules.'' In light of this statement, please respond to the 
following with a yes or no:

  1.  Do you commit to not applying price controls or rate regulations 
        to broadband providers--either through rate setting or through 
        determining the lawfulness or reasonableness of rates charged?

  2.  Do you commit to not regulating rates by prohibiting free data or 
        zero-rating plans, which allow consumers free access to popular 
        services?

  3.  Do you commit to not regulating interconnection agreements?

  4.  Do you commit to not applying any form of unbundling obligations 
        on broadband providers?
    Answer. Should the Chairwoman move forward with a proceeding to 
adopt net neutrality rules and reclassify broadband Internet access 
providers as a Title II telecommunications service, the Commission 
would have to start a new proceeding that will look at changes in, 
among other things, technology, how consumers use the Internet, and 
business practices. If confirmed, I would look at the totality of the 
record and the law and come to a conclusion with input from staff, my 
fellow commissioners and members of this Committee about the proper 
scope of net neutrality rules and forbearance from Title II 
obligations.
    As I said unequivocally in my confirmation hearing, I agree with 
the Chairwoman that the FCC should not set rates for broadband 
services.

    Question 19. Should the FCC have authority to determine the 
reasonableness of broadband rates, and if so, how would it make such 
determinations?
    Answer. As I stated in my testimony and at the hearing, I do not 
believe the FCC should regulate the rate of broadband service. In 2015, 
the FCC chose to forbear from rate regulation as part of its Title II 
proceeding and I support that decision. The FCC is, however, charged by 
Congress under the universal service statute with ensuring that rates 
charged in rural areas are reasonably comparable to those charged in 
urban areas. The FCC has rules to gather information on such rates and 
to reduce the USF support of providers participating in the universal 
service program that fail to offer consumers in rural areas broadband 
service at or below the relevant comparability benchmark based on the 
Urban Rate Survey. Protecting rural consumers in this way is important 
and, if confirmed, I will work with my Commission colleagues to ensure 
the Commission is living up to this Congressional directive.

    Question 20. In 2017, you stated that ``[t]he Federal Trade 
Commission has no legal authority to oversee ISP practices.'' On what 
legal basis did you make this statement?
    Answer. I am unaware of the context in which this statement arose, 
but I was most likely talking about the FTC's ability to enforce net 
neutrality's bright line principles, i.e, no blocking, no throttling 
and no paid prioritization. While the FTC under its Section 5 authority 
does oversee ``unfair or deceptive practices,'' of ISPs, it has 
interpreted that authority to apply only to those occasions where the 
ISP either promises to engage (or not engage) in a certain behavior but 
does it anyway, or whether it has failed to tell a consumer that it 
will engage in certain behavior. In other words, if an ISP reserves the 
right to engage in blocking, throttling and paid prioritization and 
tells the consumer, the FTC has no authority to regulate that behavior.

    Question 21. In June 2018, you stated that ``[t]he end of the 2015 
net neutrality rules and the legal authority on which they are based 
will allow companies like Comcast, AT&T and Verizon to take control of 
consumers' Internet experience and favor or disfavor websites, 
programming services and applications at will.'' That was more than 
three years ago. What evidence do you have that ISPs have engaged in 
such activities after the FCC, under Chairman Pai, restored the 
classification of broadband services as information services?
    Answer. As I stated at the hearing, my main concern with the 2017 
repeal of the net neutrality rules and reclassification of broadband 
was the abdication of FCC oversight over broadband and that the 
majority of harms since the repeal involved the loss of oversight more 
than the bright line rules. I discussed the throttling of Santa Clara 
Firefighters broadband during the Mendocino Complex fire as just one 
example of that.
    However, in 2018, academic research led by Northeastern University 
and the University of Massachusetts at Amherst reviewed crowdsourced 
data from the Wehe app and found that for mobile Internet service 
providers in the United States, ``we don't see evidence of Internet 
service providers throttling only when the network is busy; as far as 
we can tell, it's 24/7, and everywhere.'' Professor David Choffnes, the 
lead researcher, noted that this throttling created a ``slippery 
slope,'' because ``[t]oday it's video, but what is it going to be 
tomorrow? When Internet service providers decide to take control and 
make decisions on behalf of consumers and/or content providers, what's 
going to be the fallout for those decisions? Is it actually in 
everyone's best interests?''
    It's also important to note that there is ongoing litigation over 
the 2017 repeal, as well as a growing number of states that have passed 
their own net neutrality laws and regulations. California, Colorado, 
Maine, Oregon, Vermont and Washington State have passed net neutrality 
laws and Hawaii, Montana, New Jersey, New York, and Rhode Island have 
put in place net neutrality contracting requirements. As a result, 
broadband providers have been cautious about their business practices.

    Question 22. In April 2017, you stated that the FCC's decision to 
restore the agency's previous decision not to regulate broadband 
services like legacy telephone services ``will not only fail to provide 
effective broadband privacy protections, it will come at the cost of 
eliminating the FCC's net neutrality rules that prohibit ISPs like 
Comcast and AT&T from picking winners and losers on the internet.'' 
What evidence do you have that ISPs have been picking winners and 
losers on the Internet during the past four years?
    Answer. As I stated at the hearing, my main concern with the 2017 
repeal of the net neutrality rules and reclassification of broadband 
was the abdication of FCC oversight over broadband and that the 
majority of harms since the repeal involved the loss of oversight more 
than the bright line rules. I discussed the throttling of Santa Clara 
Firefighters broadband during the Mendocino Complex fire as just one 
example of that.
    However, in 2018, academic research led by Northeastern University 
and the University of Massachusetts at Amherst reviewed crowdsourced 
data from the Wehe app and found that for mobile Internet service 
providers in the United States, ``we don't see evidence of Internet 
service providers throttling only when the network is busy; as far as 
we can tell, it's 24/7, and everywhere.'' Professor David Choffnes, the 
lead researcher, noted that this throttling created a ``slippery 
slope,'' because ``[t]oday it's video, but what is it going to be 
tomorrow? When Internet service providers decide to take control and 
make decisions on behalf of consumers and/or content providers, what's 
going to be the fallout for those decisions? Is it actually in 
everyone's best interests?''
    It's also important to note that there is ongoing litigation over 
the 2017 repeal, as well as a growing number of states that have passed 
their own net neutrality laws and regulations. California, Colorado, 
Maine, Oregon, Vermont and Washington State have passed net neutrality 
laws and Hawaii, Montana, New Jersey, New York, and Rhode Island have 
put in place net neutrality contracting requirements. As a result, 
broadband providers have been cautious about their business practices.

    Question 23. The recently-enacted Infrastructure Investment and 
Jobs Act (IIJA) provides $65 billion for broadband. The law also 
directs the Government Accountability Office to examine whether the 
FCC's current definition of high speed broadband (25/3 Mbps), is 
appropriate. Do you believe that the current definition is appropriate? 
If not, what do you believe should be the appropriate definition? Do 
you think there are any downsides to adjusting the benchmark speeds 
upwards?
    Answer. I do not think the 2015 Federal definition of broadband 
adequately reflects the modern needs of consumers and businesses. I 
agree with the IIJA's statutory text to provide funding to deploy 100/
20 Mbps minimum last mile access that can ``easily scale,'' ``meet the 
evolving connectivity needs of households and businesses,'' and 
``support the deployment of 5G, successor wireless technologies, and 
other advanced services.'' I believe a bipartisan majority of Congress 
correctly understood that our modern needs of broadband will continue 
to grow and the FCC should keep pace with the congressional directive.
    I do not believe there are downsides to adjusting the benchmark so 
long as it is tethered to modern uses in healthcare, education, 
business, farming, and current personal home uses. Given the direction 
Congress has given with the IIJA, I believe it is important for the FCC 
to follow that direction in updating its data collection and reporting 
efforts in order to assess which communities have access to 
infrastructure Congress intended for them to obtain.

    Question 24. IIJA will provide tens of billions in funding to 
expand broadband deployment. In an interview with the Wall Street 
Journal about the law, you noted that the IIJA ``can be supplemented 
with action from the FCC and other agencies.'' What other actions do 
you believe the FCC should take to supplement the broadband provisions 
in the IIJA?
    Answer. Section 60104 of the IIJA requires the FCC to ``commence a 
proceeding to evaluate the implications of this Act and the amendments 
made by this Act on how the Commission should achieve the universal 
service goals for broadband'' and requires the Commission ``to submit 
to Congress a report on the options of the Commission for improving its 
effectiveness in achieving the universal service goals for broadband in 
light of this Act and the amendments made by this Act, and other 
legislation that addresses those goals.''
    The FCC's Universal Service Fund supports, among other things, 
connectivity to schools and libraries and rural health care facilities 
as well as phone and broadband service to low-income families and 
support for broadband deployment in high-cost areas. After conducting 
the proceeding required by the IIJA, the FCC may determine that 
continued USF support in some or all of those areas may continue to be 
necessary to ``achieve the universal service goals for broadband.''

    Question 25. During your confirmation hearing, you noted that a key 
aspect of closing the digital divide is affordability. With the 
enactment of the IIJA, which establishes the Affordable Connectivity 
Program, should the FCC consider any other policies to address 
broadband affordability? If yes, what policies should the FCC consider?
    Answer. If confirmed, I would want to look at the conclusions and 
the recommended options the FCC makes under Section 60104 of the IIJA 
for ``improving the effectiveness in achieving universal service goals 
for broadband in light of this Act, and other legislation that 
addresses those goals. One option the FCC might consider is how it can 
make its Lifeline program more accessible and useful to low-income 
Americans. Since 2017, the number of Lifeline recipients has decreased 
by 40 percent and the program's budget has shrunk accordingly. 
Currently, less than 20 percent of Americans who are eligible for 
Lifeline take advantage of it. That is in part because the FCC has 
erected barriers to eligibility and use of the program and in part 
because it has not worked with states to complete the National 
Eligibility Verifier, which can make swift and accurate determinations 
of Lifeline eligibility. If confirmed, I would like to work with the 
states to ensure that they connect their state government assistance 
databases to the Verifier and with the Chairwoman to figure out other 
ways to strengthen the Lifeline program.

    Question 26. During your confirmation hearing, you suggested that 
closing the homework gap could be addressed through expanding the E-
Rate program to allow funds to be used in the home. Under what legal 
authority does the FCC have to expand the E-Rate program to the home 
and how should this be paid for?
    Answer. 47 U.S.C. Sec. 254(h)(2)(A) states that the Commission 
shall establish ``competitively neutral rules'' to enhance . . . access 
to advanced telecommunications and information services for all public 
and nonprofit elementary and secondary school classrooms, . . .'' 
Chairwoman Rosenworcel and Commissioner Starks have urged that, 
especially since the beginning of the COVID-19 pandemic, the 
``classroom'' is not just in the school building, but also in the home. 
I agree with this assessment and believe that the FCC has the authority 
to interpret Section 254 in this manner.
    Some of these home connections have been paid for through the 
Emergency Connectivity Fund, which was passed as part of the American 
Rescue Plan, but the annual E-Rate budget could also be used to pay for 
these home connections. For example, because of the reforms launched in 
the 2014 and 2015 E-Rate modernization dockets, according to some 
estimates,\2\ the E-Rate budget had a nearly $2 billion unallocated in 
March 2020. Some of that money could have been used to provide home 
connections during the heart of the pandemic.
---------------------------------------------------------------------------
    \2\ Amir Nasr, the Homework Chasm, Slate (March 30, 2020, found at 
https://slate.com/technology/2020/03/coronavirus-school-broadband-
homework-gap.html)

    Question 27. Please provide a copy of the recent Locast settlement 
to the Committee.
    Answer. I respectfully refer the Committee to the broadcast 
networks and SFCNY directly to obtain a copy of the settlement 
agreement.

    Question 28. If confirmed, how do you plan on approaching broadcast 
networks that sued Locast if issues, orders, or proceedings that impact 
them come before the Commission?
    Answer. If confirmed, I will approach issues, orders and 
proceedings involving the broadcast networks as I would any 
proceeding--with an open mind. As required by the Administrative 
Procedure Act, if confirmed, my decision in any particular proceeding 
will be dictated by the totality of the record in a proceeding and the 
law, along with input from staff, my fellow commissioners, and the 
Members of this Committee. If confirmed, I also plan on meeting with 
local broadcasters to discuss how the FCC can help them be more 
competitive, resilient and diverse.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. John Thune to 
                              Gigi B. Sohn
    Question 1. Last July, President Biden signed an Executive Order on 
``Promoting Competition in the American Economy'' that encouraged the 
FCC to consider a number of policy actions, including reinstating Title 
II regulations on the Internet and increasing regulation of broadband 
access to residential and office buildings. Since, the FCC issued a 
Notice of Inquiry on the latter issue, raising a potential concern that 
the FCC is taking direction from the White House on telecommunications 
policy.

  1.  Do you support the recommendations directed at the FCC contained 
        in the Executive Order? If yes, which recommendations?

  2.  To what extent have you, in either a professional or personal 
        capacity, engaged with White House staff or Biden transition 
        team staff in developing or reviewing any version the 
        aforementioned executive order on competition?
    Answer. I have supported the recommendations of the Executive Order 
directed at the FCC in the past both as a public interest advocate and 
as a staffer to former FCC Chairman Tom Wheeler. I have not engaged 
with the White House staff or the Biden transition team in either 
developing or reviewing policy, writing or otherwise contributing 
policy for any version of the Executive Order on Competition.

    Question 2. The FCC's Alternative Cost Model (ACAM) program is 
helping bring broadband to rural Americans who are the hardest to 
serve. However, the benefits of the ACAM program are constrained by 
specific terms that deny consumers faster broadband speeds. Do you 
support the FCC acting on a petition pending before the Commission to 
adopt modifications to the program to more quickly bring higher speeds 
to consumers served by the ACAM program?
    Answer. As I noted at the hearing, over the past two decades I've 
worked towards the goal of ensuring that every household in the U.S. 
has robust and affordable broadband Internet access. If confirmed, I 
look forward to reviewing the record developed regarding the referenced 
petition to determine whether modifications are needed to the ACAM 
program.

    Question 3. What do you believe the FCC's role should be relating 
to Section 230 and do you support Congressional action to address 
online transparency concerns like my bipartisan PACT Act?
    Answer. I have publicly stated that I don't believe that the FCC 
currently has the authority to interpret Section 230. I am very 
supportive of Congressional action to address online transparency and 
have spoken favorably of the PACT Act in several public forums.

    Question 4. The Universal Service Fund at the FCC has had a 
significant impact on states like South Dakota that have large rural 
areas. Do you believe it is important to provide rural broadband 
providers, particularly rate of return carriers, regulatory certainty 
in the USF program?
    Answer. Yes. Throughout my 30+ year career, my priority has been to 
ensure that modern communications networks are available to everyone 
regardless of who they are or where they live, which is at the heart of 
the USF program. For the past 15 years, my priority has been ensuring 
that every household in the U.S. has robust broadband Internet access, 
and that any government funding for broadband should be spent wisely, 
effectively, and with transparency and accountability. For example, 
while at the FCC, I worked on the Commission's successful modernization 
of the E-Rate, Lifeline, and high-cost programs, which seek to ensure 
that schools, libraries, and low-income and rural households have 
broadband Internet access. The Communications Act also requires that 
the FCC preserve and advance universal service by ensuring that access 
to advanced services be provided in all regions of the nation, 
including to low-income consumers and those in rural, insular, and high 
cost areas.
    As I discussed at the hearing, the bipartisan Infrastructure 
Investment and Jobs Act (IIJA) requires that the FCC submit a report to 
Congress within nine months on the impact that the $65 billion of new 
deployment funding has on the USF and on recommendations for how to 
proceed. That provision is so important because an assessment of the 
USF will provide regulatory certainty going forward. Hearing about the 
infrastructure funding is significant and critical to meet the Nation's 
needs. Through all of these efforts, it is essential for the FCC to 
obtain input from the public, state and local entities, as well as the 
broadband providers about ongoing needs to meet our universal service 
objectives. Moreover, the FCC will need to communicate effectively 
about any potential changes to current programs as a result of its 
assessment and complete any required rulemaking processes to implement 
such changes.

    Question 5. You stated in your testimony that ``Markets work best 
when there is vigorous competition.'' I agree. However, government 
subsidized competition, is not vigorous competition. That is why I have 
opposed government subsidies that allow for overbuilding. If confirmed, 
will you commit to prioritize future FCC funding towards unserved 
areas, not creating so-called competition in less rural areas?
    Answer. I support the framework in the IIJA that requires States to 
provide funding first to deploy broadband in unserved areas and only 
then provide funding to deploy broadband in underserved areas. I think 
that is a sound model for future FCC funding as well.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. Roy Blunt to 
                              Gigi B. Sohn
    Question 1. Ms. Sohn, you were a key architect of the Obama FCC's 
net neutrality rules, which Republicans largely opposed. However, I 
think if you surveyed Republicans on our committee today, what they 
were opposed to wasn't so much the bright line rules against blocking 
and throttling content--which have never been common practices among 
broadband providers to begin with--but the regulatory uncertainty that 
the Title II regulatory framework created. In particular, many of us 
were concerned about the vague ``general conduct'' standard, which 
would have given FCC bureaucrats the discretion to prohibit and punish, 
on an open-ended case-by-case basis, so-called ``unreasonable'' 
practices by broadband providers.
    Under the general conduct standard, providers were left to guess 
whether their popular consumer offerings--such as those that offered 
unlimited sponsored content streaming--would be deemed impermissible. 
In conjunction with the equally open-ended authority to regulate 
providers' charges and practices under Title II, this amorphous 
``general conduct'' standard sowed tremendous uncertainty among U.S. 
broadband providers and undermined their ability to innovate and invest 
in our networks.
    At our in-person meeting in November, you stated that your main 
concern with the previous FCC's reversal of the Obama FCC's net 
neutrality rules wasn't about blocking throttling, or paid 
prioritization--but a lack of ``oversight'' and opportunity for FCC 
``recourse'' when it comes to other conduct that you consider 
problematic.
    That sounded an awful lot to me like a general conduct standard for 
the Internet.

  1.  Ms. Sohn, are you in favor of bringing back a general conduct 
        standard for broadband providers?

  2.  If so, do you think that the 2015 net neutrality order took the 
        right approach with its general conduct rule?

  3.  Or do you think that the latter was too vague and gave too much 
        discretion to the FCC to review providers' business models?
    Answer. Should the Chairwoman move forward with a proceeding to 
adopt net neutrality rules and reclassify broadband Internet access 
providers as a Title II telecommunications service, the Commission 
would have to start a new proceeding that will look at changes in, 
among other things, technology, how consumers use the Internet, and 
business practices. If confirmed, I would look at the totality of the 
record and the law and come to a conclusion with input from staff, my 
fellow commissioners and members of this Committee about the proper 
scope of net neutrality rules (including adoption of a general conduct 
standard or similar standard) and forbearance from Title II 
obligations.
    However, I have been critical of the general conduct standard in 
the past. In an October 2020 paper, I stated that the general conduct 
standard was ``too vague and complicated'' and urged that it be 
replaced with a simple ``unreasonable discrimination'' standard similar 
to that adopted by the FCC in 2011.

    Question 2. Ms. Sohn, I voted for the Infrastructure Investment and 
Jobs Act in part because of its significant investment to bridge 
broadband access gaps in unserved areas of our country.
    In drafting this legislation and striking our bipartisan deal, 
legislators made the following clear: our priority is to bring 
broadband access to every unserved American, including the 
approximately one third of rural Missourians who lack access to any 
broadband whatsoever, regardless of the technology used to do so. It 
makes no sense to use the funding to upgrade or duplicate networks in 
areas that already have access to high speeds, particularly if that 
comes at the expense of bringing broadband to those Americans who have 
nothing. A technology-neutral policy is not only the fairest and most 
cost-effective approach; it is also reflects this country's time-
tested, bedrock belief that eschewing technological mandates is the 
best way to promote innovation and investment in our networks.

  1.  Ms. Sohn, do you believe that a technology neutral approach is 
        the best policy when it comes to Federal broadband subsidies?

  2.  Do you agree to heeding Congress' will that--that Federal 
        broadband policy should be technology neutral--in executing 
        your duties, such as in the Commission's annual requirement 
        under Section 706 of the 1996 Telecommunications Act to 
        ``determine whether advanced telecommunications capability is 
        being deployed to all Americans in a reasonable and timely 
        fashion''?
    Answer. The FCC has long recognized on a bipartisan basis that 
Americans expect to have access to robust fixed and mobile broadband 
networks, and the bipartisan IIJA is expected to significantly advance 
the availability of robust, scalable networks capable of facilitating 
5G and other advanced technologies in currently unserved and 
underserved areas. I agree with the IIJA's framework and priorities, 
which give states the authority to determine what technologies best fit 
their residents' needs. It offers the Nation an opportunity to finally 
ensure that every American has access to at least one robust, broadband 
network. It will be important for the FCC to also coordinate its USF 
and Affordable Connectivity Program efforts so that low-income 
consumers can purchase the broadband service of their choice.

    Question 3. Ms. Sohn, in April 2020, you stated on Twitter: ``I 
call `overbuilding' competition, which is important because a lot of 
rural #broadband networks are inadequate to meet the needs of 
residents.''

  1.  In your mind, what threshold of broadband service counts as 
        ``adequate''?

  2.  Do you consider a network inadequate if download and upload 
        speeds are asymmetrical?

  3.  Do you consider a population with access to 100/20 Mbps but not 
        100/100 Mbps ``underserved''?

  4.  Do you believe that Federal broadband funding should be used to 
        overbuild networks in areas that already have high-speed 
        broadband but where speeds are not symmetrical?
    Answer. I support the bipartisan framework of the IIJA, which 
requires carriers receiving Federal funds for deployment to deploy a 
minimum of 100/20Mbps in unserved areas and which defines 
``underserved'' areas as those where not less than 80 percent of the 
``broadband serviceable locations'' cannot receive 100/20 Mbps speeds. 
I also support the IIJA's mandate that states first fund carriers to 
deploy broadband in unserved areas before they can fund carriers to 
deploy broadband in underserved areas.

    Question 4. You mentioned at the hearing that Locast, the entity 
you sat on the board of that was successfully sued for retransmitting 
copyrighted content, provided local broadcast signals to consumers who 
could not get them over the air, such as viewers in ``orphan 
counties.''

  1.  Can you provide the committee with a list of how many Locast 
        subscribers there were over the time Locast was operating, 
        broken down by each of the 36 television markets in which you 
        operated this service?

  2.  From that list, can you also break out how many of those 
        subscribers reside in ``orphan counties,'' again broken out by 
        television market?
    Answer. My understanding is that Locast has ceased doing business. 
I respectfully refer you to the nonprofit organization that ran Locast, 
Sports Fan Coalition NY, Inc. (SFCNY) regarding any informational 
requests for data that it may have.

    Question 4a. To better understand your role as a member of the 
board of directors of Locast, please also answer the following 
questions:

  1.  What was your role as a member of the board?

  2.  As a Locast board member, did you sign the settlement agreement 
        with the television networks?

  3.  Why did Locast choose to settle?

  4.  Who will be paying for the settlement?

  5.  Will you provide the Committee with the settlement agreement?

  6.  Will you also provide any other related documents pertaining to 
        the settlement that explain what your role with Locast is or 
        was, and any liabilities or other requirements you or Locast 
        are responsible for as a result of the judgment against Locast?
    Answer. Locast was a nonprofit service that provided local 
broadcast signals to people who couldn't receive them, including many 
in rural areas of the country. It relied on a copyright exemption (17 
U.S.C. Sec. 111(a)(5)) for nonprofits. I believed that was a good thing 
both for viewers and for local broadcast stations, but the networks 
disagreed. They sued and the service was shut down.
    In my role as a board member of Sports Fans Coalition NY, Inc. 
(SFCNY), I participated in quarterly board meetings. In those meetings 
I reviewed financial statements and plans to expand the service. I was 
also involved in the decision to shut the service down after the 
District Court ruling that Locast did not qualify for an exemption 
under 17 USC Sec. 111(a)(5). My understanding is that any damages will 
be paid from amounts collected to fund SFCNY operations after the 
organization pays its vendors.
    As a board member, I signed the settlement agreement. I 
respectfully refer the Committee to the broadcast networks and SFCNY 
directly to obtain a copy of the settlement agreement.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Deb Fischer to 
                              Gigi B. Sohn
    Question 1. Given the significant funding allocated for broadband 
deployment across several agencies recently, I want to focus on 
maximizing these critical Federal investments. I am concerned about the 
Federal government funding redundant networks in a manner that ends up 
limiting fuds and resources for rural areas that do not have any 
broadband connection.
    After Congress passed the bipartisan infrastructure bill, Commerce 
Secretary Gina Raimondo spoke on the transparency and oversight needed 
for state broadband proposals. She stressed, ``We have to make sure 
that we don't spend this money overbuilding.'' During the hearing, you 
stated that you supported Secretary Raimondo's position on 
overbuilding. Do you still agree with Secretary Raimondo's comments 
that we ``don't spend this money on overbuilding?''
    Answer. Yes. As I stated at the hearing, I agree with the approach 
in the infrastructure bill that requires funding to be provided to 
unserved areas first.

    Question 2. As mentioned during the hearing, you previously 
indicated that FCC subsidies can be helpful in ``forcing companies to 
compete.'' You also have tweeted that ``Whenever you hear anybody 
complain about `overbuilding' of broadband networks, translate that to 
`competition'.''

  1.  If confirmed as commissioner, will you ensure that funding 
        available for broadband deployment within your jurisdiction is 
        prioritized to expand networks to unserved areas, first?

  2.  If confirmed as commissioner, will you ensure that broadband 
        deployment funds are not used to overbuild existing networks? 
        If so, how?
    Answer. I support the framework in the IIJA that requires States to 
provide funding first to deploy broadband in unserved areas and only 
then provide funding in underserved areas. I think that is a sound 
model for future FCC funding as well and if confirmed, I will urge the 
FCC to follow that model.

    Question 3. During the hearing, you framed the policy-related 
statements you previously made on your Twitter account in the context 
of being an advocate at the time, distancing your personal views from 
certain comments that you have made publicly.

  1.  As a public advocate on communications policy, do you advocate 
        for policies in which you believe?

  2.  Are there any particular statements that you have tweeted as a 
        public advocate that you no longer agree with?
    Answer. Yes, as a public advocate on communications policy I 
advocate for policies which I believe will benefit consumers. I have 
tweeted thousands of times since 2009 and I am sure that there are 
statements that I no longer agree with because of changed circumstances 
or because somebody convinced me otherwise. And as I testified at my 
hearing, I do regret the sharp tone of some of my tweets.

    Question 4. During the hearing, you said you were not certain 
whether you had advised former FCC Chairman Tom Wheeler about the 
Commission's actions on municipal broadband in February 2015, which 
sought to undermine state laws. However, in an interview on a South by 
Southwest panel that followed in March 2015, you disclosed that the 
controversial Municipal Broadband Order was pushed through because 
people were distracted by net neutrality. You said, ``It was on purpose 
. . . you're going to do two controversial things, try to bury one, 
right?''

  1.  If confirmed as commissioner, will you commit to conducting your 
        work in a transparent and ethical manner?

  2.  At this time, do you recall whether you advised former FCC 
        Chairman Wheeler on the Municipal Broadband Order, while you 
        were his counselor?
    Answer. If confirmed, I will commit to conducting my work in a 
transparent and ethical matter. Although my choice of words at the 2015 
panel was poor, the FCC in fact did not ``bury'' the Municipal 
Broadband Order. It was circulated to the other commissioners and 
placed on the Commission's agenda just like any other order, including 
the net neutrality order. There was no effort to hide the ball.
    I still don't recall specifically advising the Chairman on the 
Municipal Broadband Order. He had a large team working on the Order and 
my focus at the time was more on the Open Internet Order, which as you 
noted, was adopted at the same time. But I certainly supported the 
Order and have supported the ability of communities to choose whether 
or not to build their own broadband networks.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Jerry Moran to 
                              Gigi B. Sohn
    Question 1. I appreciate that you stated multiple times during the 
hearing that you are a supporter of local broadcast stations. However, 
Locast was found by Federal judge earlier this year to be illegally 
retransmitting local broadcast channels without permission or 
compensation while you served on its board of directors. On behalf of 
the broadcast industry, four broadcast networks successfully sued 
Locast and either have already or will receive monetary damages for 
their stolen content.

  1.  If you are confirmed and a proceeding that involves these four 
        companies comes in front of the Commission, wouldn't a 
        reasonable person believe that you may have a conflict of 
        interest, given this history?

  2.  Wouldn't the same hold true for the additional broadcasters 
        injured by Locast's conduct, who could still bring a similar 
        suit?

    In addition to monetary damages, I understand the settlement 
included certain restrictions on Locast representatives, including 
members of the board of directors, of which you were a member.

  1.  Please detail the restrictions placed on you by the settlement 
        between Locast and the broadcasters.
    Answer. Locast was a nonprofit service that provided local 
broadcast signals to people who couldn't receive them, including many 
in rural areas of the country. It relied on a copyright exemption (17 
U.S.C. Sec. 111(a)(5)) for nonprofits. I believed that was a good thing 
both for viewers and for local broadcast stations, but the networks 
disagreed. They sued and the service was shut down.
    While the District Court Judge found that the statutory copyright 
exemption didn't apply, he never ruled on final liability, nor did he 
determine that any broadcaster was injured. This was a case of first 
impression. My understanding is that Locast suspended operations days 
after the judge's ruling and is in the process of selling its assets. 
There was a settlement agreement entered into by the parties and a 
final order by the judge, all of which the non-profit complied with in 
full. The settlement requires Sports Fan Coalition NY, Inc. (SCFNY) 
directors, including me, not to engage in a similar exercise to test 
the scope of the not-for-profit exemption.
    On October 26, 2021, I signed an ethics agreement with the FCC's 
Designated Agency Ethics Officer. In this agreement, I committed that I 
would not participate ``personally and substantially . . . in any 
particular matter'' involving SFCNY ``unless I am first authorized to 
participate, pursuant to 5 C.F.R. Sec. 2635.502(d).''
    If confirmed, I will approach each proceeding involving 
broadcasters as I would any proceeding--with an open mind. As required 
by the Administrative Procedure Act, if confirmed, my decisions will be 
dictated by the totality of the record in a proceeding and the law, 
along with input from staff, my fellow commissioners, and the Members 
of this Committee.

    Question 2. I'm interested in your thoughts on rules for 
terrestrial spectrum licensees that operate in the 12 GHz band. If 
confirmed, will you commit to evaluating the 12 GHz NPRM record fairly, 
strenuously reviewing comments and studies from all stakeholders?
    Answer. Yes.

    Question 3. What are specific examples of consumer harms that have 
occurred since the 2017 rollback of the Obama-era net neutrality 
regulations?
    Answer. As Chairwoman Rosenworcel said at her November 17 
confirmation hearing, the 2017 net neutrality repeal was broader than 
the bright line rules--it removed FCC oversight over broadband 
entirely. Among other things, that left California firefighters without 
recourse when a broadband company throttled its service during the 
Mendocino complex fire, which at the time was the biggest in state 
history, and left consumers without recourse when Frontier charged 
monthly fees to consumers who bought their own modems. It also resulted 
in some small wireless providers having to slow or halt fiber 
deployment because pole owners either charged higher rates or refused 
to negotiate a rate.
    In addition, researchers at Northeastern University and the 
University of Massachusetts at Amherst reviewed crowdsourced data from 
the Wehe app and found that for mobile Internet service providers in 
the United States, ``we don't see evidence of Internet service 
providers throttling only when the network is busy; as far as we can 
tell, it's 24/7, and everywhere.'' David Chofness, the lead researcher, 
noted that this throttling created a ``slippery slope,'' because 
``[t]oday it's video, but what is it going to be tomorrow? When 
Internet service providers decide to take control and make decisions on 
behalf of consumers and/or content providers, what's going to be the 
fallout for those decisions? Is it actually in everyone's best 
interests?''
    It's also important to note that there is ongoing litigation over 
the 2017 repeal, as well as a growing number of states that have passed 
their own net neutrality laws and regulations. California, Colorado, 
Maine, Oregon, Vermont and Washington State have passed net neutrality 
laws and Hawaii, Montana, New Jersey, New York, and Rhode Island have 
put in place net neutrality contracting requirements. As a result, 
broadband providers have been cautious about their business practices.

    Question 4. Last week, I asked Chairwoman Rosenworcel about supply 
chain challenges facing broadband providers, in light of the increased 
level of Federal spending to close the digital divide. She said that 
she started a proceeding at the FCC to collect information about how 
semiconductor shortages are impacting the telecommunications sector. 
What do you think the FCC should be doing to analyze the issues that 
exist within the broadband deployment supply chain, including outside 
of the semiconductor issues?
    Answer. Thanks to the work of Congress over the past year, there 
are ample financial resources available to help close the digital 
divide in both rural and urban areas. The FCC inquiry into the impact 
semiconductor shortages are having on the telecommunications sector is 
a good first step. The Commission should further build a record to 
identify other potential bottlenecks that could slow or stall the 
unprecedented broadband deployment efforts that will occur over the 
next five to ten years thanks to the RDOF, the IIJA, and other actions 
by Congress.
    As the record develops and the FCC continues to identify issues 
that exist within the broadband supply chain, we owe it to ourselves, 
our colleagues at the Department of Commerce, and to the American 
public to do everything we and our Federal government partners can to 
address these supply chain issues and implement efforts to resolve them 
before they have the opportunity to cause delay. Moreover, we must all 
work together to ensure these shortages do not recur and impede future 
American technological leadership. If confirmed, I would work closely 
with my colleagues at the FCC and our Federal partners to consider all 
appropriate options so that our efforts to close the digital divide are 
not hamstrung by workforce or manufacturing shortages.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Dan Sullivan to 
                              Gigi B. Sohn
    Question 1. I'm concerned about what seems to be your clear bias 
toward addressing broadband deployment problems in urban areas over 
rural areas. Just last year, in your testimony before the House Energy 
and Commerce Committee, you said that ``policymakers have focused 
disproportionately on broadband deployment in rural areas of the United 
States, Americans who live in cities also face enormous challenges to 
broadband connectivity''. While I am sure urban areas have challenges 
relating to broadband, would you agree that extreme-rural, frontier 
communities with no broadband infrastructure at all--like many in 
Alaska--perhaps deserve disproportionate focus from policymakers?
    Answer. As I noted at the hearing, over the past two decades I've 
worked towards the goal of ensuring that every household in the US--
both rural and urban--has robust and affordable broadband Internet 
access. I also recognize that there are communities and states--like 
Alaska--where deployment is more challenging. I support the broadband 
provisions in the infrastructure bill because--not only did Congress 
require that the funding goes to unserved areas first--it also requires 
that the states receive and distribute the funds. States and localities 
know best where broadband is needed and will be essential partners for 
the Commission and NTIA. Additionally, there are other aspects to the 
digital divide that we also must consider--including affordability and 
digital literacy.

    Question 2. As a result of the court's decision against Locast, a 
company which you serve on the board of and which was shut down earlier 
this year, Locast is required to pay the broadcast companies which 
brought the lawsuit $32 million. Are you personally liable for any part 
of that fine? Who is required to pay those damages to the broadcast 
companies and have those payments already occurred? Will this be taken 
into account in your recusal considerations?
    Answer. I am not personally liable for any part of the monetary 
settlement. My understanding is that any settlement funds will be paid 
from amounts collected to fund operations of Sports Fan Coalition NY, 
Inc. (SFCNY), the nonprofit entity that ran the Locast service, after 
the organization pays its vendors. On October 26, 2021, I signed an 
ethics agreement with the FCC's Designated Agency Ethics Officer. In 
this agreement, I committed that I would not participate ``personally 
and substantially . . . in any particular matter'' involving SFCNY 
``unless I am first authorized to participate, pursuant to 5 C.F.R. 
Sec. 2635.502(d).''

    Question 3. The FCC has taken significant steps in recent years to 
identify and make available spectrum for commercial use, including for 
5G deployment that is critical to ensure U.S. leadership over China. I 
understand that the FCC is currently examining the potential of 5G in 
the 12 Ghz band through extensive engineering reviews. Do you see this 
as an opportunity to advance U.S. 5G leadership? Will you commit to 
complete your review in a timely manner if you find that coexistence is 
possible between satellite and terrestrial users in the band?
    Answer. As you note, in January 2021, the FCC adopted an NPRM 
seeking comment on whether to allow terrestrial flexible use (including 
mobile services) in the 12 GHz band. I believe that the FCC should 
encourage the efficient use of limited spectrum resources when 
coexistence between users is feasible. If confirmed, I look forward to 
working with FCC staff and you to learn more about the potential for 
coexistence between satellite and terrestrial users in this band.

    Question 4. We have heard from rural healthcare participants, rural 
service providers, and others about USAC's lack of transparency in 
administering the Rural Healthcare Fund and its delays in processing 
funding requests in a timely way. Why has the FCC allowed these 
problems to persist and will you commit to adopting reforms to address 
these problems?
    Answer. I agree that the Rural Healthcare Fund serves a critical 
role for rural communities--especially in Alaska. If confirmed, I look 
forward to learning more about these issues and working with your 
office.

    Question 5. The Communications Act requires that rural health care 
providers be able to receive access to necessary telecommunications and 
broadband services at urban rates, and that service providers be 
compensated for the difference between the rural and urban rates. Many 
of us are concerned that without appropriately determining rural and 
urban rates, and in the absence of adequate compensation to service 
providers, there will be a loss of telehealth services in the most 
remote and highest-cost areas of the Nation. Do you share this concern 
and what steps should the FCC take to address this concern?
    Answer. Congress' mandate for universal service in Section 254 is 
clear: ``There should be specific, predictable and sufficient Federal 
and State mechanisms to preserve and advance universal service.'' I 
also recognize how critical robust telehealth services are to Alaskans. 
I share your concern and I know that rural and remote areas such as 
Alaska have unique challenges that need to be taken into account. I 
want to learn more about this issue and how it affects funding levels 
in some areas of the country--including Alaska. If confirmed, I commit 
to working with you and my colleagues on the Commission on these 
issues.
                                 ______
                                 
  Response to Written Questions Submitted by Hon. Marsha Blackburn to 
                              Gigi B. Sohn
    Question 1. Earlier this year, the FCC issued a Notice of Proposed 
Rulemaking to consider rules to allow companies to use the 12 GHz band 
for 5G deployment. To continue leading the world in innovation, 
especially given China's commitment to winning the race to 5G, I 
believe we need to look for more spectrum to keep the U.S. competitive. 
Do you have views on the viability of the 12 GHz band for 5G 
connectivity and, if confirmed, will you commit to moving quickly 
towards final action in that proceeding?
    Answer. As you note, in January 2021, the FCC adopted an NPRM 
seeking comment on whether to allow terrestrial flexible use (including 
mobile services) in the 12 GHz band. I believe that the FCC should 
encourage the efficient use of limited spectrum resources when 
coexistence between users is feasible. If confirmed, I look forward to 
working with FCC staff to learn more about the potential for 
coexistence between satellite and terrestrial users in this band.

    Question 2. As I'm sure you already know, the FAA issued a safety 
alert on 5G interference to aircraft. While there is no sufficient 
evidence that 5G deployment causes aircraft safety concerns, the FAA 
went ahead and stated ``action might be required to address potential 
interference with sensitive aircraft electronics.'' What are your 
thoughts on this ongoing situation?
    Answer. It is critical that spectrum coordination between Federal 
agencies is improved to ensure enough spectrum is in the pipeline for 
licensed and unlicensed uses. Updating the FCC-NTIA MOU on Spectrum 
Coordination that establishes clearly defined and agreed upon processes 
for making decisions would be very helpful. Another thing that's needed 
is a national spectrum strategy--NTIA and the FCC should work together 
with industry and the Federal agencies with spectrum interests to 
identify what bands should be targets for commercial use and try to 
resolve technical problems before major decisions are made.
                                 ______
                                 
     Response to Written Question Submitted by Hon. Todd Young to 
                              Gigi B. Sohn
    Question. Ms. Sohn, last year, the FCC opened the 6 GHz Band to Wi-
Fi and other unlicensed uses. In that order, the FCC pledged to ensure 
that licensed incumbent operations in the band are protected from 
harmful interference. Do you commit to protecting incumbents in this 
band from harmful interference?
    Answer. Yes.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Mike Lee to 
                              Gigi B. Sohn
    Question 1. During the hearing, you said ``I know of no proposal'' 
at the Commission to impose a minimum or basic tier broadband plan like 
those required by the infrastructure bill. While there may not be a 
pending action at the Commission to consider imposing a basic tier or 
minimum broadband plan, should the requirement of such plans be 
proposed by a fellow Commissioner would you support it?
    Answer. As I said at the hearing, I am not aware of any such 
proposal and it is difficult to comment on a hypothetical scenario. If 
confirmed, I will make any and all policy decisions based upon the law 
and the record of the proceeding, along with input from staff, my 
fellow Commissioners, and Members of this Committee.

    Question 2. During the hearing I asked about why you oppose the 
Federal government's ownership/operation of a broadband network, but 
support state or local government ownership/operation of broadband 
networks. You said you needed time to think about it and would answer 
in the QFRs. What's the distinction that you draw? And why do you 
support one and not the other?
    Answer. I support municipal broadband networks because they foster 
competition and choice, two core values that have guided my career. The 
nationalized 5G network proposed in the last administration would not 
have catalyzed competition or choice.
    The real-world evidence in favor of municipal broadband is 
compelling. Municipal networks have connected unserved rural 
communities, driven down incumbent prices, and created jobs. For 
example, a recent study found that Chattanooga's municipal network 
generated $2.69 billion in economic activity and created 9,516 jobs 
over the past decade.\3\ I have not seen compelling evidence 
demonstrating similar benefits from a nationalized 5G network.
---------------------------------------------------------------------------
    \3\ See Bento J. Lobo, Ph.D., CFA, Ten Years of Fiber Optic and 
Smart Grid Infrastructure in Hamilton County, Tennessee (August 31, 
2020) (https://assets.epb.com/media/Lobo%20%20
Ten%20Years%20of%20Fiber%20Infrastructure%20in%20Hamilton%20County%20TN_
Published
.pdf).
---------------------------------------------------------------------------
    Moreover, my advocacy for municipal broadband is rooted in the 
belief that local governments should have the option to invest in their 
own broadband infrastructure if they so choose. A nationalized 5G 
network would not empower local governments in this manner.

    Question 3. It's no secret that you support ``Net Neutrality'' 
requirements. And it's no secret that I oppose them.

  1.  If the FCC were to reimpose a Title II classification of 
        broadband, should the Commission go further and expand beyond 
        the requirements imposed by the 2015 rule?

  2.  How would you go about determining whether the FCC should 
        ``forbear'' a rule from taking effect? And how would you 
        approach this in the net neutrality context?

  3.  You've previously noted that Congress should pass ``Net 
        Neutrality'' legislation because of the ``ping-pong'' between 
        Administrations. Should the FCC wait for Congress to work on 
        legislation to settle this issue rather than moving forward 
        with a controversial rule?
    Answer. Should the Chairwoman move forward with a proceeding to 
adopt net neutrality rules and reclassify broadband Internet access 
providers as a Title II telecommunications service, the Commission 
would have to start a new proceeding that will look at changes in, 
among other things, technology, how consumers use the Internet, and 
business practices. If confirmed, I would look at the totality of the 
record and the law and come to a conclusion with input from staff, my 
fellow commissioners and members of this Committee about the proper 
scope of net neutrality rules and forbearance from Title II 
obligations.
    As I testified at the December 1 hearing, I support Congress 
passing legislation that settles the matter of FCC authority to oversee 
the broadband market and net neutrality once and for all. However, as 
became clear during the COVID-19 pandemic, broadband is an essential 
service, and it cannot continue without oversight. Therefore, while I 
would urge swift Congressional action, consumers cannot be left 
unprotected while Congress deliberates.

    Question 4. In June 2018, after the FCC repealed the 2015 Net 
Neutrality rule, you provided an interesting quote: ``The end of the 
2015 net neutrality rules and the legal authority on which they are 
based will allow companies like Comcast, AT&T and Verizon to take 
control of consumers' Internet experience and favor or disfavor 
websites, programming services and applications at will. Equally as 
important, should consumers or innovators have a complaint about 
fraudulent, discriminatory, privacy violating or predatory pricing 
practices of broadband ISPs, the [FCC] won't answer their call. For the 
first time since the creation of broadband, the agency will not take 
responsibility for protecting consumers or competition''. It's been 
more than 3 years since you made this statement. Do you have any 
evidence that your prediction of this ISP behavior actually came true? 
Please be specific.
    Answer. As Chairwoman Rosenworcel said at her November 17 
confirmation hearing, the 2017 net neutrality repeal was broader than 
the bright line rules--it removed FCC oversight over broadband 
entirely. Among other things, that left California firefighters without 
recourse when a broadband company throttled its service during the 
Mendocino complex fire, which at the time was the biggest in state 
history, and left consumers without recourse when Frontier charged 
monthly fees to consumers who bought their own modems. It also resulted 
in some small wireless providers having to slow or halt fiber 
deployment because pole owners either charged higher rates or refused 
to negotiate a rate.
    In addition, researchers at Northeastern University and the 
University of Massachusetts at Amherst reviewed crowdsourced data from 
the Wehe app and found that for mobile Internet service providers in 
the United States, ``we don't see evidence of Internet service 
providers throttling only when the network is busy; as far as we can 
tell, it's 24/7, and everywhere.'' Professor David Choffnes, the lead 
researcher, noted that this throttling created a ``slippery slope,'' 
because ``[t]oday it's video, but what is it going to be tomorrow? When 
Internet service providers decide to take control and make decisions on 
behalf of consumers and/or content providers, what's going to be the 
fallout for those decisions? Is it actually in everyone's best 
interests?''
    It's also important to note that there is ongoing litigation over 
the 2017 repeal, as well as a growing number of states that have passed 
their own net neutrality laws and regulations. California, Colorado, 
Maine, Oregon, Vermont and Washington State have passed net neutrality 
laws and Hawaii, Montana, New Jersey, New York, and Rhode Island have 
put in place net neutrality contracting requirements. As a result, 
broadband providers have been cautious about their business practices.

    Question 5. During the hearing you cited the Verizon-Santa Clara 
fire dispute as a reason to reimpose a Title II classification of 
broadband since, in your view, the situation wouldn't have happened if 
the 2015 net neutrality rules were in place.

  1.  Many have argued that this was a dispute over a data plan. The 
        2015 net neutrality rules allowed for data plans with speed 
        restrictions so long as the company was transparent about the 
        plan. In your view, if the 2015 net neutrality rules had been 
        in place during this issue, would Verizon have violated the 
        throttling rules?

  2.  You've previously cited the ``general conduct rule'' in the 2015 
        net neutrality rules as a means of enforcement in this 
        situation. If a company was in compliance with the throttling 
        rules expressly cited in the 2015 rule, can, in your view, the 
        FCC invoke the ``general conduct rule'' and use their 
        discretion to go beyond those express rules and enforce 
        discretionary violations?

  3.  In your view, are there any limits to the FCC's discretion under 
        the ``general conduct rule?'' If so, what are they?
    Answer. The repeal of the 2015 Open Internet Order, including the 
FCC's relinquishment of its oversight over broadband impacted the Santa 
Clara County Fire Department because the Fire Department had no 
recourse when its broadband was throttled. Indeed, it was a seven-month 
dispute over a data plan that impacted the Fire Department's ability to 
communicate with other public safety entities and the public. But the 
Fire Department had no government entity that it could turn to for a 
resolution of the dispute. Indeed, neither the FCC nor the FTC publicly 
offered its help to resolve the matter after it became national news. 
The FCC's lack of oversight of broadband was more the cause for this 
situation than the lack of bright line net neutrality rules.
    While I did surmise that the general conduct standard might have 
been a tool to resolve this matter, I have been critical of the general 
conduct standard in the past. In an October 2020 paper, I stated that 
the general conduct standard was ``too vague and complicated'' and 
urged that it be replaced with a simple ``unreasonable discrimination'' 
standard similar to that adopted by the FCC in 2011.

    Question 6. The FCC and Congress have long debated expanding the 
pool of who has to pay into the Universal Service Fund (USF). Big Tech 
Companies are one area of industry that has been discussed.

  1.  I know you've previously discussed making big tech companies pay 
        into the USF, but is it your view that we should expand the 
        pool of USF contributors based upon the amount of data that 
        they use on a network? Should autonomous vehicle companies, 
        precision agriculture companies, telehealth services or other 
        emerging technology companies be required to pay into the USF?

  2.  And how, in your view, do you draw the limits on who should pay 
        into the USF?
    Answer. I agree that the USF contribution mechanism needs reform. 
But as I stated at the hearing, an important first step is for the 
Commission to complete the report to Congress required by Section 60104 
of the IIJA to evaluate how the funds in the infrastructure bill impact 
the USF. From there, we can then start the debate on how to move 
forward--whether it is in the Congress or at the Commission--to 
determine the appropriate solution, but all options should be on the 
table.

    Question 7. You have previously urged the FCC to look into whether 
Sinclair, a conservative broadcast group, is ``qualified to be a 
broadcast licensee at all.'' You are also cited as calling Fox News, 
``state-sponsored propaganda, with few if any opposing viewpoints.''

  1.  If confirmed, how can we trust that you would use the FCC's 
        authority to actually act in an independent, unbiased manner?

  2.  And, in your view, what specific authority, if any, does the FCC 
        have to address these particular issues that you identified?
    Answer. I opposed the Sinclair-Tribune merger not because of 
Sinclair's conservative views, but because it would have, in my words, 
``put far too much power over local news and information in the hands 
of one company.''
    It was the FCC under Chair Ajit Pai that effectively blocked the 
merger because it found that ``there was a substantial and material 
fact as to whether Sinclair affirmatively misrepresented or omitted 
material facts with the intent to consummate this transaction without 
fully complying with the media ownership rules.'' I supported that 
decision, and said that, ``[i]f true, this allegation raises a 
legitimate question as to whether Sinclair is fit to be a licensee at 
all, and not just a licensee of Tribune's stations.'' This is 
consistent with the Administrative Law Judge, appointed by then-
Chairman Pai, who said that Sinclair's misrepresentations ``may be so 
fundamental to a licensee's operation that it is relevant to its 
qualifications to hold any station license.''
    My opinions on the Sinclair merger and Fox News were taken as part 
of my job as a public interest advocate. As such, those opinions will 
have no bearing on my actions or decisions as a policymaker if I am 
confirmed. I understand my role will be much different if I am 
confirmed, and I will approach each proceeding involving Sinclair or 
Fox News as I would any proceeding--with an open mind. As required by 
the Administrative Procedure Act, if confirmed, my decisions will be 
based on the totality of the record in a proceeding and the law, along 
with input from staff, my fellow commissioners, and the Members of this 
Committee. I also understand that the FCC's jurisdiction does not 
extend to Fox News and its programming.
    I agree that it is extremely important for policymakers to avoid 
any actual or apparent conflict of interest. On October 26, 2021, I 
signed an ethics agreement with the FCC's Designated Agency Ethics 
Officer. In this agreement, I committed that I would not participate 
``personally and substantially . . .in any particular matter'' 
involving SFCNY ``unless I am first authorized to participate, pursuant 
to 5 C.F.R. Sec. 2635.502(d).''

    Question 8. What are your views on government control/ownership of 
spectrum? Does the Federal government control too much spectrum?

  1.  What do you think about the current state of spectrum decision-
        making, particularly the Federal agencies use of a ``heckler's 
        veto'' to stymie the decisions of the Commission? How would you 
        approach a Federal agency ``heckler's veto?''

  2.  I have a bill called the Government Spectrum Valuation Act, which 
        would require the NTIA (in consultation with the FCC and OMB) 
        to conduct a market valuation of government spectrum 
        allocations. The goal is to assess the ``opportunity cost'' 
        associated with Federal spectrum. Would you support such an 
        effort?
    Answer. It is critical that spectrum coordination between Federal 
agencies be improved to ensure enough spectrum is in the pipeline for 
licensed and unlicensed uses. Updating the FCC-NTIA MOU on Spectrum 
Coordination that establishes clearly defined and agreed upon processes 
for making decisions would be very helpful. Another thing that's needed 
is a national spectrum strategy--NTIA and the FCC should work together 
with industry and the Federal agencies with spectrum interests to 
identify what bands should be targets for commercial use and try to 
resolve technical problems before major decisions are made.

    Question 9. Regarding spectrum coordination, the FCC and the NTIA 
have operated under an MOU that is the main mechanism for coordination 
of spectrum management decisions.

  1.  Is the existing MOU's framework sufficient for today's spectrum 
        coordination between the FCC and NTIA?

  2.  Do you think the MOU needs to be updated? If so, how?
    Answer. I believe that the MOU should be updated. In many of my 
meetings with Senators and staff during the confirmation process, I 
have talked about the need for better spectrum coordination between 
agencies and for a national spectrum strategy that identifies what 
bands should be targets for commercial use and try to resolve technical 
problems before major decisions are made. I have also recommended the 
creation of an interagency spectrum engineering task force where 
engineers from different agencies could work out technical issues and 
provide that information to the policymakers before final decisions are 
made.

    Question 10. In your view is the Interdepartment Radio Advisory 
Committee (IRAC) operating efficiently? In your view, is there room for 
improvement in the IRAC process? If so, how?
    Answer. The IRAC should serve as a critical tool to ensure sound 
government-wide spectrum management decisions are reached efficiently 
as NTIA develops spectrum allocation and management policies for 
Federal government spectrum use. It is vital that the IRAC work 
quickly, collaboratively, and focus on sound radio engineering. Over 
the years, there have been a number of examples where the IRAC process 
seems to have fallen short of these goals.
    I understand that there is bipartisan consensus in Congress and at 
the FCC that updating the Memorandum of Understanding (MOU) that guides 
the spectrum coordination processes between the FCC and NTIA could help 
improve the government's spectrum decision-making. If confirmed, I 
would welcome an opportunity to work with your office on efforts to 
revise the MOU and to improve the workings of the IRAC.

    Question 11. Do you have any concerns about Chinese influence at 
the International Telecommunication Union (ITU)?

  1.  Does China's influence at the ITU have implications for setting 
        global standards for telecommunications?

  2.  As a Commissioner of the FCC, what priorities do you have to 
        prevent Chinese control of the ITU?
    Answer. I understand there are concerns about China manipulating 
the ITU process. I agree with Chairwoman Rosenworcel that the 
Commission should prioritize its participation in standards making 
organizations to ensure that they operate as intended. If confirmed, I 
look forward to learning more about these issues and working with your 
office on ways to address these concerns.

    Question 12. Our current video marketplace is governed by Title VI 
of the Communications Act and it dates mostly back to laws passed in 
1992. But technology has changed since 1992 and now the wire used to 
bring video also brings broadband to American households.

  1.  Should Title VI be modernized to reflect current technologies?

  2.  Is there a relationship between effective broadband deployment to 
        urban and rural areas with Title VI reform?
    Answer. I agree that Title VI of the Communications Act should be 
reviewed and modernized to better reflect the current video 
marketplace. However, it is unclear how such reform could impact 
broadband deployment. If confirmed, I would be interested in learning 
more and working with you on the issue.

    Question 13. Conducting cost-benefit analyses for proposed 
regulations has been a practice undertaken by agencies under both 
Democrat and Republican Administrations.

  1.  Please explain your views on the use of cost-benefit analysis 
        when considering proposed regulations. Should all FCC 
        regulations be considered with a cost-benefit analysis?

  2.  If regulatory costs outweigh the benefits, should that be a 
        determining factor that prevents the FCC from moving forward 
        with a proposed regulation?
    Answer. Across Democratic and Republican administrations, the FCC 
has conducted cost-benefit analyses along with public interest analyses 
as Congress has instructed the Commission to do under the 
Communications Act. In addition, the Commission's public comment 
process allows for stakeholders to engage on these issues and help 
inform the Commission's understanding of the impact of its rules. The 
Commission has rules that direct the Office of Economics and Analytics 
to perform an analysis where the potential impact of a rulemaking would 
have ``an annual effect on the economy of $100 million or more.'' If 
confirmed, I intend to balance cost-benefit as well as the public 
interest to ensure that the Commission fulfills its mission to ensure 
that all Americans have access to communications services.

    Question 14. Should agencies exercise only power that Congress 
expressly gives?

  1.  Absent that ``express delegation'' should agencies exercise 
        restraint in rulemaking or is allegedly ambiguous language an 
        opportunity for rulemaking?

  2.  Regulations that are highly prescriptive can create a higher 
        regulatory compliance burden, which hits harder on smaller 
        companies with fewer resources. What is your opinion on the 
        relationship between rules and the ability for market 
        incumbents to use them to insulate themselves from competition?
    Answer. While it is usually preferable that Congress be explicit in 
its statutory direction, there likely will be instances where an agency 
must rely on its expertise to interpret the intent of Congress. 
Ultimately, any policy decision will need to be based on the agency's 
statutory authority and subject to the appropriate notice and comment.
    As I noted in my testimony, I believe that markets work best when 
there is vigorous competition. Federal policies that promote 
competition are always superior to heavy-handed behavioral or price 
regulation, which is why I have always supported policies that lower 
barriers to entry and minimize gatekeeper power.

    Question 15. Section 706 of the Telecommunication Act of 1996 
requires the FCC to do an annual notice of inquiry regarding the 
reasonable and timely deployment of advanced telecommunications 
capability to all Americans.

  1.  What does ``advanced telecommunications capability'' mean to you?

  2.  What does ``a reasonable and timely fashion'' mean to you?

  3.  If the FCC determines that there isn't ``advanced 
        telecommunications capability being deployed to all 
        Americans'', the Commission is authorized to take ``immediate 
        action to accelerate deployment of such capability.'' Are there 
        any limits to the authorities that the FCC can exercise under 
        this section? If so, what are they?
    Answer. ``Advanced telecommunications capability'' takes into 
account the latest applications and services and assesses whether a 
telecommunications infrastructure is able to utilize them.
    Several last mile access connections are adequate to handle the 
latest generation of applications and services and should be considered 
``advanced telecommunications capable.'' However, capacity constrained 
legacy infrastructure, such as decades old copper DSL that does not 
even meet the 2015 Federal definition of broadband, should not be 
considered ``advanced telecommunications capable.''
    The meaning of ``reasonable and timely fashion'' should reflect 
Federal and state investment efforts to connect all people as well as 
take into account ISP deployment decisions primarily in rural areas. 
For example, the Infrastructure Investment and Jobs Act (IIJA) 
establishes a timeline of 4 years (subject to extensions) for full 
deployment of long-term infrastructure with its $42.45 billion 
deployment fund. This deployment timeline reflects the average amount 
of time a new network takes to fully deploy from a motivated provider.
    However, the FCC's authority to exercise power in this section has 
its limits. For example, the Sixth Circuit made clear that the FCC 
cannot preempt state laws that restrict the expansion of municipal 
fiber under its Section 706 authority. So even if an area is found to 
be both lacking ``advanced telecommunications capable'' infrastructure 
and will not receive it in a ``reasonable and timely fashion,'' the 
court has found that other authorities such as state power can limit 
the FCC's reach.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Ron Johnson to 
                              Gigi B. Sohn
    Question 1. Reports indicate that you want to replace the Restoring 
Internet Freedom Order with a regulation even stronger than the Open 
Internet Order.

  1.  What specific regulations do you think need modification and how?

  2.  What effect do you think more regulation would have on broadband 
        investment and deployment, foster innovation, and ultimately 
        close the digital divide?
    Answer. Should the Chairwoman move forward with a proceeding to 
adopt net neutrality rules and reclassify broadband Internet access 
providers as a Title II telecommunications service, the Commission 
would have to start a new proceeding that will look at changes in, 
among other things, technology, how consumers use the Internet, and 
business practices. If confirmed, I would look at the totality of the 
record and the law and come to a conclusion with input from staff, my 
fellow commissioners and members of this Committee about the proper 
scope of net neutrality rules and forbearance from Title II 
obligations.
    Research studies, SEC filings, earnings reports and the comments of 
ISP executives themselves demonstrate that the 2015 Open Internet Order 
had no effect on broadband investment. Investment decisions are based 
on a wide variety of factors including technological advancement, the 
economy and the level of competition in a market. Thus, I would expect 
that whatever the FCC does in a net neutrality proceeding would have no 
impact on investment.

    Question 2. Do you believe the FCC has the authority to consider 
the political views of a provider or the content broadcast by a 
provider when making license and regulatory decisions? If no, do you 
think it should have such authority? Please explain why or why not.
    Answer. No. The FCC's authority is limited by the First Amendment 
and Section 326 of the Communications Act.

    Question 3. In 1987, the FCC revoked the Fairness Doctrine on the 
grounds that it violated the First Amendment and restricted democratic 
debate. Since then, the number of talk radio and broadcast TV programs 
grew exponentially. However, some on the left advocate for its 
resurgence. Do you believe the Fairness Doctrine should be restored in 
part or in whole or be applied even more broadly? Please explain why or 
why not.
    Answer. I do not believe the Fairness Doctrine should be restored 
or expanded. It makes no sense given the current media landscape.

    Question 4. What do you believe is the best way to ensure the FCC's 
independence from political influences?
    Answer. In the Communications Act of 1934, Congress deemed the 
Commission an independent agency and incorporated key structural 
elements into the agency's design to ensure independence from political 
influences. These structural elements include the size of the 
Commission, the length of the Commissioner terms, the fact that terms 
lapse on a staggered basis, and the requirement that Commissioners must 
be confirmed by the Senate. Congress also established that no more than 
a simple majority of the Commission's membership could come from one 
party, effectively ensuring bipartisanship in the Commission's 
membership. Thanks to this congressional design, the Commission is less 
susceptible to outside political influence than it would be in the 
absence of these safeguards.
    I know that you have long been a champion of rooting out undue 
political influence in independent agencies. If confirmed, I commit to 
maintaining the independence of the agency.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Shelley Moore Capito to 

                              Gigi B. Sohn
    Question 1. How do we speed up deployment in my state to hit 100 
percent served?
    Answer. We need a coordinated and cooperative approach among 
federal, state, and local officials and interests to ensure that every 
West Virginian has the ability to access a robust, scalable, broadband 
network and the means to purchase that service, which is so critical to 
meeting their daily needs. If confirmed, I am committed to working with 
federal, state, and local partners to meet West Virginia's needs.

    Question 2. What can the FCC do to make sure recipients of 
Universal Service Fund (USF) support are qualified and are deserving of 
the funding they receive?
    Answer. I think the FCC must take four steps to ensure that 
recipients of USF support are qualified and deserving of the funding 
they receive. First, the FCC must conduct serious due diligence to 
ensure that possible recipients have the technical, operational, and 
financial expertise to build the promised networks. Second, the FCC 
must conduct oversight to ensure that the promised networks are being 
built. This includes not only requiring progress reports from the 
recipients, but actually visiting the sites where networks are being 
built. Third, the FCC must hold those who do not build promised 
networks accountable. This accountability must include more than 
fines--it must include requiring a defaulting entity to remit the USF 
funds and prohibiting that entity from participating in the next round 
of funding. Fourth, the FCC must coordinate with NTIA, USDA, and other 
agencies that fund broadband to ensure that the programs are 
complementary and consistent with the law, and that they direct funding 
to appropriate areas without unnecessary duplication.

    Question 3. Big tech makes a lot of money off advertising over 
broadband networks. What are your thought on requiring them to help pay 
for the deployment of high-speed broadband?
    Answer. I agree that the USF contribution mechanism needs reform. 
But as I stated at the hearing, an important first step is for the 
Commission to complete the report to Congress required by Section 60104 
of the IIJA to evaluate how the funds in the infrastructure bill 
impacts the USF. From there, we can then start the debate on how to 
move forward--whether it is in the Congress or at the Commission--to 
determine the appropriate solution, but all options should be on the 
table. Some of those options, including requiring Big Tech to pay into 
the universal service fund, would necessitate Congressional action to 
give the FCC the authority to require them to pay.

    Question 4. What are your thoughts on the progress of updating the 
FCC broadband maps? Once completed, how do we keep them up to date?
    Answer. If confirmed, I intend to work side-by-side with Chairwoman 
Rosenworcel and other Commissioners to ensure that the FCC's maps are 
produced accurately and expeditiously. I am delighted that the FCC has 
recently entered into a contract for the broadband serviceable location 
fabric, which indicates where broadband can be deployed. The next 
challenge is to obtain the data from broadband providers which 
indicates where broadband is currently deployed. I would like to assist 
in obtaining this critical information from the providers in an 
expeditious manner should I be confirmed.

    Question 5. Unlicensed and shared spectrum is crucial to advancing 
innovation and entrepreneurship. What's next from your perspective in 
supporting innovation in unlicensed and shared bands?
    Answer. The United States has remained the world leader in 
unlicensed and shared spectrum innovation and must continue to do so 
going forward. In the short term, there are several rulemakings already 
in progress at the Commission that could expand available unlicensed 
and shared spectrum for WiFi 6 and WiFi 6e and could enhance the 
ability of rural wireless ISPs and Native American Tribes to provide 
broadband in their communities.
    Longer term, I fully support Chairwoman Rosenworcel's repeated 
calls for the FCC and Congress to develop a ``pipeline'' for unlicensed 
and shared spectrum that will meet the ever-increasing demand for 
expanded WiFi, rural broadband, and IoT spectrum. If confirmed, I look 
forward to working on these issues, recognizing that it is also 
important to protect existing licensed users from interference, and to 
ensure adequate exclusive licensed spectrum for 5G and future 6G 
expansions.

    Question 6. Many communities in my state, have had to forego other 
Federal funding opportunities that would allow for more rapid broadband 
deployment to unserved areas because certain census blocks were 
included in an RDOF bid. What are potential Federal remediation efforts 
for rural areas in my state that were included in an RDOF census block 
but are also eligible for other types of Federal support?
    Answer. The decision by the FCC under the former Chairman to 
restrict access to other funding streams for participants in the RDOF 
program has perplexed me. The goal is to get people connected to this 
essential service and to do so quickly. If confirmed, I look forward to 
working with my colleagues on this and related issues.

    Question 7. In late June, the FCC, NTIA, and USDA all entered into 
an interagency agreement to coordinate broadband funding deployment. In 
your experience--can you speak to the effectiveness of these 
interagency agreements? Do you have thoughts on how to beef up 
coordination between agencies to ensure the efficient use of taxpayer 
money to deploy broadband in West Virginia?
    Answer. In my experience, interagency coordination can not only 
help the agencies involved achieve their purpose, but it can help the 
people and entities seeking to promote broadband access and inclusion 
efforts ensure that they are aware and availing themselves of the 
opportunities that Congress has established.
    Of course, key to the success of this coordination effort, 
particularly as it relates to West Virginia, is for the FCC to complete 
the broadband maps as quickly as possible so the funding included in 
the Infrastructure Investment and Jobs Act can begin to get broadband 
to these communities. Inaccurate maps have meant that West Virginia 
residents have gone unserved with this essential service. Your 
leadership on mapping over the years has resulted in a real opportunity 
to get the map right. Those maps will help ensure that the funding 
currently allocated to the NTIA and USDA are well targeted.
    Once there is a sound map available, I think regular meetings 
between not only the heads of the agencies, but also at the staff level 
will help identify potential challenges early in the process, so they 
can be addressed before they become problems. If confirmed, I would be 
pleased to assist the Chairwoman in any way she deems best to help 
promote meaningful coordination based on regular meetings with others 
at these important agencies.

    Question 8. What are your thoughts regarding tech neutrality in 
terms of Federal dollars being spent? Is there a particular form of 
broadband delivery that should take priority?
    Answer. The objectives of the Infrastructure Investment and Jobs 
Act (IIJA) lay out that Congress wants broadband infrastructure that 
can ``easily scale,'' ``meet the evolving connectivity needs of 
households and businesses,'' and ``support the deployment of 5G, 
successor wireless technologies, and other advanced services.'' I agree 
with these objectives.
    In order to make these assessments, it is critical for the Federal 
government to rely on objective technical analysis by engineers to 
ensure the best use of Federal funds to maximize long term value to 
communities. Many Members of Congress, led by Senators Thune and 
Klobuchar, have weighed in with the FCC to improve its assessments of 
projects that seek Federal dollars and to scrutinize the technical 
capabilities of applicants before Federal dollars are given out. I 
completely agree.

    Question 9. What role do you see low earth orbit satellite 
constellations playing in the short term and long term as far as 
providing sufficient service in a mountainous and heavily forested 
state like West Virginia?
    Answer. The purpose of lowering the orbit of these satellites was 
to improve the latency of satellite broadband delivery. However, the 
drawback of this approach is that it requires the base station to 
``see'' the satellite at a lower point on the horizon. This means that 
mountainous and heavily forested areas--like those in West Virginia--
are more difficult for base stations to operate as opposed to more open 
and flatter rural areas. However, I remain confident that the Federal 
investment in infrastructure under the Infrastructure Investment and 
Jobs Act makes traditional on the ground infrastructure feasible even 
in the most difficult to serve areas.

    Question 10. The Internet ecosystem continues to grow, with more 
broadband providers who are also recipients of government broadband 
funding. This trend is likely to accelerate considerably as NTIA and 
the states begin the award infrastructure funds for broadband network 
deployment. However, the recipients of government funding can be 
subject to vastly different regulations depending on their 
characterization or their historical designation as an incumbent LEC--
e.g., pole rates, labor requirements, tax laws, service requirements, 
legacy telephone obligations, and legacy cable obligations. These 
varying regulations have real impacts on their deployment, operating 
costs, and competitiveness. Should the government create more parity 
amongst the recipients of government funds in the interest of 
facilitating network modernization, broadband deployment and creating a 
more competitive market?
    Answer. I believe that the FCC should do what it can under the law 
to create parity and ensure that robust, scalable broadband networks 
are deployed and available to every consumer and business across the 
Nation. However, there may be limitations to what the FCC can achieve 
without Congress addressing some of the disparate requirements. For 
example, Section 224 of the Communications Act grants access to poles 
in certain situations but does not apply uniformly to all poles across 
the Nation. Moreover, the provision that grants access to certain poles 
is currently limited to only telecommunications carriers and cable 
providers. The FCC currently is limited in its pole attachment 
jurisdiction to ensure broadband deployment across the nation, and if 
confirmed, I would very much look forward to working with you and your 
office to further engage on this issue.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. Rick Scott to 
                              Gigi B. Sohn
    Question 1. You played a role in creating the 2015 Net Neutrality 
Rule during your time as a staff member at the FCC, which was rescinded 
under former FCC Chairman Pai because it caused broadband investment to 
decline and stifled innovation.

  1.  You claim this rule recension has made consumers worse off--how 
        so?

  2.  If confirmed, would you work to reinstate that rule?

  3.  If so, would you craft it any differently than the 2015 rule?
    Answer. As Chairwoman Rosenworcel said at her November 17 
confirmation hearing, the 2017 net neutrality repeal was broader than 
the bright line rules--it removed FCC oversight over broadband 
entirely. The COVID-19 pandemic demonstrated that broadband is an 
essential service and consumers are worse off when there is no 
government oversight over an essential service.
    Among other things, the FCC's relinquishment of its oversight left 
California firefighters without recourse when a broadband company 
throttled its service during the Mendocino complex fire, which at the 
time was the biggest in state history, and left consumers without 
recourse when Frontier charged monthly fees to consumers who bought 
their own modems. It also resulted in some small wireless providers 
having to slow or halt fiber deployment because pole owners either 
charged higher rates or refused to negotiate a rate.
    In addition, researchers at Northeastern University and the 
University of Massachusetts at Amherst reviewed crowdsourced data from 
the Wehe app and found that for mobile Internet service providers in 
the United States, ``we don't see evidence of Internet service 
providers throttling only when the network is busy; as far as we can 
tell, it's 24/7, and everywhere.'' Professor David Choffnes, the lead 
researcher, noted that this throttling created a ``slippery slope,'' 
because ``[t]oday it's video, but what is it going to be tomorrow? When 
Internet service providers decide to take control and make decisions on 
behalf of consumers and/or content providers, what's going to be the 
fallout for those decisions? Is it actually in everyone's best 
interests?''
    It's also important to note that there is ongoing litigation over 
the 2017 repeal, as well as a growing number of states that have passed 
their own net neutrality laws and regulations. California, Colorado, 
Maine, Oregon, Vermont and Washington State have passed net neutrality 
laws and Hawaii, Montana, New Jersey, New York, and Rhode Island have 
put in place net neutrality contracting requirements. As a result, 
broadband providers have been cautious about their business practices.
    My support for reinstating FCC oversight of broadband and net 
neutrality rules is well-known. Should the Chairwoman move forward with 
a proceeding to adopt net neutrality rules and reclassify broadband 
Internet access providers as a Title II telecommunications service, the 
Commission would have to start a new proceeding that will look at 
changes in, among other things, technology, how consumers use the 
Internet, and business practices. If confirmed, I would look at the 
totality of the record and the law and come to a conclusion with input 
from staff, my fellow commissioners and members of this Committee about 
the proper scope of net neutrality rules and forbearance from Title II 
obligations.

    Question 2. Your former employer, Locast, is currently under a 
court injunction that restrains Locast from broadcasting after a court 
concluded it was violating the law by streaming TV station signals 
without negotiating payment from those broadcasters.

  1.  Can you describe your role at the company and any involvement in 
        this issue?

  2.  If confirmed, do you believe you can credibly regulate an 
        industry from which the company you were involved with is 
        banned?
    Answer. Locast was a nonprofit service that provided local 
broadcast signals to people who couldn't receive them, including many 
in rural areas of the country. It relied on a copyright exemption (17 
USC Sec.111(a)(5)) for nonprofits and in a case of first impression, a 
District Court judge ruled that Locast was not entitled to that 
exemption. While the District Court Judge found that the statutory 
copyright exemption didn't apply, he never ruled on final liability. I 
was not employed by Locast or its parent nonprofit organization, Sports 
Fan Coalition NY, Inc. (SFCNY). I served without compensation on the 
Board of SFCNY.
    In my role as an SFCNY Board member, I participated in quarterly 
Board meetings. In those meetings I reviewed financial statements and 
plans to expand the service. I was also involved in the decision to 
shut the service down after the District Court ruling that Locast did 
not qualify for the copyright exemption.
    If I am confirmed, I will approach each proceeding involving 
broadcasters as I would any proceeding--with an open mind. As required 
by the Administrative Procedure Act, if confirmed, my decisions will be 
dictated by the totality of the record in a proceeding and the law, 
along with input from staff, my fellow commissioners, and the Members 
of this Committee. I will note, however, that the FCC's jurisdiction 
does not extend to Fox News and its programming.
    I agree that it is extremely important for policymakers to avoid 
any actual or apparent conflict of interest. On October 26, 2021, I 
signed an ethics agreement with the FCC's Designated Agency Ethics 
Officer. In this agreement, I committed that I would not participate 
``personally and substantially . . .in any particular matter'' 
involving SFCNY ``unless I am first authorized to participate, pursuant 
to 5 C.F.R. Sec. 2635.502(d).''

    Question 3. Some of your previous tweets have been described as 
``hyper partisan,'' including one tweet where you stated that Fox News 
is ``state sponsored propaganda'' and insinuated that a conservative 
leaning media outlet, Sinclair, did not deserve its broadcast licenses.

  1.  Do you still stand by these statements?

  2.  If confirmed, how would you define ``misinformation''?

  3.  If confirmed, as the FCC has authority over broadcast licenses, 
        among other regulations that impact content, how are Americans 
        supposed to trust in your ability not to favor enhanced 
        censorship of certain opinions or speech with which you may 
        personally disagree?

  4.  In a March 25, 2020 tweet you stated, ``how sad that their 
        ideology has overtaken their duty 2 serve their constituents'' 
        describing Senate Republicans. Could not the same statement be 
        used against you given that you are now nominated to serve on a 
        commission that represents American taxpayers?

  5.  How can American citizens trust that you will put aside your 
        ideologies, and serve objectively and in the best interests of 
        Americans?
    Answer. As I told Senator Cruz at the December 1 hearing, I believe 
that I have been unfairly characterized as wanting to censor 
conservative voices. Indeed, my record indicates otherwise. I spent 
years helping conservative cable networks like Newsmax, Wealth TV (the 
predecessor to OANN), and the Blaze get access to cable subscribers 
when cable systems wouldn't carry them. That's why the CEO of Newsmax 
and the President of OANN, along with other conservatives, support my 
confirmation.
    I opposed the Sinclair-Tribune merger not because of Sinclair's 
conservative views, but because it would have ``put far too much power 
over local news and information in the hands of one company.''
    It was the FCC under Chair Ajit Pai-that effectively blocked the 
merger because it found that ``there was a substantial and material 
fact as to whether Sinclair affirmatively misrepresented or omitted 
material facts with the intent to consummate this transaction without 
fully complying with the media ownership rules.'' I supported that 
decision, and said that ``[i]f true, this allegation raises a 
legitimate question as to whether Sinclair is fit to be a licensee at 
all, and not just a licensee of Tribune's stations. This is consistent 
with the Administrative Law Judge, appointed by then-Chairman Pai, who 
said that Sinclair's misrepresentations ``may be so fundamental to a 
licensee's operation that it is relevant to its qualifications to hold 
any station license.''
    I also think it is unfair to characterize my tweets as 
``hyperpartisan.'' While unsurprisingly I am generally more inclined to 
agree with Democrats on policy, I have on many occasions publicly 
praised or expressed agreement with Republicans. In just over the past 
year, I have praised or publicly agreed with, among others, Senators 
Wicker, Moran, Sasse, Romney, Portman, Cornyn, Kennedy, Murkowski and 
Hawley and Representatives Issa and Scalise.
    I understand there have been some concerns raised regarding my 
tweets. I have always worked to address policy matters and not engage 
in personal attacks. For example, the March 25, 2020 tweet was about 
opposition to allowing E-Rate funding for home connections during the 
beginning of the COVID-19 pandemic.
    I worked in government previously and understand that my role will 
be much different if I am confirmed. My decisions will be dictated by 
the totality of the record in a proceeding and the law, along with 
input from staff, my fellow commissioners, and members of this 
Committee. Having been in government I know its core values--
responsiveness, transparency, integrity--and that's what you'll get 
from me if I am confirmed.

    Question 4. Do you believe the government should regulate Internet 
rates?
    Answer. No.

    Question 5. As Congress gives out billions of new funding to build 
out broadband through the USDA, NTIA, and the FCC, if confirmed, how do 
you plan on ensuring that the dollars the Federal government spends on 
broadband buildout is not riddled with fraud, waste, and abuse?
    Answer. I think the FCC must take four steps to ensure that funds 
for broadband deployment are spent efficiently and effectively. First, 
the FCC must conduct serious due diligence to ensure that possible 
recipients have the technical, operational and financial expertise to 
build the promised networks. Second, the FCC must conduct oversight to 
ensure that the promised networks are being built. This includes not 
only requiring progress reports from the recipients, but actually 
visiting the sites where networks are being built to ensure that they 
are indeed being built as promised. Third, the FCC must hold those who 
do not build promised networks accountable. This accountability must 
include more than fines--it must include requiring a defaulting entity 
to remit the USF funds and prohibiting that entity from participating 
in the next round of funding. Fourth, the FCC must coordinate with 
NTIA, USDA, and other agencies that fund broadband to ensure that the 
programs are complementary and consistent with the law, and that they 
direct funding to appropriate areas without unnecessary duplication.

    Question 6. A number of private companies are investing in 
satellite broadband solutions. Do you believe private investment in 
satellite Internet could eventually reduce or replace the need for 
government-funded broadband buildout?
    Answer. It is unclear that satellite broadband will replace the 
need for public investments in broadband infrastructure. In fact, the 
FCC under the Rural Development Opportunity Fund invested $886 million 
into Starlink, indicating that even satellite broadband will require 
public investments. There are also challenges with satellite broadband 
that do not make it a replacement for traditional fiber-based 
deployment. That said, satellite broadband is a useful tool in reaching 
the absolute hardest and most difficult areas to connect and will serve 
key policy goals of ubiquitous wireless connectivity.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Cynthia Lummis to 
                              Gigi B, Sohn
    Question 1. As you know, the country that wins the 5G race will 
determine the standards and security of 5G infrastructure throughout 
the globe and will lead in new technologies and services. We are in 
jeopardy of losing the 5G race and need mid-band spectrum to launch 
ahead of our competition. It is critical the Commission study this band 
closely and get the policy right. Will you commit to move quickly to 
establish new 12 GHz rules if you find coexistence is possible between 
terrestrial and satellite users in the band?
    Answer. As I stated at the hearing, 5G is going to be a 
transformative technology. I agree that the Commission should study the 
12 GHz band issues before moving forward. If confirmed, I look forward 
to reviewing the record of the proceeding.

    Question 2. Recently Acting Chairwoman Rosenworcel confirmed to 
this committee that she is opposed to rate regulation of service 
providers. Do you agree with her stance on this issue?
    Answer. Yes.
                                 ______
                                 
    Response to Written Question Submitted by Hon. Amy Klobuchar to 
                               Jed Kolko
    Census Bureau. If confirmed as Under Secretary of Commerce for 
Economic Affairs, you would also be responsible for helping to oversee 
the Census Bureau. Data gathered by the Census Bureau through the U.S. 
Census plays a vital role in allocating funding for health care, 
housing, education, and infrastructure.

    Question. If confirmed, what steps will you take to ensure the data 
and estimates released by the Census Bureau are accurate, reliable, and 
accessible?
    Answer. Accurate, reliable, and accessible Census Bureau data are 
essential for allocating funding across many areas, for developing and 
administering a wide range of policies, and for research in many 
fields. At the same time, the Department and the Census Bureau are 
legally and ethically obligated to protect the privacy and 
confidentiality of the people and businesses that respond to its 
surveys and data collections.
    If confirmed, I will take several steps to ensure accuracy, 
reliability, accessibility, and confidentiality. First, I will rely on 
the expertise of Census career staff. Second, I will work with 
stakeholders to understand how they use Census data and what challenges 
they face in accessing data. Third, I will work with staff to explore 
ways of making data usable for the whole range of stakeholders, whether 
they want just the highlights of a press release or want to download 
detailed data. Fourth, I will support and amplify research by Census 
staff and outside users that demonstrates best practice in using Census 
data. Finally, I will support the Census Bureau in ensuring that all of 
this work is done with the privacy and confidentiality of people and 
businesses in mind.
                                 ______
                                 
  Response to Written Questions Submitted by Hon. Raphael Warnock to 
                               Jed Kolko
    Labor Markets and Localized Data. Earlier this month, Georgia's 
Department of Labor reported that the state's unemployment rate is now 
at 3.1 percent. This is the lowest rate in the state's recorded 
history. We've had historic job growth nationwide, with an employment 
recovery that is still going strong. But small businesses in Georgia 
continue to tell me they're having difficulty hiring, while the labor 
force overall is still not what it was prior to the pandemic. Moreover, 
we may need more localized data because the labor market may look very 
different in Valdosta or Rome, Georgia than it does in Atlanta or 
Savannah, Georgia.

    Question 1. Based on your years studying labor markets, what are 
the remaining sticking points regarding labor market recovery?
    Answer. The labor market has made great strides since the worst of 
the pandemic, but the recovery is far from complete. In many service 
sectors like arts & entertainment and travel & tourism, labor demand 
still lags. At the same time, labor demand is strong in sectors that 
produce and transport goods because consumer spending shifted from 
services to goods during the pandemic.
    On the labor supply side, many factors are holding back people from 
working, including concerns about getting COVID-19 at work and 
financial cushions that were built by some people during the pandemic. 
Together, these labor supply and labor demand issues have created the 
unusual situation where employment is far below pre-pandemic levels yet 
the number of unemployed people per job opening is very low.

    Question 2. What areas of economic analysis do you think should be 
given more emphasis as we continue to recover from COVID-19?
    Answer. Several areas of economic analysis are particularly 
important as we recover from COVID-19.
    First, consumer spending shifted from services to goods during the 
pandemic, as people cut back on in-person activities that put them at 
risk for the virus. This reduced service-sector employment while 
contributing to supply-chain challenges in producing and transporting 
goods.
    A shift in spending back from goods to services would be an 
important indicator that pandemic stresses on the economy will ease.
    Second, inflation and wage growth are high, reflecting strong 
demand and limited supply for many goods and services, as well as 
challenges many firms face in finding workers. Wage gains have been 
especially strong in some traditionally low-wage sectors, but inflation 
is raising costs for consumers and businesses. Understanding the impact 
and likely path of wage growth and inflation is particularly important 
right now.
    Third, the effects of the pandemic were and remain uneven. Some 
people and places were hurt much more than others. Economic analysis 
that focuses on especially hard-hit groups--like mothers of younger 
children, and lower-wage service workers in places where leisure & 
hospitality spending fell most--will reveal whether the recovery is 
broad-based and widely shared.

    Question 3. Will you commit to providing as much analysis as 
possible at the state and regional level, so that I can ensure that 
economic policies are effective in helping Georgia businesses and jobs 
grow?
    Answer. Yes. If confirmed, I will commit to providing as much as 
analysis as possible at the state and regional levels. Current economic 
conditions and underlying economic fundamentals vary widely, both 
across states and across regions within states. It's critical to 
supplement national analyses with state and regional analysis whenever 
possible.
                                 ______
                                 
  Response to Written Questions Submitted by Hon. Marsha Blackburn to 
                               Jed Kolko
    Question 1. The importance of data cannot be understated. 
Businesses cannot function if they do not have the numbers to aid and 
guide their decision-making. In your testimony, you specifically 
highlight that one of your goals will be to ``support and enhance our 
statistical infrastructure.'' How do you plan to leverage your 
background to encourage the use of new technology, such as artificial 
intelligence and machine learning, to promote better statistical 
modeling and improve accuracy?
    Answer. Federal statistics are essential for businesses making 
decisions about hiring, production, and strategy. My own background 
includes developing proprietary indicators and using them alongside 
public data to analyze the economy.
    If confirmed, one way I will leverage this experience is to support 
approaches to incorporating private-sector data and administrative 
sources into public statistics. Federal statistics already incorporate 
some private-sector data, which are a valuable complement though not a 
substitute for established public data products.
    If confirmed, another way I will leverage my experience is to work 
with outside stakeholders and experts--including from the private 
sector--to get input and feedback about methodology and usability of 
Federal statistics.

    Question 2. The COVID-19 pandemic created an economic upheaval that 
changed the trajectory of millions of people and businesses. It caused 
many business owners to rethink their businesses and caused many 
business owners to reconsider whether their current career path was the 
correct one for them. This upheaval led to many taking a leap of faith 
to start new businesses. In your testimony, you highlight the 
importance of supporting commercial activity as we emerge from the 
pandemic. You also highlight the difficulties that many are 
experiencing as the economy recovers. As we continue to emerge from the 
pandemic, how do we encourage small and medium business growth and 
support entrepreneurs taking a leap of faith to follow this path?
    Answer. During the pandemic, new businesses formed at a fast pace, 
according to the Census Bureau's Business Formation Statistics. To 
encourage and support new businesses and entrepreneurs, quality 
economic data are crucial. Providing timely and clear data on labor 
markets, prices, and the existing business landscape can help new 
businesses and entrepreneurs make strategic decisions. Small and medium 
sized businesses and entrepreneurs often serve local markets, so local 
economic data are especially important for them. If confirmed, I will 
work closely with the Department's Economic Development Administration 
(EDA), other Department bureaus, the Small Business Administration 
(SBA), and other agencies to make sure they have data they need to 
support small and medium sized businesses and entrepreneurs.

    Question 3. Economic development is vital to our country's future. 
However, as our country continues to grow, many rural areas are 
experiencing a drain of youth who are leaving to move to highly 
populated areas where they are more likely to find good-paying jobs. 
When I speak with local mayors and stakeholders, this issue is one of 
their top priorities to solve. What, in your opinion, is the biggest 
barrier to rural economic development? How do you plan to leverage your 
position to highlight this issue and promote economic development in 
rural America?
    Answer. Regional inequalities have widened in America, especially 
between urban and rural areas. Although the pandemic temporarily 
changed patterns of industry growth, the longer-term trend is that job 
growth has been slower in important sectors that are more concentrated 
in rural areas and smaller cities, like agriculture and manufacturing, 
than in sectors that tend to cluster in larger metropolitan areas.
    If confirmed, I hope to spotlight local data and regional 
differences, and to highlight the diversity across rural America and 
the range of challenges and opportunities that rural areas have. While 
there are strategies, like broadband investment, that would benefit 
rural America widely, rural areas are not all the same. Many rural 
areas have assets, like tourist attractions, a college or university, 
good transportation access, or a military base, that can be leveraged 
as part of a tailored economic development strategy. Data and analyses 
that focus on rural areas can show how rural areas differ 
systematically from urban areas, but also how much variation and 
opportunity there is among rural areas themselves.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. Rick Scott to 
                               Jed Kolko
    Question 1. The statistical data provided by the Bureau of Economic 
Analysis is extremely valuable for policy makers and the American 
public. How do you plan on keeping the gathering and disbursement of 
this data free from political influences or agendas?
    Answer. If confirmed, one of my highest priorities will be 
supporting the integrity and independence of America's statistical 
agencies, and to uphold stakeholders' trust in these data. Especially 
during the pandemic, Bureau of Economic Analysis (BEA) data have been 
essential for understanding shifts in economic activity. I will rely on 
the expertise of career staff at the Bureau for key decisions and look 
to outside experts and stakeholders for candid input and feedback. As a 
lifelong user of Federal data and a creator of proprietary data, I know 
how valuable data integrity is and how it must be continuously 
protected and cultivated.
                                 ______
                                 
    Response to Written Question Submitted by Hon. Amy Klobuchar to 
                            Alan B. Davidson
    Next Generation 9-1-1. The Senate reconciliation bill includes $500 
million for modernizing the Nation's 9-1-1 systems and related 
upgrades.

    Question. If confirmed, what are your key priorities related to 
modernizing the 9-1-1 system?
    Answer. Far too many 911 centers still use legacy technology that 
risks creating a major gap in our Nation's emergency communications 
ecosystem. If confirmed, my key priorities for implementing Next 
Generation 911 (NG911) in Emergency Communications Centers or 911 
centers across the Nation will include: ensuring interoperability so 
that 911 centers can seamlessly share data and transfer calls with each 
other; supporting technology with robust cybersecurity; providing 
resiliency for 911 centers; and allowing the public to send multimedia 
and data to 911 so that public safety can more effectively respond to 
calls for service.
    Unfortunately, my understanding is that the limited funding level 
in the proposed Next Generation 911 grant program in the current text 
of the Build Back Better Act is unable to modernize all 911 centers 
across the United States--but would be an important starting point 
including crucial NG911 requirements and definitions.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Kyrsten Sinema to 
                            Alan B. Davidson
    Tribal Broadband. The Consolidated Appropriations Act, 2021 (CAA) 
and Infrastructure Investment and Jobs Act (IIJA) dedicated a combined 
$3 billion to the Tribal Broadband Connectivity Program. The National 
Telecommunications and Information Administration (NTIA) has the 
responsibility of establishing a grant program to distribute this 
funding to tribal governments.

    Question. If confirmed, how will you ensure tribal governments in 
Arizona that meet the program's requirements receive funding from the 
Tribal Broadband Connectivity Program in a fair and efficient manner to 
connect their communities?
    Answer. Secretary Raimondo, speaking at the National Congress of 
American Indians' 78th Annual Convention, committed to working with 
tribal governments to get them the broadband connections needed to 
participate in the 21st-century economy. I strongly support this goal. 
While I have much to learn about NTIA's specific plans in this area, I 
believe that strong communications and consultation are essential to 
ensuring that tribal governments receive the full benefits of programs 
such as the Tribal Broadband Connectivity Program in a fair and 
efficient way. If confirmed, I would seek to bolster communications 
resources designed to engage with tribal communities. I would work to 
ensure that NTIA is offering needed technical assistance to those 
communities. And I would look forward to engaging directly with tribal 
communities to better understand their unique connectivity needs now 
and in the future. I would welcome the opportunity to learn from and 
work with your office to continue growing NTIA's efforts in this space.

    Question. The Federal Communications Commission (FCC) has an Office 
of Native Affairs and Policy, which represents the FCC in government-
to-government consultation with sovereign Tribal nations, works with 
other FCC offices and bureaus to develop and implement policies for 
assisting Native communities, and ensures that Native concerns and 
voices are considered in all relevant Commission proceedings and 
initiatives. Does NTIA have a similar office, and if not, do you 
believe dedicated resources for tribal consultation would be 
beneficial?
    Answer. I am not aware of a specific office at NTIA dedicated to 
sovereign tribal nations. I believe it is essential to support tribal 
consultation regarding broadband programs, and dedicated resources can 
be a beneficial way to do so. I have been told that NTIA has a strong 
team, with Native American staff, working on the Tribal Broadband 
Connectivity Program. If confirmed, I would seek to build on efforts 
such as this and ensure we are offering dedicated resources as needed 
to engage well with tribal communities.

    Broadband Coordination. With the signing of the IIJA, NTIA will 
begin administering the Broadband Equity, Access, and Deployment 
Program to provide state and territorial governments grants to develop 
their broadband infrastructure. The IIJA dedicates over $42 billion to 
this program. The CAA also required the NTIA, FCC, and Department of 
Agriculture to develop an interagency agreement regarding the 
coordination of disbursing funds for broadband deployment, which went 
into effect in June 2021.

    Question. Considering the significant investments in the IIJA for 
broadband deployment, how will you work to ensure NTIA coordinates with 
state governments and other Federal agencies to enable more Americans 
to receive reliable and consistent Internet access?
    Answer. Meeting the goal of connecting everyone in America with 
high-speed, affordable, and reliable Internet will require a ``whole of 
government'' approach that includes close coordination among federal, 
state, and community actors. The IIJA gives state governments an 
enormous role in implementing the BEAD state grant program. I believe 
that one of the most important things NTIA can do to further the IIJA's 
goals is to support states in that process. If confirmed, I would make 
coordination and communication with states a top priority. I would seek 
to build on NTIA's well-regarded convenings of state broadband leaders, 
and ensure that NTIA staff continue to hold regular meetings with state 
officials to anticipate and address questions. To ensure that states 
and other stakeholders are equipped to take full advantage of the new 
funding opportunities, I would seek to have additional dedicated staff 
to respond to each state's questions and offer technical assistance. 
Accomplishing the goals of the IIJA will require a surge of resources 
into state technical assistance efforts, and new communications 
channels and engagement efforts will be needed. NTIA has a good start 
and, if confirmed, I look forward to building even stronger 
relationships with states.
    I also believe that careful coordination with other Federal 
agencies working on broadband support will be essential if we are to 
connect all Americans and act as wise stewards of Federal resources. 
The IIJA directs NTIA to consult or coordinate with the FCC and other 
Federal agencies on a range of issues. I was also encouraged to see 
that NTIA, FCC, and USDA signed an MOU in June that documents their 
commitment to coordinate resources and leverage data from each to 
appropriately identify areas of need. If confirmed, I will work to 
implement the MOU rapidly and to engage collaboratively with these 
agencies to ensure that broadband efforts reflect best practices and 
deep coordination across the Federal government.

    Interference with GPS Systems. In April 2020, the FCC approved an 
application by Ligado Networks to deploy a low-power 9.8 decibel watts 
terrestrial nationwide network across three bands of electromagnetic 
spectrum. Several agencies, including the Department of Defense (DOD), 
Department of Homeland Security, Department of Justice, and the Federal 
Aviation Administration, have raised concerns that Ligado's network 
could interfere with global positioning system (GPS) instruments. 
Following the order, NTIA petitioned the FCC to reconsider its order 
based on irreparable harms to Federal government users of GPS.

    Question. What are your thoughts on this issue?
    Answer. I am aware this is an important spectrum management issue. 
My understanding is that the Biden Administration has continued to 
support the NTIA petition for reconsideration currently pending with 
the FCC. If confirmed, I look forward to engaging more closely on this 
issue, including being briefed by expert staff as well as stakeholders 
in government and the private sector who share an interest in resolving 
this controversy after so many years.
                                 ______
                                 
  Response to Written Questions Submitted by Hon. Raphael Warnock to 
                            Alan B. Davidson
    Connected Device Program. Closing the digital divide will take more 
than just building networks or subsidizing broadband services. As many 
of us have learned over the past two years, to connect to broadband and 
take advantage of expanded opportunities, families also need laptops 
and tablets to get online for work, school, and more. However, about 
two in five low-income families don't have a laptop or tablet at home. 
Earlier this year, I introduced the Device Access for Every American 
Act to provide laptops and tablets to low-income families, so that 
parents and kids can get connected. This connected device program is 
currently included in the Build Back Better Act and would be 
administered at NTIA.

    Question 1. Do you agree that making investments in closing the 
digital divide and homework gap for low-income Georgians is critical?
    Answer. Yes, absolutely. I agree that closing the digital divide 
and homework gap is critical for low-income Georgians and low-income 
people across the country. The pandemic has confirmed what we have 
known for some time: Connectivity is a key to our children's success. 
Perhaps the most important policy lesson that is incorporated into both 
the IIJA and the Build Back Better Act is that an all-of-the-above 
approach is essential to closing the digital divide: We must address 
devices, affordability, and deployment within an overall commitment to 
digital equity.

    Question 2. If this program is signed into law, would you commit to 
expeditiously setting up this program at NTIA?
    Answer. Yes. Too many Americans lack access to devices they need to 
utilize the Internet. If this program becomes law, I would work to 
expeditiously proceed with it at NTIA to address the needs of low-
income Georgians-and all low-income Americans.

    Coordination with state and local partners. With the expansion of 
the NTIA's role in broadband deployment, including the administration 
of the bipartisan Infrastructure Investment and Jobs Act's Broadband 
Equity, Access, and Deployment Program, it is essential that NTIA 
engages in active communication with state and local partners.

    Question. Under your leadership, how would NTIA communicate with 
individual states moving forward?
    Answer. Meeting the goal of connecting everyone in America with 
high-speed, affordable, and reliable Internet will require a ``whole of 
government'' approach that includes close coordination among federal, 
state, and community actors. The IIJA gives state governments an 
enormous role in implementing the BEAD state grant program. I believe 
that one of the most important things NTIA can do to further the goals 
of IIJA is to support states in that process. If confirmed, I would 
make communication with states a top priority. Fortunately, NTIA has a 
strong track record of engaging with states on broadband policy. In 
recent years, the State Broadband Leaders Network (SBLN) run by NTIA 
staff has become a well-regarded convening body for state broadband 
leaders. If confirmed, I would seek to build on this foundation and 
ensure that NTIA staff continue to hold regular meetings with state 
broadband officials to anticipate and address questions. To ensure that 
states and other stakeholders are equipped to take full advantage of 
the new funding opportunities, I would seek to have dedicated staff to 
respond to state questions and offer technical assistance. 
Accomplishing the goals of the IIJA will require a surge of resources 
into state technical assistance efforts, and new communications 
channels and engagement efforts will be needed. NTIA has a strong 
starting point and, if confirmed, I look forward to building stronger 
relationships with states.

    Question. What resources would you devote to reaching out to and 
informing broadband leaders in specific states and regions on a routine 
basis?
    Answer. Under the framework established by Congress in the IIJA, 
Federal coordination with states is the key to this program's success. 
If confirmed, I would continue to grow the relationships established 
through the existing network of state broadband leaders established by 
NTIA. I would ensure that broadband officials nationwide are fully 
apprised of the status of our programs, and anything else they need to 
know in order to take full advantage of the unprecedented opportunity 
presented by the IIJA. I would ensure that NTIA is offering targeted 
technical assistance to states and other stakeholders, and would assign 
personnel to specific states and regions so state officials will have a 
consistent point of contact and resource at NTIA.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                            Alan B. Davidson
    Question 1. Do you believe that the Infrastructure Investment and 
Jobs Act (IIJA) gives the Federal government or states the authority to 
regulate or set the price of broadband plans? Will you commit that NTIA 
will not engage in, support, or approve any plan where a state has 
regulated or set the price for a broadband plan?
    Answer. I do not believe that the IIJA statute allows NTIA to 
engage in rate regulation. If confirmed, I intend to follow the law in 
overseeing NTIA's implementation of the IIJA. I look forward to working 
with the staff at NTIA to evaluate how the IIJA's various provisions 
interact and to consider best practices for ensuring that Americans 
have access to affordable and reliable broadband services.

    Question 2. If confirmed, you will be tasked with implementing a 
$42.5 billion Broadband Equity, Access, and Deployment (BEAD) program 
to bring connectivity to all communities. Some have advocated that NTIA 
and the states only provide funding for a single wireline technology. 
Individual states have unique needs, geographies, existing broadband 
networks, and service providers. Each state needs flexibility to find 
the best solutions based on its unique challenges. Excluding wireless 
broadband from competing for funding with gating criteria, such as 
symmetrical speeds, will delay deployment and result in many areas 
remaining unserved. When implementing the broadband deployment program, 
do you believe NTIA should take a flexible, all-of-the-above approach 
that allows all broadband technologies, including mobile and fixed 
wireless, to compete for funding? Do you believe symmetrical speeds 
should be prioritized in state broadband plans? What about speed to 
deployment and resiliency?
    Answer. One of the virtues of the BEAD program is that it 
establishes a clear statutory framework that enables states to design 
the state-level plans that will best address their on-the-ground 
broadband situation, which varies widely across the country. States and 
localities face unique challenges that require flexibility in 
identifying technical solutions to meet local priorities. If confirmed, 
I would support an ``all of the above'' approach that allows NTIA and 
the states to consider any technology that will meet America's 
broadband needs, consistent with the requirements set out in the IIJA. 
I look forward to engaging with NTIA staff and stakeholders on the 
specific requirements you raise, in order to understand the most 
effective way to implement the program including balancing local 
flexibilities on subgrantee program design within the overall 
requirements of the statute.

    Question 3. Congress recently enacted the bipartisan IIJA, which 
will provide $65 billion to enable greater broadband deployment and 
enhance broadband affordability. Primarily through the BEAD program, 
NTIA has a critical role to play in implementing many of the key 
broadband provisions in the bill.

  1.  Recently, it was discovered that the USDA included net neutrality 
        as a criterion to receive funding through their ReConnect 
        program. Do you have any plans to require states, and by 
        extension subgrantees, to adhere to net neutrality requirements 
        or commitments in order to obtain approval for a broadband plan 
        or receive funding under the BEAD?
    Answer. As I said during my confirmation hearing and during my 
conversations with your staff, my top priority is bridging the digital 
divide and connecting all Americans. Because I am not at NTIA, I have 
not had the benefit of the NTIA staff's thinking on how the BEAD 
program should be structured, and what obligations, if any, should 
apply to BEAD funding recipients. If confirmed, my main focus will be 
getting affordable, high-speed, and reliable broadband service to all 
Americans as quickly and carefully as possible.

  2.  Do you believe the NTIA Administrator has the authority to 
        redefine the definition of unserved or underserved communities?
    Answer. The IIJA statutory framework provides clear definitions of 
unserved and underserved, and I intend to faithfully adhere to that 
framework.

  3.  The American Rescue Plan provided hundreds of billions of dollars 
        to states, local communities, and the Treasury department. 
        Broadband deployment is a permissible use of those funds. How 
        do you intend to work with states and local communities 
        throughout the country to ensure their own broadband plans 
        don't conflict or overlap with the IIJA funding?
    Answer. Careful coordination with states and other Federal agencies 
working on broadband support will be essential if we are to connect all 
Americans and act as wise stewards of Federal resources. I hope that 
IIJA funding can be additive to funds already administered through the 
American Rescue Plan and other sources. If confirmed, I will direct 
NTIA staff to establish processes to ensure good information exchange 
and coordination with other Federal agencies, as well as with areas 
receiving grant funds under ARP. And I will work to ensure that BEAD 
funds complement, and are not duplicative of, funds provided via the 
ARP or other Federal statutes and programs.

  4.  The BEAD program requires subgrantees to adhere to quality of 
        service standards, best practices for reliability and 
        resilience, and cybersecurity and supply chain risk management 
        practices. Will you commit to pursuing an open and transparent 
        process to engage with industry to effectively implement these 
        requirements?
    Answer. Yes, I commit to pursuing an open and transparent process 
to engage with industry to effectively implement those requirements.

  5.  The law prohibits NTIA from rate regulation in carrying out the 
        BEAD program. Will you commit to ensuring that any state action 
        plans or final or initial proposals will also not contain any 
        rate regulation of broadband?
    Answer. As I noted in my response to Question 1, I agree that the 
IIJA statute does not allow NTIA to engage in rate regulation in the 
BEAD program.

  6.  To expedite implementation of the BEAD program, the law exempts 
        actions and decisions taken by the NTIA Administrator from the 
        Paperwork Reduction Act, the Administrative Procedures Act, and 
        the Regulatory Flexibility Act. Despite these exemptions, will 
        you commit to providing a fair and transparent process to 
        implement the BEAD program and ensuring that all stakeholder 
        views are considered during implementation?
    Answer. Yes. As I noted in my testimony, I am committed to standing 
up the IIJA programs in a way that gets money out the door both quickly 
and carefully. A fair and transparent process is an essential tool if 
we are to be a good and careful steward of that money. I believe in the 
idea that ``sunlight is the best disinfectant'' and if confirmed I will 
prioritize transparency and accountability from NTIA as well as our 
state partners.

    Question 4. Having a skilled workforce will be essential to meeting 
buildout timelines under the law and connecting households across the 
country. In reviewing applications for broadband grants, do you commit 
to treating non-union and union workers equally and not preferencing 
one over the other throughout this process? Yes or no?
    Answer. I will review all applications fairly based on what is 
permitted under law. I look forward to working with the staff at NTIA 
to better understand NTIA's role and obligations in reviewing 
applications for broadband grants.

    Question 5. Since the implementation of the EU's General Data 
Protection Regulation in 2018, almost four years ago, ICANN has tried 
through the ``multi-stakeholder'' process to create an access model 
that will restore WHOIS access to law enforcement, cyber security 
companies, child protection groups, and other legitimate entities. Do 
you believe that an open and accessible WHOIS is critical to the safety 
of Internet users and to our national security?
    Answer. The WHOIS service has clearly served as a critical tool for 
a variety of parties, including law enforcement and other legitimate 
enforcers. As the enactment of the GDPR indicates, there are unresolved 
questions over how WHOIS data should be published, since it contains 
personally identifiable information. The ICANN multistakeholder process 
developed temporary rules to avoid liability for registrars, but this 
cannot be the final resolution. I believe we must enable a WHOIS 
service that provides appropriate, legal access to domain name 
registration data to legitimate requestors, while also protecting the 
privacy and safety of registrants--and this will increase the safety, 
security, and stability of the global Internet.

    Question 6. It is estimated by ICANN that implementing any WHOIS 
solution would take an additional three years--until 2025. Should 
Congress pass legislation to restore legitimate collection and access 
to WHOIS data?
    Answer. I believe that the most long-term effective way to address 
this issue is through the global multistakeholder process. Consensus-
driven, multistakeholder policy development for the Internet's critical 
resources is an essential feature of the global, interoperable Internet 
that the United States has long defended. This allows for policies that 
apply globally and uniformly, developed by stakeholders from around the 
world, representing business, governments, intellectual property 
owners, technical experts, academia and civil society. Developing 
policy using this model maintains stability, security, and resilience 
of the Internet. If confirmed, I will ensure that NTIA continues to 
vigorously represent U.S. interests in this process.

    Question 7. NTIA, along with the FirstNet Authority, has a 25-year, 
$100 billion Indefinite-Delivery, Indefinite Quantity contract with 
AT&T to ensure operation of more than 2.2 million devices connected to 
the National Public Safety Broadband Network, which is used by public 
safety officials across the United States and its territories every 
day. Given the criticality of this network's operation, it is important 
that Congress have full and current information about the network's 
operations, something the Department of Commerce Office of Inspector 
General is reviewing. If confirmed, do you commit to working with the 
Commerce IG to ensure that NTIA, the FirstNet Authority, and the 
contractor are providing the OIG with all the information and access it 
requests so that it may report on the FirstNet program?
    Answer. Yes. I commit to working with the Department of Commerce 
Office of Inspector General (OIG) to ensure that NTIA, the FirstNet 
Authority, and the contractor provide the OIG all the information and 
appropriate access it requests so that it may report on the FirstNet 
program.

    Question 8. As the Administrator of NTIA, you would be responsible 
for interpreting and implementing several key terms from the IIJA that 
will determine what projects are eligible for broadband deployment 
funding, including which projects are prioritized. My colleagues and I 
have emphasized the importance of technological neutrality in the 
broadband deployment program. Wireline, wireless, and satellite 
projects (as well as hybrid combinations of such services) should all 
be eligible for funding and for prioritization.

  1.  In the context of the definitions of unserved locations and 
        underserved locations, what do you think it means for latency 
        ``to support real-time, interactive applications?''
    Answer. I believe that it is important for NTIA to put in place a 
process to engage stakeholders on important questions like these, and 
to give stakeholders an opportunity to provide input on how these terms 
should be defined and implemented. The ultimate goal is to use BEAD 
funds as effectively and wisely as possible, and that includes ensuring 
that the networks built using those funds are capable of enabling the 
applications on which all Americans rely not only today but in the 
future, from real-time videoconferencing to streaming video to web 
browsing to e-mail.

  2.  If confirmed, how will you define latency in the context of 
        determining which broadband projects are prioritized?
    Answer. As I said in the above response, I believe that NTIA should 
engage in a process of stakeholder engagement to determine how these 
terms should be defined and implemented. For example, if confirmed I 
would direct NTIA to seek input from technical experts on the 
performance characteristics, including latency, that will be required 
to support important current and prospective use cases such as real-
time, interactive applications.

  3.  Will you commit to ensure that latency is defined in a manner 
        that preserves the technological neutrality of the IIJA's 
        broadband deployment program?
    Answer. As noted above, while I have not had the benefit of the 
NTIA staff's thinking on how the BEAD program should be structured, my 
main focus with respect to the BEAD program would be getting 
affordable, high-speed, and reliable broadband service to all Americans 
as quickly and carefully as possible, in a way that best meets the 
needs of each state. If confirmed, I commit to defining terms and 
implementing the bill after consulting with stakeholders and in 
accordance with the statutory framework.

  4.  Will you affirm that NTIA will provide guidance to states that 
        makes clear that the program will be technology neutral and all 
        solutions that meet program performance criteria will be 
        eligible for grants?
    Answer. I affirm that I will provide guidance to states that ensure 
consideration of all technologies that are capable of meeting 
Americans' broadband needs. The IIJA gives state governments a 
significant role in ensuring that each state's residents benefit from 
affordable, robust, and ubiquitous broadband. It also provides a clear 
statutory framework for minimum required performance levels and I 
intend to faithfully follow that framework.

    Question 9. In recent years, there have been several high profile 
spectrum disputes involving Federal agencies and the FCC. How do you 
plan to improve the interagency coordination process for developing the 
Administration's position on spectrum issues? How can NTIA better 
liaise between the agencies and the FCC to ensure that the 
Administration's position is represented in the record?
    Answer. I agree that interagency spectrum coordination has not 
effectively addressed important areas of dispute in recent years. If 
confirmed, I will make strengthening Federal spectrum coordination a 
top priority. As the demand for spectrum continues to expand, NTIA and 
the FCC must work together closely on spectrum management to support 
the needs of all spectrum users--government and commercial, today and 
in the future. To do so, NTIA should focus on an evidence-based 
approach to understanding spectrum user needs, rooted in technically 
rigorous interference analysis. If confirmed, I would work with the FCC 
to review and update the FCC-NTIA Memorandum of Understanding (MOU), 
seeking the best framework agreement possible to support our joint 
efforts to ensure spectrum use benefits all Americans. I also would 
look to resume the biannual joint spectrum planning meetings between 
the Assistant Secretary and the FCC Chair that Congress wisely directed 
as well as to support the work on a National Spectrum Strategy as 
called for by Secretary Raimondo.

    Question 10. Last year, the FCC issued a unanimous, bipartisan 
order on Ligado Networks' application to deploy its spectrum for 
terrestrial 5G services. If confirmed, will you commit to immediately 
meeting with the FCC, Ligado Networks, and other Federal agencies, as 
often as is required, to resolve outstanding issues related to the 
FCC's order as soon as possible?
    I am aware this is an important spectrum management issue. My 
understanding is that the Biden Administration has continued to support 
the NTIA petition for reconsideration on this matter currently pending 
with the FCC. If confirmed, I look forward to engaging more closely on 
this issue, including being briefed by expert staff as well as meeting 
with stakeholders in government and the private sector who share an 
interest in resolving this controversy after so many years.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. John Thune to 
                            Alan B. Davidson
    Question 1. NTIA is set to administer a $42.5 billion broadband 
deployment program. With other Federal agencies currently administering 
their own programs to support broadband deployment, will you commit to 
work closely with the FCC and USDA to carefully administer NTIA's 
program to make sure that resources are going to the places most in 
need?
    Answer. Yes, I commit to working closely with the FCC and USDA--and 
any other Federal agencies administering broadband infrastructure 
funding--to ensure that taxpayer dollars are used wisely. I was 
encouraged to see that NTIA, USDA, and the FCC signed an MOU back in 
June, consistent with the Broadband Interagency Coordination Act, that 
documents their joint commitment to coordinate resources and leverage 
data from each of the parties to appropriately identify those areas of 
need. I understand that NTIA staff is communicating regularly with the 
FCC and USDA on broadband funding, and I fully support continued 
cooperation to ensure that Federal dollars are being used as 
effectively as possible to meet the goal of connecting all Americans.

    Question 2. Recently, it was discovered that USDA included net 
neutrality as a criterion to receive funding through their ReConnect 
program. Do you believe that subgrantees receiving the Broadband 
Equity, Access, and Deployment (BEAD) program funding should have to 
commit to ``net neutrality'' requirements?
    Answer. Because I am not at NTIA, I have not had the benefit of the 
NTIA staff's thinking on how the BEAD program should be structured, and 
what obligations, if any, should apply to BEAD funding recipients. As 
stated during my confirmation hearing, if confirmed my main focus with 
respect to the BEAD program will be getting affordable, high-speed, and 
reliable broadband service to all Americans as quickly and carefully as 
possible.

    Question 3. The law prohibits NTIA from utilizing rate regulation 
to carry out the BEAD program. Will you commit to ensuring that any 
state action plans, or final or initial proposals will also not contain 
any rate regulation of broadband?
    Answer. I agree that the IIJA statute does not allow NTIA to engage 
in rate regulation in the BEAD program. In addition, history has shown 
us that rate regulation is not the most effective policy for ensuring 
affordable services. If confirmed, I look forward to working with the 
staff at NTIA to evaluate how the IIJA's various provisions interact 
and to consider best practices for ensuring that Americans have access 
to affordable and reliable broadband services.

    Question 4. Under the Obama-Biden administration, GAO concluded 
NTIA faced a number of challenges from staffing to adequate data on 
broadband availability resulting in a largely ineffective program at 
the taxpayer's expense. What steps would you take to correct the 
mistakes of the past and will you commit to me that NTIA will set up 
the BEAD program in a way that this new money only goes to areas that 
are completely unserved?
    Answer. If confirmed, I will work to ensure that broadband 
infrastructure funds are used effectively and in ways that reflect the 
lessons learned from past and ongoing programs. As I stated in my 
testimony, Congress structured the BEAD program very differently from 
the prior BTOP program, with a much more significant role for states in 
designing the programs that will award funds to subgrantees. That said, 
I am committed to implementing the lessons learned from NTIA's programs 
past and present. I would also expect to consider the best practices 
developed in other recent Federal broadband programs as well as state 
and local broadband programs. Finally, I understand that NTIA expects 
to release a Request for Comment and conduct various events which 
should result in broad input--including lessons learned--about how best 
to implement these new programs.
    Regarding funding for the unserved, the IIJA lays out a clear 
framework for disbursing BEAD program funds, with priority given to 
unserved areas first as defined in the statute. If confirmed, I intend 
to faithfully follow the framework laid out in the statute.

    Question 5. Congress established a clear division of responsibility 
for spectrum management--the FCC is responsible for commercial spectrum 
and NTIA is responsible for Federal government spectrum. There have 
been a number of instances when the FCC and NTIA's role have come into 
conflict. How can we ensure the FCC and NTIA work in partnership to 
address spectrum management issues that impact both Federal and 
commercial entities? Do you support freeing up additional spectrum held 
by the Federal government to support the needs of next-generation 
wireless services?
    Answer. If confirmed, I will make strengthening Federal spectrum 
coordination a top priority. As I indicated in my testimony, NTIA has a 
critical statutory role in coordinating Federal spectrum usage, as well 
as an imperative to support increased commercial demand for spectrum. 
As the demand for spectrum continues to expand, NTIA and the FCC must 
work together closely on spectrum management to support the needs of 
all wireless users--today and in the future. To do so, NTIA should 
focus on an evidence-based, technically rigorous approach to 
understanding Federal needs and coordinating with the FCC. If 
confirmed, I would work with the FCC to review and update the FCC-NTIA 
Memorandum of Understanding (MOU), seeking the best framework agreement 
possible to support our joint efforts to ensure spectrum use benefits 
all Americans. I was encouraged to hear Chairwoman Rosenworcel indicate 
her support for this update in her confirmation hearing. I also would 
look to resume the biannual joint spectrum planning meetings between 
the Assistant Secretary and the FCC Chair that Congress wisely 
directed. Finally, I would note that Secretary Raimondo has indicated 
her enthusiasm for an update to the National Spectrum Strategy. I would 
welcome the opportunity to support that effort.
    I do support making additional spectrum access available for next-
generation wireless services. Maintaining U.S. leadership in wireless 
is critical to American competitiveness and job growth, and to the 
innovative services consumers value and rely on. If confirmed, I will 
work to ensure that vital public missions are maintained while keeping 
the spectrum pipeline open for new commercial opportunities, to meet 
the demand for spectrum now and in the future. I would also look 
forward to working with NTIA's Federal agency partners to determine how 
we identify and make available key mid-band spectrum in the 3100-3450 
MHz range as Congress directed in the Infrastructure Investment and 
Jobs Act.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. Roy Blunt to 
                            Alan B. Davidson
    Question 1. Mr. Davidson, as you know, I supported the 
Infrastructure Investment and Jobs Act in no small part because of the 
tremendous investment it will make to close broadband gaps in rural 
America. This is an incredibly important issue in Missouri, where 
approximately one third of rural residents still lack access to 
broadband.
    At the same time, it's crucial that this historic investment is 
spent efficiently and not used to duplicate networks where high speed 
service already exists or where providers are subject to legally 
enforceable deployment obligations. For example, this funding is going 
to co-exist with multiple broadband funding programs at multiple 
Federal agencies--the FCC, U.S. Department of Agriculture, Treasury--as 
well as state and local agencies, and we need to coordinate these 
programs to avoid a situation where the Federal government is competing 
against itself or undermining and discouraging the private sector's own 
tremendous infrastructure investments. This is key because every dollar 
that goes to subsidized overbuilding is a dollar diverted from unserved 
Americans who lack any access to broadband whatsoever.
    Accurate broadband maps are a helpful step in preventing subsidized 
overbuilding, but further coordination is going to be needed, to avoid 
subsidizing overbuilding in areas where providers are subject to 
legally enforceable deployment obligations but haven't yet made service 
available--either on account of government funding or otherwise.

  1.  Mr. Davidson, do you agree that it's important to ensure that 
        Federal funding is spent efficiently and not used to overbuild 
        high speed networks?
    Answer. Yes. As good stewards of taxpayer funds, we must work to 
ensure that Federal broadband monies are spent efficiently. With 
respect to overbuilding, the IIJA offers a framework to address this 
question. If confirmed, I am committed to following the directives laid 
out in the IIJA to serve unserved areas first, and then underserved 
areas. I will work to provide states with the tools and support they 
need as they design the state-level plans that will best address the 
on-the-ground broadband situation in each state, which varies widely 
across the country.

  2.  How will you ensure that NTIA does not invest in broadband 
        projects that will compete with or undermine broadband projects 
        established by other agencies?
    Answer. I believe we will need to deploy Federal funding wisely if 
we are to meet the goal of connecting all Americans with high-speed 
affordable broadband while being good stewards of Federal funding. If 
confirmed, I will direct NTIA to coordinate closely and collaboratively 
with federal, state and local partners to clearly communicate the 
resources available to states for broadband projects, and to ensure 
that IIJA funding is disbursed in a way that is complementary to other 
Federal projects in achieving the overall policy goal.

  3.  Further, what steps will you take to avoid subsidized 
        overbuilding of privately-owned networks, which has been shown 
        to discourage broadband investment and exacerbate the digital 
        divide?
    Answer. The IIJA offers a framework to address this question. If 
confirmed, I am committed to following the directives laid out in the 
IIJA to serve unserved areas first and then underserved areas. I will 
work to provide states with the tools and support they need as they 
design the state-level plans that will best address the on-the-ground 
broadband situation in each state, which varies widely across the 
country.

  4.  Mr. Davidson, do you also commit to administering NTIA's 
        broadband deployment programs under the bipartisan 
        infrastructure legislation in a technology neutral manner, in 
        order to maximize cost-effectiveness and promote innovation?
    Answer. Yes.

    Question 2. I firmly believe that expanding broadband access in 
America is a two-fold issue: building out high-speed networks to 
unserved areas of the country, and ensuring that all Americans can 
afford to pay for their broadband service. One of the reasons I was, 
therefore, proud to vote for the Infrastructure Investment and Jobs Act 
is because it targeted both the availability and the affordability 
aspect of the digital divide. In addition to the $42.45 billion in 
Broadband Deployment Grants that you would be in charge of 
administering at NTIA, the FCC will be administering a new long-term, 
$14.2 billion Affordable Connectivity Program to ensure low-income 
Americans can afford the connections they need to participate in modern 
society.
    Further, as part of NTIA's Broadband Deployment Grants program, 
each subgrantee for the deployment of a broadband network would be 
required to offer at least one low-cost broadband service option for 
eligible subscribers. Some Republicans have voiced concern, however, 
that this part of the legislation could open the door to broadband rate 
regulation.

  1.  Mr. Davidson, what is the role you envision for NTIA with respect 
        to this section of the bipartisan infrastructure legislation?
    Answer. I share your desire to ensure that low-income Americans can 
afford broadband service. Affordability is one of the primary reasons 
why Americans remain unconnected. The definition of ``affordable'' 
varies across the country, making states well-positioned to develop 
their own approaches to meeting the statutory requirement. With respect 
to this provision, if confirmed my priority for NTIA will be working 
closely with states within the statutory framework laid out in the 
IIJA.

  2.  Do you the Infrastructure Investment and Jobs Act gives NTIA the 
        authority to dictate the price of broadband service?
    Answer. I do not believe that the IIJA statute allows NTIA to 
engage in rate regulation in the BEAD program.

  3.  Do you believe that rate regulation is the correct approach to 
        addressing the broadband affordability gap, or do you agree 
        that low-income subsidies, in conjunction with private 
        providers' own low-cost offerings, are a better solution?
    Answer. I appreciate that Congress has invested considerable 
resources within the IIJA for establishing long-term subsidies for 
broadband service, and many ISPs are already offering low-cost plans. 
These voluntary offerings, along with subsidies, competition and 
innovation in broadband markets, are the optimal driver of broadband 
affordability. I also believe that state-by-state establishment of a 
low-cost offering as required in state plans--which I do not view as 
the same thing as across-the-board rate regulation--will be vital to 
closing the affordability gap.
                                 ______
                                 
     Response to Written Question Submitted by Hon. Deb Fischer to 
                            Alan B. Davidson
    Question. Spectrum sharing is an important aspect of spectrum 
policy for the United States to meet its ever-increasing connectivity 
demands. If confirmed, what are your plans to improve spectrum sharing 
between Federal and commercial services?
    Answer. I agree that spectrum sharing is an important aspect of 
spectrum policy. With ever-growing demand for spectrum, and fewer easy 
options to make more of it available for commercial use, it is 
imperative that the U.S. take advantage of all available tools to 
enable the greatest use of spectrum. Spectrum sharing is a broad 
category that can include a diverse range of specific policy 
approaches. If confirmed, I would work with expert staff to identify 
where sharing is appropriate and necessary, and then focus on the 
fundamental technical characteristics of each competing use case, 
assess the real-world risks of harmful interference, and design 
tailored rules that draw from the growing range of examples of spectrum 
sharing.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Jerry Moran to 
                            Alan B. Davidson
    Question 1. Mr. Davidson, NTIA, as you know, manages the Federal 
government's spectrum and plays an important role ensuring that 
America's domestic and international spectrum needs are met. The FAA 
recently issued a Special Airworthiness Information Bulletin in regards 
to the planned deployment of 5G equipment in the portion of spectrum 
known as the C-Band. This bulletin caused mobile carriers to delay the 
deployment of this equipment until the safety concerns can be 
addressed. How can the review process for spectrum auctions and 
reallocation be improved to prevent similar delays in the future?
    Answer. I agree that the ongoing C-band situation is a prime 
example of how inter-agency spectrum coordination has become less 
effective in recent years, with real-world consequences for spectrum 
users. As I indicated in my testimony, improving Federal spectrum 
coordination will be one of my top priorities. As the demand for 
spectrum continues to expand, NTIA and the FCC must work together 
closely on spectrum management to support the needs of all spectrum 
users--today and in the future. If confirmed, I would embrace an 
evidence-based, technically rigorous approach to understanding Federal 
needs and coordinating with the FCC. I would work with the FCC to 
review and update the FCC-NTIA Memorandum of Understanding (MOU), 
seeking the best framework agreement possible to support our joint 
efforts to ensure spectrum use benefits all Americans. Additionally, I 
note that Secretary Raimondo has indicated her enthusiasm for an update 
to the National Spectrum Strategy, and I would welcome the opportunity 
to support that effort.
    Looking to the future, I believe that maintaining U.S. leadership 
in wireless is critical to American competitiveness and job growth, and 
to the innovative services consumers value and rely on. If confirmed, I 
will work to ensure that vital public missions are maintained while 
keeping the spectrum pipeline open for new commercial opportunities, to 
meet the demand for spectrum now and in the future.

    Question 2. Will you commit to working closely with states as they 
are applying for broadband funding and ensure that their technical 
assistance needs are met?
    Answer. Yes. I believe it's essential that we work with states and 
other eligible entities to provide them with in depth technical 
assistance. If confirmed, a top priority will be getting states the 
tools and support they need as they design the state-level plans that 
will best address the on-the-ground broadband situation in each state.

    Question 3. Last week, I asked Chairwoman Rosenworcel about supply 
chain challenges facing broadband providers, in light of the increased 
level of Federal spending to close the digital divide. She said that 
she started a proceeding at the FCC to collect information about how 
semiconductor shortages are impacting the telecommunications sector. 
The success of the new broadband grants programs will depend in part on 
supplies being available to deploy broadband. Is there anything the 
NTIA or the Department of Commerce more broadly can do to help with 
supply chain issues facing broadband providers?
    Answer. The Department of Commerce has taken a leading role in 
addressing supply chain challenges facing our nation, and in particular 
semiconductor availability. I believe the Department and NTIA are well 
positioned to engage with the telecommunications sector to identify 
potential supply chain shortages and work with manufacturers to ensure 
that there is sufficient supply of the material and equipment to 
implement the broadband programs in the IIJA. If confirmed, I intend to 
leverage the resources and expertise within the Department and to work 
closely with industrial stakeholders to address this critical issue.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Dan Sullivan to 
                            Alan B. Davidson
    Question 1. Is it your understanding that the funding to be made 
available to the states under the Broadband Equity, Access, and 
Deployment Program (BEAD) will be allowed to be used for middle mile 
build outs as well as last mile?
    Answer. I would need to work with the staff at NTIA, if confirmed, 
to evaluate and understand how the BEAD program's various provisions 
should be interpreted with regards to this question.

    Question 2. As you confirmed in your hearing, NTIA's first priority 
for BEAD broadband funds is to unserved areas. The program also 
includes a set-aside for high-cost areas. As you begin ironing out the 
allocation formulas, will you continue to prioritize these two areas in 
line with Congressional intent?
    Answer. Yes. The IIJA requires that we serve unserved locations 
first. That will be my first priority. As you note, it also reserves 
BEAD funding for locations in high-cost areas. To effectuate that 
provision, NTIA will need to determine how to define those locations. 
If confirmed, I intend to prioritize these areas and faithfully execute 
the framework put in place by Congress.

    Question 3. Earlier this year, NTIA solicited help from volunteer 
grant reviewers for a number of broadband programs, including the 
Tribal Broadband Connectivity Program (TBCP). If confirmed, how will 
you work to ensure that these volunteers are properly overseen, and 
that the programs move forward in a timely and efficient manner?
    Answer. As we discussed in our meeting, I appreciate the importance 
of addressing the unique connectivity issues facing tribal communities. 
I do not know the details of how the review process for the Tribal 
Broadband Grant Connectivity Program (TBCP) has been implemented. But 
if confirmed, I will work to ensure that the TBCP is overseen properly 
and administered in a timely, transparent, and efficient fashion. I 
welcome input from you and your staff on these efforts and to ensure 
that the TBCP accomplishes its objective of improving connectivity in 
tribal communities.

    Question 4. Alaska ranks absolutely last in terms of broadband 
access in the United States. Being home to 229 federally recognized 
tribal governments, some of which reside in Alaska's most remote 
communities that can only be accessed by plane or ferry, the need for 
Federal investments in broadband infrastructure has only been 
exacerbated by the COVID-19 pandemic. I recently heard from some of our 
communities that they have been paying roughly $1,000 per month just to 
make sure their kids have Internet access necessary to attend school, 
they can continue working, and elders can access healthcare. Despite 
our demonstrated need, we continue to face hurdles in building out 
broadband infrastructure, largely in part because of the vast and 
unique geographical features of our state. Some of Alaska's Tribes have 
broadband service areas covering tens of thousands of square miles. To 
ensure they are able to bring high speed, reliable Internet to the 
different village communities they serve, Federal funding must be 
adjusted to account for the impact of a changing permafrost, distance 
between village communities, and other factors unique to Alaska. In 
reviewing applications for TBCP and other NTIA funds, how will the 
Department account for these various factors? Or in other words, what 
extent does NTIA factor in the size of a tribe's service delivery area, 
the unique terrain and other geographical barriers that drive up 
broadband infrastructure costs, the existing unmet needs, and other 
unique factors facing tribes in my state? Additionally, we are aware 
that the TBCP application provided some level of priority consideration 
for regional applications. How does this priority consideration factor 
into NTIA's decision to fund a project?
    Answer. I appreciated the opportunity to learn more about Alaska's 
significant connectivity challenges during our meeting. I also share 
Secretary Raimondo's commitment to working with tribal communities in 
particular to get them the broadband connections needed to participate 
in the 21st-century economy. As I am not yet in the building, I have 
much to learn about NTIA's specific plans for reviewing TBCP 
applications and the ways that priority consideration factors into 
funding decisions. However, I believe that strong communications and 
consultation are essential to ensuring that tribal governments receive 
the full benefits of the TBCP and other NTIA programs in a fair and 
efficient way. As I indicated at my hearing, I am committed to visiting 
your state to better understand Alaska's unique geography and 
topography, and the challenges posed by those characteristics. I look 
forward to working with you, your staff, and other Alaskan stakeholders 
to better understand how we can ensure this program meets the unique 
needs of tribal communities in the state.

    Question 5. Extreme rural tribal communities, sometimes called 
``Frontier'' communities, in Alaska face an existential threat with 
regard to lack of access to broadband and adequate Internet speeds. It 
jeopardizes the future viability of communities where young people 
would like to live but have trouble sustaining families in the absence 
of reliable internet. Are these factors part of your consideration as 
dollars are awarded under the TBCP? Would you and your staff be open to 
more discussions with my office and stakeholders regarding the unique 
impact it has in Alaska?
    Answer. The challenges facing ``Frontier'' communities you describe 
are emblematic of the digital divide and reinforce the need to 
prioritize unserved communities and support them in reaching their full 
economic potential. While I have not been engaged in NTIA's process to 
award funds via the TBCP, I welcome the opportunity to continue 
engaging with your office and stakeholders to ensure that the needs of 
``Frontier'' communities are appropriately considered in that program 
and as we stand up and administer the programs contemplated in the 
IIJA.

    Question 6. Under the Notice of Funding Opportunity (NOFO) for the 
TBCP, applicants were encouraged to answer whether they would want 
their application to be passed along for consideration under the COVID 
Capital Projects Fund (CCP). Will CCP meaningfully supplement the TBCP 
given its oversubscription? I understand that the initial $1 billion in 
TBCP funding was met with $5 billion in applications. To what extent 
will the CCP be utilized to help the needs of TBCP applicants, and will 
NTIA utilize CCP funding for rural communities most in need?
    Answer. As I am not part of NTIA I have not been part of 
discussions between the NTIA and Treasury regarding the issues you 
raised. If confirmed, I look forward to coordinating with other federal 
grants programs and to working with your office to ensure that tribal 
applicants are able to easily benefit from the funds available across 
various programs.

    Question 7. The BIF directs an additional $2 billion in funding for 
the TBCP. Will NTIA make any adjustments to how the funding is awarded 
under the program after the awarding of the initial $1 billion? And if 
so, would NTIA be open to a conversation about suggestions about how to 
make the program work better for extreme, rural communities?
    Answer. I do not know the current status of NTIA's planning 
regarding the additional $2 billion appropriated for the TBCP under the 
IIJA. If confirmed, I would welcome discussion with you and your staff 
as well as other stakeholders to understand how best to implement this 
program to meet the needs of tribal communities, including those in 
extreme, rural locations.

    Question 8. It is understandable that TBCP applicants may not all 
receive the total funding they are pursuing given the program's 
oversubscription. Other funding sources exist for broadband, such as 
the CCP, programs within Bureau of Indian Affairs, or the recently-
passed BIF. Does NTIA envision a scenario where NTIA TBCP funding 
awards are intended to be complementary to efforts to receive Federal 
funding from other sources? Communities in Alaska would be empowered to 
explore creative solutions if they were given a commitment from NTIA to 
``get the project started'' and work from there to fund it to 
completion?
    Answer. While I do not know the status of NTIA's plans for TBCP 
funding awards, if confirmed, I would commit to work with you and your 
staff on how best to effectively and creatively leverage TBCP funding 
and other Federal funding sources to meet the needs of Alaska's tribal 
communities.

    Question 9. Will you be reaching out to TBCP applicants who are not 
approved to notify them about other Federal funding opportunities?
    Answer. While I do not know NTIA's current plans for TBCP 
applicants, I am committed to communicating well with tribal 
communities and program applicants, and ensuring that they are aware of 
funding opportunities from NTIA and other Federal sources.

    Question 10. Connecting Alaska will require crossing significant 
swaths of Federal lands. Will you commit to work with my office, 
Alaskans, and any relevant Federal agencies on expedited easement 
rights for broadband access?
    Answer. Yes.
                                 ______
                                 
  Response to Written Questions Submitted by Hon. Marsha Blackburn to 
                            Alan B. Davidson
    Question 1. As I'm sure you already know, the FAA issued a safety 
alert on 5G interference to aircraft. While there is no sufficient 
evidence that 5G deployment causes aircraft safety concerns, the FAA 
went ahead and stated ``action might be required to address potential 
interference with sensitive aircraft electronics.'' What are your 
thoughts on this ongoing situation?
    Answer. I agree that the ongoing C-band situation is a prime 
example of how interagency spectrum coordination has become less 
effective than it needs to be in recent years, with real-world 
consequences for spectrum users. Working to achieve better spectrum 
coordination outcomes in the future will be one of my top priorities if 
confirmed. It is critical that we support 5G deployment and maintain 
U.S. leadership in wireless, and so we must find ways to meet the needs 
of both Federal and commercial spectrum users.

    Question 2. According to Firehouse.com, On November 1st, the Rapid 
All-Terrain Tower (RATT), a Tennessee-based business, announced a 
partnership with FirstNet to create a fast and reliable communication 
platform for use in surveillance, crisis, and emergency situations. How 
can we continue to improve FirstNet services for first responders?
    Answer. Ensuring that FirstNet provides reliable and effective 
support for first responders and that its network is resilient are 
critical goals. I look forward to learning more about RATT's 
technology, and I am pleased that FirstNet continues to take steps to 
improve FirstNet services for first responders. If confirmed, I look 
forward to engaging with the experts at NTIA and FirstNet on these 
issues, and to supporting FirstNet's continued engagement with public 
safety agencies across the country.

    Question 3. As I noted when we spoke, I am concerned that 
government and commercial users are working at cross-purposes, which is 
ultimately unhelpful for consumers. How will you encourage better 
collaboration among NTIA, other Federal users of spectrum, and the FCC 
and private sector?
    Answer. As we discussed when we spoke, spectrum policy implicates a 
range of Federal and commercial equities. NTIA has a dual mission to be 
a good steward of Federal spectrum and to assist in making Federal 
spectrum available for commercial use. It is crucial for NTIA to work 
in partnership with the FCC, Federal users, and the private sector to 
successfully achieve both of these missions. To do so, NTIA should 
focus on an evidence-based, technically rigorous approach to 
understanding Federal needs and coordinating with the FCC. If 
confirmed, I would work with the FCC to review and update the FCC-NTIA 
Memorandum of Understanding (MOU), seeking the best framework agreement 
possible to support our joint efforts to ensure spectrum use benefits 
all Americans. I was encouraged to hear Chairwoman Rosenworcel indicate 
her support for this update in her confirmation hearing. I also would 
look to resume the biannual joint spectrum planning meetings between 
the Assistant Secretary and the FCC Chair that Congress wisely 
directed. Finally, I would note that Secretary Raimondo has indicated 
her enthusiasm for an update to the National Spectrum Strategy, and I 
would welcome the opportunity to support that effort. In consultation 
with Federal users, commercial stakeholders, and technical experts, I 
believe we have an opportunity to ``skate to where the puck is going, 
rather than where it is now'' and develop a spectrum strategy that 
meets the future needs of the Nation.
                                 ______
                                 
     Response to Written Question Submitted by Hon. Todd Young to 
                            Alan B, Davidson
    Question. Mr. Davidson, what are your plans at NTIA to implement a 
new incumbent informing capability for the 3.5 GHz CBRS band?
    As we discussed in your office, the U.S. has exhausted much of the 
low hanging fruit when it comes to spectrum usage. Making more spectrum 
available to meet the Nation's future needs will be aided by innovative 
technologies and techniques. Incumbent Informing Capability (IIC) may 
well be one of those promising technologies. My understanding is that 
NTIA is working to develop and implement IIC to make more Federal 
spectrum available for commercial use, and to develop a common platform 
for spectrum sharing. If confirmed, I am eager to learn more about 
NTIA's efforts in this area, and I would be happy to work with you and 
your staff on innovative ways to make more Federal spectrum available 
for commercial use.
                                 ______
                                 
      Response to Written Questions Submitted by Hon. Mike Lee to 
                            Alan B. Davidson
    Question 1. The Infrastructure Investment and Jobs Act, or 
otherwise known as the Bipartisan Infrastructure Framework (BIF), 
awarded the NTIA $42 billion for broadband deployment.

  1.  How does Federal government funding in broadband affect market 
        incumbents who are already providing service to an area? Does 
        Federal funding have the potential to distort market 
        competition?
    Answer. To minimize any impact, the IIJA support for broadband 
buildout is premised on an ``unserved first'' model, which Congress 
designed to supplement--rather than disrupt--private sector 
investments. I intend to faithfully follow this statutory framework.

  2.  The BIF requires grants for unserved/underserved areas to be 
        built out at 100 Mbps down and 20 Mbps up. That's roughly four 
        times the speed of the FCC's minimum speeds under the Universal 
        Service Fund. Is the ``overbuilding'' of networks inevitable? 
        And is that a problem that should be avoided?
    Answer. As noted above, the IIJA is premised on an ``unserved 
first'' model that prioritizes investment in areas that presently lack 
access to broadband. For these and underserved areas, the IIJA provides 
clear directives for service standards at 100 Mbps downstream and 20 
Mbps upstream along with low latency. NTIA's first priority will be to 
assist states in both understanding those requirements and having 
access to the right technical support and tools to design state plans 
that meet their needs and prioritizes service to the unserved first.

  3.  If the FCC or USDA has already committed Federal funding to an 
        area for broadband deployment to unserved (or underserved) 
        areas should that exclude the NTIA from awarding funds that 
        serve the same area? Why or Why Not?
    Answer. Under the Broadband Interagency Coordination Act, the FCC, 
USDA, and NTIA are charged with coordinating on their broadband 
deployment activities. I agree that it is important to rationalize our 
processes to minimize unnecessary overlaps in funding. If confirmed, I 
look forward to learning more about the current states of these inter-
agency discussions and about how we can most effectively direct BEAD 
funding such that it complements funding from other Federal programs 
Additionally, the IIJA establishes definitions of unserved and 
underserved locations as well as requirements for state awards to 
subgrantees, and I intend to faithfully follow the statutory framework.

  4.  Do you support the government rate regulation of broadband?
    Answer. I do not believe that the IIJA statute allows NTIA to 
engage in rate regulation in administering programs contemplated in the 
IIJA, and I believe that competition and innovation in broadband 
markets is the optimal mechanism for determining prices.

  5.  Under the requirements in the BIF, the Administrator is required 
        to approve a ``Low-Cost Broadband Service Option'' from 
        entities that receive Federal funds from NTIA. What is a ``Low-
        Cost Broadband Service Option'' in your view?
    Answer. At a high level, I view this provision as being aimed at 
helping to ensure that all Americans have access to affordable 
broadband. I expect that its implementation may vary from state to 
state. I welcome input from a variety of stakeholders, including your 
office, on the best way to define ``Low-Cost Broadband Service Option'' 
under the IIJA.

  6.  Is ``price'' a factor in determining whether an option is ``low-
        cost?'' And how would you reconcile this with the BIF's 
        statutory mandate to not engage in rate regulation?
    Answer. I have not had the benefit of hearing the NTIA staff's 
analysis of the IIJA, including its provisions relating to the low-cost 
broadband service option. If confirmed, I look forward to working with 
the NTIA staff and engaging with states who are responsible for 
proposing specific approaches for subgrantee programs to assess how the 
IIJA's various terms interact with one another.

  7.  The BIF gives the Administrator broad discretion to put 
        additional requirements on company's who receive broadband 
        funding under NTIA. What additional requirements that are not 
        in the statute would you require? Would you require ``Net 
        Neutrality'' requirements as a condition of receiving NTIA 
        funds under the BIF?
    Answer. Because I am not at NTIA, I have not had the benefit of the 
NTIA staff's thinking on how the IIJA programs should be structured, 
and what obligations, if any, should apply to funding recipients. If 
confirmed, my main focus with respect to the IIJA programs will be 
getting affordable, high-speed, and reliable broadband service to all 
Americans as quickly and carefully as possible.

  8.  There are areas in the BIF that leave discretion to NTIA in 
        distributing funds under the program. Will you commit to doing 
        a rulemaking on the program to ensure public comments are taken 
        into account for the dissemination of these funds?
    Answer. As I do not have the benefit of the NTIA staff's thinking 
on these issues, I do not yet know whether NTIA will proceed via 
rulemaking or other mechanisms. But no matter how we proceed, I am very 
committed to transparency and accountability throughout the process of 
standing up and administering the BEAD program. If confirmed, I intend 
to seek and consider input from a variety of stakeholders on the policy 
issues presented in the IIJA.

    Question 2. As Administrator of NTIA, you will be responsible for 
overseeing the Federal government's Federal spectrum allocations.

  1.  In your view, do Federal Government agencies use their spectrum 
        efficiently?
    Answer. Senator, as we discussed on our call, I believe that 
Federal agencies have essential public missions that must be met but 
also can be more efficient in their use of spectrum resources. If 
confirmed, I welcome the opportunity to work with you and other 
spectrum leaders in Congress to find ways to ensure that Federal 
agencies are being as efficient as possible with this precious 
resource.

  2.  As Administrator, do you believe you have a responsibility to 
        find those inefficient spectrum allocations within Federal 
        agencies and offer those allocations up for higher and better 
        uses?
    Answer. The most effective role for NTIA is to work with Federal 
agencies, Congress, and the White House on a regular basis to identify 
opportunities to make Federal Government agencies' use of spectrum more 
efficient. NTIA has also been directed by Congress on numerous 
occasions to identify Federal spectrum that can be made available for 
commercial use. Congress has trusted NTIA with this important mission 
and if confirmed this work will be a top priority for me. Finally, I 
would note that Secretary Raimondo has indicated her enthusiasm for an 
update to the National Spectrum Strategy. I would welcome the 
opportunity to support that effort.

  3.  I've been a proponent of doing targeted audits on Federal 
        agencies' use of spectrum. The BIF included a provision I 
        authored to audit DOT's spectrum. Would you support expanding 
        audits to all Federal agencies?
    Answer. Evaluating and tracking Federal spectrum use is a critical 
task. My understanding is that NTIA is in the process of modernizing 
its spectrum management software and systems. While the immediate focus 
is on updating its legacy tools, longer term NTIA seeks to track more 
closely what Federal users are using which bands at what times. The 
ultimate goal is to be able track and manage these allocations in real 
time. I would support ways that we can upgrade and enhance these tools 
so that we can know at any given time how Federal agencies are using 
their spectrum allocations, and potentially how we can facilitate 
shared use of that spectrum with commercial users if possible. If 
confirmed, I would welcome the opportunity to work with you and your 
staff to find ways to achieve your goal of tracking and quantifying 
Federal spectrum usage.

  4.  I also have a bill called the Government Spectrum Valuation Act 
        (S. 553), which would require NTIA to assess the ``opportunity 
        costs'' of Federal spectrum by conducting a market valuation of 
        Federal spectrum between 3 Khz and 95 Ghz. Do you support my 
        Government Spectrum Valuation Act?
    Answer. I agree that we need to better understand the opportunity 
costs of Federal spectrum usage and ensure that we are making the best 
possible use of spectrum in the public interest. I have not reviewed 
all of the provisions of S. 553, though I find many of the ideas that 
we discussed promising. If confirmed, I would be happy to work with you 
and your staff on this legislation and how we can achieve greater 
efficiencies in Federal spectrum usage.

  5.  Generally, do you support the reallocation of Federal spectrum 
        that is not being used efficiently by Federal agencies? What 
        incentives can you, as Administrator, provide for reallocation?
    Answer. Providing incentives for Federal agencies to engage in the 
significant planning and technical analysis required for spectrum 
reallocation is very important. Existing mechanisms have proved 
valuable, such as the Spectrum Relocation Fund (SRF). If confirmed, I 
would be happy to work with you and your staff to determine how best to 
leverage the SRF and other programs and authorities within NTIA to 
incentivize Federal users to make their operations more efficient.

  6.  As NTIA Administrator, is it your duty to advocate for the 
        spectrum views of individual Federal agencies or is your 
        responsibility to take agency views into account and advocate 
        NTIA's independent decision?
    Answer. NTIA has dual roles when it comes to Federal spectrum 
policy. First, it is the coordinator of Federal spectrum usage, and 
second, it serves as the principal adviser to the President on 
telecommunications and information policy and has an imperative to meet 
commercial needs for spectrum. If confirmed, I would focus on an 
evidence-based approach to NTIA's roles. I would work to ensure that 
NTIA leverages its significant spectrum engineering and policy 
expertise in working with agencies and advocating on their behalf. It 
has been said in the past that we need a ref on the field when it comes 
to spectrum policy, someone who can call balls and strikes impartially. 
That is the role that NTIA would play under my leadership.

    Question 3.The NTIA has long considered the potential for leasing 
Federal spectrum for non-federal uses. Do support allowing for the 
leasing of Federal spectrum for non-federal uses?
    Answer. This is not an issue that I am deeply familiar with. I 
support utilizing innovation and technology as a way to better leverage 
our limited spectrum resources. If confirmed, I would like to work with 
you and your staff to better understand how this concept would apply 
and how it could be leveraged to achieve our shared goal of more 
efficient Federal spectrum usage.

    Question 4. Regarding spectrum coordination, the FCC and the NTIA 
have operated under an MOU that is the main mechanism for coordination 
of spectrum management decisions.

  1.  Is the existing MOU's framework sufficient for today's spectrum 
        coordination between the FCC and NTIA?
    Answer. No.

  2.  Do you think the MOU needs to be updated? If so, how?
    Answer. I agree with Chair Rosenworcel that the FCC-NTIA MOU should 
be updated to reflect the many changes in spectrum issues since the MOU 
has last been revised. I would reserve judgment on specific changes 
until I have had the opportunity, if confirmed, to make my own 
assessments based on engagement with NTIA's expert technical staff and 
other stakeholders.

  3.  In your view is the Interdepartment Radio Advisory Committee 
        (IRAC) operating efficiently? Is all the information between 
        agencies being shared during the IRAC?
    Answer. The IRAC has a long history of serving as an effective 
intergovernmental coordination mechanism but my understanding is that 
it has experienced declines in its effectiveness in recent years. If 
confirmed, I look forward to learning more about the status of the 
Committee.

  4.  In your view, is there room for improvement in the IRAC process? 
        If so, what?
    Answer. Yes, my understanding is that there is room for 
improvement. Because I do not have direct knowledge of the IRAC as it 
has been operating, I will reserve judgment on specific areas that 
should be changed but if confirmed I plan to engage with key personnel 
across IRAC-participating agencies to identify areas for improvement 
during my tenure as Administrator.

    Question 5. Do you have any concerns about Chinese influence at the 
International Telecommunication Union?

  1.  Does China's influence at the ITU have implications for setting 
        global standards for telecommunications?

  2.  As Administrator, what priorities will you have at the ITU to 
        combat Chinese control of the ITU?

  3.  How will you advance U.S. interests and ensure the U.S. is 
        bolstering our influence at the ITU?
    Answer. I do have concerns about efforts by the Chinese government 
(and other authoritarian governments) to influence the ITU and other 
international bodies to make global communications networks more 
subject to top-down censorship and control, and to push for their 
centrally-designed standards over internationally-developed standards. 
These approaches can stifle competition and interfere with commerce and 
innovation.
    If confirmed, I will make it a priority for the United States to 
reassert itself as a global leader in these international fora, in 
order to promote the open and industry-driven innovation that has been 
the hallmark of the online ecosystem. My immediate priority within the 
ITU context would be the election of Doreen Bogdan-Martin as Secretary 
General of the ITU, who would be the first American in that position in 
decades and the first woman ever. I would work to ensure U.S. 
leadership and would plan to serve on the U.S. delegation to the ITU's 
September 2022 Plenipotentiary Conference, where a key focus will be 
Ms. Bogdan-Martin's election.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Ron Johnson to 
                            Alan B. Davidson
    Question 1. The Bipartisan Infrastructure Bill included $42 billion 
to NTIA for a broadband grant program and provided the Administrator 
with wide discretion of its disbursement. Every facet of the economy 
utilizes and relies on broadband access, and Internet usage is 
increasingly using a greater share of electricity. Yet, our electric 
power grid remains vulnerable to natural and anthropogenic disasters 
including electromagnetic pulse (EMP) attacks and geomagnetic 
disturbances (GMD).

  1.  How can NTIA work with NIST to improve resilience of critical 
        infrastructure, including our broadband networks, against EMP 
        attacks and GMD threats?
    Answer. If confirmed, I will ensure that NTIA is fully leveraging 
its expertise to improve resilience of critical infrastructure and the 
entire communications eco-system. I generally understand that over the 
years NTIA has actively engaged in interagency discussions on 
resilience and response to threats from EMP attacks and GMD incidents. 
But I am not deeply familiar with that work, and thus cannot comment on 
the best paths forward to address the concerns. If confirmed, I can 
commit to working to better understanding the threats, past U.S. 
Government responses to them, and future options to reduce our risks.

  2.  Are you open to repurposing unspent COVID-19 relief, CARES Act, 
        or American Rescue Plan Act funds, to build large power 
        transformers to protect our electrical grid and broadband 
        networks?
    Answer. Our nation's critical communications and broadband networks 
are dependent on a robust and resilient electrical grid. If confirmed, 
I will ensure that NTIA is actively engaged with the Departments of 
Homeland Security, Energy, and others to ensure that the national 
electric grid increases its resilience and can function and recover 
from natural and man-caused disasters. On the question of repurposing 
funds--including funds targeted at the pressing need to respond to 
serious health and related economic challenges--I am not aware of 
NTIA's ability to do so and imagine that this is of course in the 
purview of Congress.
                                 ______
                                 
Response to Written Questions Submitted by Hon. Shelley Moore Capito to 

                            Alan B. Davidson
    Question 1. Mr. Davidson, if confirmed, will you commit to complete 
transparency and cooperation of information with my office regarding 
any broadband funding dispensed by the NTIA to my state of West 
Virginia?
    Answer. Yes. Coordination with states will be critical to the 
success of the NTIA's broadband funding programs, and if confirmed I 
would welcome engagement and cooperation on state broadband funding 
with your office, and with other Members of Congress.

    Question 2. Given the mountainous terrain of West Virginia, 
achieving universal broadband connectivity may require an all-of-the-
above technology approach. Fiber, cable, fixed wireless, mobile 
wireless--perhaps satellite broadband--each has a role to play in 
connecting every household and business to the digital economy. What 
are your thoughts on tech neutrality, and will broadband programs 
administered by NTIA be carried out in a technology-neutral manner?
    Answer. The IIJA gives state governments a significant role in 
ensuring that each state's residents benefit from affordable, robust, 
and ubiquitous broadband. As we discussed in your office, states like 
West Virginia face unique challenges that require flexibility in 
identifying technical solutions to meet local priorities. If confirmed, 
I would support an ``all of the above'' approach that allows NTIA and 
the states to consider any technology that will meet America's 
broadband needs, consistent with the requirements set out in the IIJA. 
I look forward to engaging with NTIA staff and stakeholders on the 
specific requirements you raise, in order to ensure that West Virginia 
has the tools to deploy broadband to all corners of the state.

    Question 3. Secretary Raimondo has repeatedly recognized the 
failures of the Broadband Technology Opportunities Program (BTOP), an 
approximately $4 billion grant program administered by NTIA in 2009 as 
part of the Obama stimulus. You are going to be tasked with 
distributing $42 billion in broadband funds--just over ten times the 
BTOP amount. If confirmed, how do you plan to ensure that the funds 
from the infrastructure bill will successfully deploy high-speed 
broadband with no fraud, waste, or abuse to the American taxpayer?
    Answer. Success for the infrastructure bill programs will require 
that we are careful stewards of Federal funding. If confirmed, I am 
committed to implementing the IIJA programs in a way that gets money 
out the door both quickly and carefully. I would focus on three main 
approaches to do so. First, I would insist from the outset on clear 
expectations regarding oversight and accountability for state 
grantmakers and for grant recipients, and then execute and implement 
those oversight functions throughout the life of the program. Second, I 
believe in the idea that ``sunlight is the best disinfectant''. If 
confirmed I will demand transparency by NTIA and by our state partners.
    Finally, I would seek out clear metrics for success and 
accountability and ensure that NTIA and states are collecting the data 
needed to measure progress against those metrics.

    Question 4. As Secretary Raimondo has recognized, the 
infrastructure bill requires NTIA to rely on the newly updated FCC maps 
when determining if an area is unserved and defines an area as unserved 
if it does not have access to 25/3. Mr. Davidson, if confirmed, do you 
commit to following the letter of the law when implementing the 
infrastructure bill?
    Answer. Yes

    Question 5. Mr. Davidson, if confirmed, do you commit to following 
the letter of the law when implementing the infrastructure bill?
    Answer. Yes.

    Question 6. Secretary Raimondo has recognized that the 
infrastructure bill's process allows for challenges where there's 
already funding. The FCC has significant experience in reviewing 
broadband challenges to avoid overbuilding. If confirmed, will you 
commit to coordinating with the FCC on the challenge process?
    Answer. I believe it is important for NTIA to learn from the 
experiences of other agencies. If confirmed, I commit to coordinating 
with the FCC in order to understand and learn from their experiences 
with challenge processes.

    Question 7. What is your understanding of the roles the NTIA and 
FCC play in spectrum management?
    Answer. NTIA by statute manages the Federal government's use of 
spectrum, including ensuring agencies have access to the spectrum 
needed to support important Federal missions. NTIA also is the 
President's principal advisor on telecommunications, which includes 
spectrum policy. The Federal Communications Commission (FCC), an 
independent Federal agency, regulates all other spectrum use, including 
by state and local governments. This shared governance of spectrum 
demands close coordination between the agencies on both domestic and 
international spectrum matters.
    My understanding is that NTIA is also responsible for communicating 
the views of the Executive Branch to the FCC, through informal and 
formal coordination and even submitting public filings in FCC 
proceedings. For many years, a Memorandum of Understanding (MOU) 
between the agencies has governed formal coordination. NTIA and FCC 
collaboration has a long history, that I know includes many successes. 
If confirmed, I commit to working to ensure a stronger cooperative 
relationship exists and the tools are in place to ensure coordination 
can be as successful as possible, including reviewing the MOU for 
potential improvements. If confirmed, strengthening this function will 
be one of my top priorities.

    Question 8. The FCC requires all recipients of broadband funding to 
also provide voice service. In the interest of promoting ongoing 
private investment and modern network expansion, and creating 
competition should we consider requiring all funding recipients to be 
required to offer a voice service? What do your thoughts on requiring 
every recipient of broadband funding to also be required to be a 
designated Eligible Telecommunications Carrier (ETC)?
    Answer. It is important that we consider how the transition to 
high-speed, digital broadband networks might impact access to voice 
telephone service, which continues to play a crucial role in our world. 
The ETC model has served as a traditional oversight mechanism at the 
state level to ensure the quality and reliability of voice services, 
and some but not all states have also applied ETC oversight to 
broadband services. I have not considered the question posed in depth. 
If confirmed, I would seek advice from the NTIA staff as to the 
ramifications and impact of a state's conditioning BEAD funding and/or 
other programs on a recipient's commitment to provide voice service and 
to obtain ETC status.

    Question 9. Big tech makes a lot of money off advertising over 
broadband networks. What are your thought on requiring them to help pay 
for the deployment of high-speed broadband?
    Answer. The IIJA directed the FCC to open a proceeding regarding 
the future of the universal service fund. The question of whether and 
how to reform the contribution framework is principally left to the FCC 
under Section 254 of the Communications Act. If confirmed, I look 
forward to consulting with the FCC's leadership and offering any 
assistance we can as that agency considers such reforms.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. Rick Scott to 
                            Alan B. Davidson
    Question 1. The recently passed infrastructure bill gives NTIA over 
$42 billion for broadband buildout.

  1.  Have you ever managed a grant program this size?
    Answer. I have not, but I do have two decades of leadership and 
executive experience in the private and nonprofit sector. I have 
managed large, high-impact teams with significant budgets working in 
bet-the-company situations. I have sat on multiple boards and engaged 
in fiscal oversight. And I have served in the leadership offices of the 
Commerce Department itself. I am eager to bring all these experiences 
to bear at NTIA.

  2.  How will you ensure the funds are allocated in an ethical manner 
        and each state receives their fair share?
    Answer. If confirmed, I am committed to following the 
infrastructure statute responsibly and with integrity. This commitment 
includes administering the allocation framework in the statute 
faithfully, and serving as a close partner with states to make sure 
that they have the tools that they need to be successful. Throughout 
this effort, I am committed to ensuring that NTIA stands up and 
administers an open and transparent process.

    Question 2. This new $42 billion program was given exemption from 
certain provisions of the Freedom of Information Act.

  1.  Do you believe this exemption is necessary?
    Answer. I am not a FOIA expert and do not currently have a position 
on whether an exemption was necessary. Regardless, if confirmed I am 
committed to running open, transparent and accountable processes at the 
NTIA.

  2.  How do you do plan on working with Congress to ensure 
        transparency and proper oversight of this program?
    Answer. If confirmed, transparency and accountability will be a top 
priority. I believe in the idea that ``sunlight is the best 
disinfectant'' and if confirmed I will insist on transparency and 
accountability from NTIA as well as our state partners. I intend to 
communicate with Congress throughout the process of standing up and 
administering NTIA's portions of the IIJA and welcome input from your 
office.

    Question 3. Do you believe the government manages an appropriate 
amount of spectrum? Do you believe there are some efficiencies to be 
made that would allow more spectrum to be sold to the private sector 
for use--such as 5G or--one day--6G?
    Answer. The Federal government utilizes spectrum to support an 
extremely diverse range of missions of importance to the American 
people. These uses by necessity sometimes require access to significant 
amounts of spectrum. My understanding is that, quite often, the Federal 
agencies are indeed using spectrum very efficiently, including in many 
cases where a number of agencies share frequencies in the same band 
through elaborate coordination by NTIA and the agencies themselves.
    Nonetheless, support for U.S. leadership in 5G and future advanced 
wireless technologies is essential and demands continued access to 
spectrum. NTIA has a responsibility to ensure the limited spectrum 
resource is being used as efficiently as possible, and it has a long 
history of finding ways to maximize spectrum use and free it up for 
other purposes, including the commercial wireless services you refer 
to. If confirmed, I commit to seeking out more of these opportunities.
                                 ______
                                 
   Response to Written Question Submitted by Hon. Cynthia Lummis to 
                            Alan B. Davidson
    Question. Mr. Davidson-In our conversation we discussed how some 
states may not be fully prepared to accept the funding that will be 
coming to them from the infrastructure bill. Wyoming, fortunately, has 
a robust state broadband program so their problem is the opposite. 
Wyoming is ready from the funding, but they are concerned about the 
several month delay in announcing Broadband Infrastructure Grants. This 
delay in announcing who will receive grants is creating significant 
issues for the state's planning of deployment. If confirmed, how do you 
plan to keep this and future grant programs from experiencing more 
delays?
    Answer. If confirmed, I look forward to working with your office 
and with the state of Wyoming to make sure that residents of your state 
benefit from the very best broadband possible. Because I am not 
currently at NTIA, I do not have any visibility on what factors 
contributed to the recent delay in announcing the Broadband 
Infrastructure Grants. I will simply say that, if confirmed, I will 
place a high priority on meeting the deadlines set forth in statute. I 
also am committed to administering the programs transparently. Looking 
ahead, I would note that our distribution of funds under the IIJA state 
grant program is dependent on the release of critical FCC maps. I think 
that one of the most important things we can do to limit delays is to 
keep open robust lines of communication between NTIA, the FCC, the 
states, and other key stakeholders to make sure that potential issues 
or administrative problems are spotted and resolved as early as 
possible. I am committed to keeping those lines of communication open 
and coordinating closely so that we all can transform appropriated 
dollars into deployed broadband networks as quickly and carefully as 
possible.
                                 ______
                                 
   Response to Written Questions Submitted by Hon. Amy Klobuchar to 
                              Viquar Ahmad
    Broadband Infrastructure. The bipartisan infrastructure law 
includes the largest investment our country has ever made in broadband, 
$65 billion for broadband infrastructure. The NTIA at the Department of 
Commerce will oversee the rollout of the majority of the $65 billion.

    Question. If confirmed, how will you help NTIA deploy those funds 
quickly and effectively?
    Answer. The Department of Commerce is grateful for the significant 
investment included in the Infrastructure Investment and Jobs Act 
(IIJA) to help close the digital divide and ensure that all Americans 
have access to reliable, high speed, and affordable broadband. The 
National Telecommunications and Information Administration's (NTIA) 
work to implement the IIJA is already underway and is engaging with 
stakeholders in every state, territory, tribe, and community to ensure 
these programs succeed.
    The Office of Acquisition Management (OAM) supports Commerce's 
Operating Units by providing expert guidance so that funds are deployed 
efficiently and in accordance with the law and regulations. The close 
partnership of the OAM and NTIA teams is essential to operational 
success. If confirmed, I will ensure that we have the robust capability 
necessary and streamlined processes in place to support the 
Department's efforts in effectively delivering these funds to 
communities nationwide.

    Small business growth. Small business drives the American economy, 
and new businesses are responsible for creating nearly all net new 
jobs. The Department of Commerce plays an important role in supporting 
entrepreneurs and businesses.

    Question. If confirmed, how will you support minority and women 
entrepreneurs and minority-owned businesses?
    Answer. I fully share President Biden and the Department of 
Commerce leadership's commitment to not just rebuilding to how things 
were before the COVID-19 pandemic, but to building back better and more 
equitably. The Minority Business Development Agency (MBDA) is a key 
component of that effort. If confirmed, I will seek to ensure MBDA's 
success and that the Department's finance and administrative staff are 
available to help MBDA effectively carry out its mission.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Roger Wicker to 
                              Viquar Ahmad
    Question 1. The Department of Commerce OIG (Office of the Inspector 
General) identified the Department's Management Matters Involving 
Acquisitions and Grants and NOAA's (National Oceanic and Atmospheric 
Administration) satellite governance as top management challenges in 
Fiscal Year 2022. If confirmed, what recommendations would you 
implement to address these challenges?
    Answer. To address the management challenges involving acquisitions 
and grants in NOAA's satellite programs and other areas, I will 
leverage and strengthen existing Departmental procedures for suspension 
and debarment, for overseeing bureau grant and procurement management 
offices, and for conducting Acquisition and Program Management reviews 
of major acquisitions. In addition, I will continue to invest in the 
Department's acquisition workforce by expanding the number of program 
managers and contracting professionals with specialized training in IT 
and Digital Services, operationalizing the Department's acquisition 
innovation lab, and maintaining and expanding the Program Management 
Community of Practice. I will also continue to leverage the 
Department's Acquisition Project Management Framework and Milestone 
Review Board to maintain oversight of and insight into the Department's 
mission critical programs including NOAA's satellite programs.

    Question 2. What are your top priorities for the Department, and if 
confirmed, what steps would you take to address those priorities?
    Answer. My top priority, if confirmed, would be to help the 
Secretary, Deputy Secretary, and other senior leadership put forth the 
best budget to support the Department of Commerce's strategic needs.
    Second, I believe we must provide evidence to Congress, the public, 
and our other agency partners that we are good stewards of public 
resources. Finally, I will ensure our human resource focus is on 
recruiting, developing, and retaining a well-rounded cadre that 
understands not just how to do a job, but how varied functional 
expertise plays into the overall mission.
    I will review existing policies, procedures, practices, and consult 
with senior career staff on issues of concern. I will meet with 
Inspector General Gustafson to discuss the most recent management 
challenges outlined in her report. Ultimately, maintaining a close 
partnership with staff, colleagues at the bureaus, and OMB will be 
important to our success. We will establish metrics, track progress, 
and take a proactive approach to mitigate any issues.
    Equally important, I remain committed to maintaining open lines of 
communication with you and your staff on the important work of the 
Department.

    Question 3. A recent report from the OIG was highly critical of 
Enterprise Services' (ES) management and oversight of its blanket 
purchase agreement (BPA) with Accenture. While ES may not report 
directly to the CFO, if confirmed, how would you ensure that taxpayer 
dollars are in fact getting the agreed upon deliverables for this BPA 
and each of DOC's other contracts?
    Answer. If confirmed as the CFO and ASA, I will ensure that strong 
oversight is provided to Department's acquisitions and blanket purchase 
agreements. Through the oversight efforts of the Senior Procurement 
Executive and Office of Acquisition Management, I will ensure effective 
tools are used so that the Department receives quality services and 
products procured with taxpayer dollars in the Department's bureaus and 
offices. With respect to this specific OIG audit of the ES BPA, I will 
ensure the Corrective Action Plan addresses the core concerns in the 
report and that any lessons learned are applied throughout the 
Department.

    Question 4. The OIG report also contained 11 recommendations for 
the Department to implement. While a corrective action plan is due back 
to the OIG within 60 calendar days, what involvement will you have to 
ensure each recommendation is adequately addressed, and that subsequent 
actions are taken?
    Answer. While I am aware of this OIG report, I have not been 
briefed on the Corrective Action Plan that is under development. If 
confirmed, I will meet early on in my tenure with Inspector General 
Gustafson to review the most recent audits and management findings, 
including the Accenture report. I will ensure that Corrective Action 
Plans are in place and that Department staff is aggressively taking 
action to close open recommendations and address the findings. I will 
also meet with Enterprise Services leadership to ensure the staff is 
taking strong action to implement recommendations and further enhance 
their contract oversight.
                                 ______
                                 
  Response to Written Question Submitted by Hon. Marsha Blackburn to 
                              Viquar Ahmad
    Question. It's my understanding that in 2020, the Department of 
Commerce obligated over $10 billion for contractual goods and services, 
grants, and other financial awards. Can you please tell me how you will 
conduct a more transparent and accountable grant process for awardees?
    Answer. In 2020, the Department obligated over $10 billion in 
procurements, grants and other contractual services, with procurements 
being the largest component. The Department follows Federal regulations 
prescribed in the FAR to ensure transparent and accountable awards. 
With the dramatic increase in grants, the Department has been focused 
on instituting program management practices to track progress on the 
billions of dollars in grant program funding starting with the CARES 
Act in 2020. If confirmed, I will make sure we have a dashboard which 
provides an internal status update, including a proactive approach to 
identify areas of concern.
    The goal will be to have visibility at each stage of the process: 
from enactment of legislative authority, Notice of Funding Opportunity 
(NOFO), application, and evaluation through award. I will ensure that 
the bureaus remain committed to tracking the details and having a 
transparent and accountable process using the grants.gov and 
USAspending.gov tools that serve the Federal government.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. Rick Scott to 
                              Viquar Ahmad
    Question 1. The Department of Commerce oversees the disbursement of 
varying grant programs, ranging from fishery and coastal protection to 
broadband buildout and economic development. How will you ensure these 
are awarded fairly, transparently, and consistently?
    Answer. I share your commitment to ensuring public resources are 
deployed in accordance with the law and done so in a and fair, 
transparent, and consistent manner. The Department follows Federal 
regulations prescribed in the FAR to ensure transparent and accountable 
awards. With the dramatic increase in grants, the Department has been 
focused on instituting program management practices to track progress 
on the billions of dollars in grant program funding starting with the 
CARES Act in 2020. If confirmed, I will make sure we have a dashboard 
which provides an internal status update, including a proactive 
approach to identify areas of concern.
    The goal will be to have visibility at each stage of the process: 
from enactment of legislative authority, Notice of Funding Opportunity 
(NOFO), application, and evaluation through award. I will ensure that 
the bureaus remain committed to tracking the details and having a 
transparent and accountable process using the grants.gov and 
USAspending.gov tools that serve the Federal government.

    Question 2. I am concerned with the national security threat that 
Communist Chinese drones pose to our Federal agencies. I have 
introduced the American Drone Security Act to prohibit the Federal 
procurement of drones that pose such a threat. Do you commit to not 
procuring any drones that are manufactured in Communist China for the 
Department of Commerce--including NOAA?
    Answer. The Department is a member of the Federal Acquisition 
Security Council (FASC), with participation by the Chief Information 
Officer, Special Procurement Executive, and National Institute of 
Standards and Technology (NIST). The FASC is the Federal government 
organization that is responsible for tracking, evaluating, and 
processing entity list additions and or adjustments. The Department has 
an internal Supply Chain Risk Management process that ensures items 
requested for procurement meet the section 889 and other security 
requirements before authorization to purchase is granted. I will ensure 
that these memberships and processes are maintained and enhanced as 
needed to protect the Department and the equities of the Federal 
Government.

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