[Congressional Record Volume 169, Number 144 (Thursday, September 7, 2023)]
[Senate]
[Pages S4256-S4257]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Nomination of Anna M. Gomez
Mr. CRUZ. Mr. President, I rise today to discuss Anna Gomez, one of
President Biden's FCC nominees. If confirmed, she would give the
Democrats a majority at the FCC that would enable them to impose a
radical leftwing agenda, including investment-killing and job-killing
so-called net neutrality rules, otherwise known as ``Obamacare for the
internet.''
I strongly oppose her nomination, and I encourage my colleagues to do
the same. The FCC exercises vast power over how Americans communicate
and access information. It also has a history of abusing vague
statutory provisions to pursue partisan policy goals. In the wrong
hands, the FCC could go down a dark path of censoring speech and
engaging in regulatory overreach.
Under current Democrat FCC Chairwoman Rosenworcel's leadership, that
threat is not merely hypothetical. The FCC has engaged in unprecedented
abuses of power, such as killing the multibillion-dollar Standard
General-TEGNA transaction without a Commission vote, attempting to
expand the Universal Service Fund spending in defiance of clear
statutory limits, and holding valuable 2.5 gigahertz spectrum licenses
hostage.
Even more alarming, the FCC is now entertaining requests by radical
leftwing groups to revoke a broadcast station's license for alleged
``misinformation'' and turning a routine FCC license renewal proceeding
into a truth commission, an alarming assault on the First Amendment.
And that is without a Democrat majority on the FCC. With a majority,
there is no telling what regulatory excesses the Chairwoman could
inflict--from forcing antiquated telephone monopoly rules on the
competitive broadband industry to micromanaging providers' rates and
terms of service, to imposing crippling new legal risks on American
companies through ``disparate impact'' lawsuits.
Make no mistake, a vote for Anna Gomez is a vote for regulating the
internet as a public utility. Ms. Gomez has publicly supported the
reinstatement of the heavyhanded Obama-era net neutrality rules that
would make the internet more expensive and slower for American
households, despite privately confessing that Democrats had engaged in
wild ``hyperbole'' in opposing the repeal of net neutrality.
Rather than giving reasons for the reinstatement of the failed net
neutrality rules, she claims she simply wants ``robust authority'' over
the internet. In other words, the power to regulate companies' pricing
and terms of service and to collect billions of dollars in new taxes
from them and from you, the consumer, all at the expense of investment
and innovation and consumer choice.
She has also refused to disavow the ongoing efforts to impose
investment-killing ``disparate impact'' liability on American broadband
companies. And she has given noncommittal answers to my requests for
commitments to improve transparency and accountability at the FCC.
Ms. Gomez has a history of failing to protect taxpayer interests. In
the Obama administration, she had a senior leadership role in
implementing a wasteful $4 billion broadband grant program. In one
egregious example, funding from a $100 million project in Colorado was
used to build a third fiber connection to a single school of 11
students. But by far, most concerning in Ms. Gomez's history is her
tweets concerning the use of government power to police so-called
misinformation.
For instance, she retweeted a claim made by Democrat Congresswoman
Cori Bush, who is a member of the radical leftwing squad in the House,
that Trump engaged in a ``targeted mass disinformation campaign against
3.5 million Black voters in 2016'' for the purpose of voter
suppression.
In addition, she tweeted enthusiastically in support of efforts by
the Defense Department's research wing--known as DARPA--and the Federal
Government to crack down on so-called disinformation. At this point, it
is, sadly, well known that the Biden administration has repeatedly
trampled on the First Amendment to silence opposing views.
The White House Press Secretary publicly bragged that they were ``in
regular touch'' and ``flagging problematic posts'' for social media
companies and threatening new legislation if those companies did not
heed the censors. And the Biden DHS tried to create its own ``ministry
of truth'' before a public backlash shamed them into disbanding the
effort.
Amid these First Amendment assaults, as well as recent efforts at the
FCC to deplatform a FOX broadcast station, it was critical to gain
clarity into Ms. Gomez's views on free speech, ``disinformation,'' and
the FCC's role in such matters.
Unfortunately, she gave vague answers to my questions and did not
reassure the Commerce Committee that she would actively oppose
censorship at the FCC.
Confirming Ms. Gomez would harm taxpayers, broadband investment,
innovation, and most importantly, our First Amendment freedoms.
I strongly encourage my colleagues to oppose her nomination.
Ms. CANTWELL. Mr. President, I rise today in support of President
Biden's nomination of Anna Gomez to be a commissioner of the Federal
Communications Commission.
Americans need an FCC fully equipped to deliver affordable high-speed
connectivity, strengthen local broadcasting, foster spectrum
innovation, and promote emerging technologies. Ms. Gomez will deliver
on these priorities.
While she has dedicated much of her career to public service, working
in various roles at the FCC, serving as Deputy Assistant Secretary at
NTIA, and at the National Economic Council during the Clinton
administration, she has also worked in the private sector.
For 3 years, she served as the vice president of State and Federal
regulatory, government affairs for Sprint Nextel, and for 9 years, she
worked at Wiley Rein, as part of the law firm's telecommunications
practice.
Ms. Gomez will focus on ensuring affordable, reliable broadband
across America's cities, suburbs, and rural communities. In recent
years, it has become increasingly clear that for healthcare, education,
labor, and so much more, broadband is a necessity.
For this purpose, Congress allocated $65 billion for broadband in the
Bipartisan Infrastructure Law, including $42.5 billion allocated based
on the FCC's broadband maps. Ms. Gomez has pledged to work to improve
the accuracy of these maps and deliver broadband to all.
We also need to lower the cost of broadband deployment. By leveraging
our existing electrical grid infrastructure, we can build out more
middle mile capacity. This will spur competition and help lower the
cost of broadband.
While Congress invested $1 billion to create a middle mile grant
program at the National Telecommunications and Information
Administration, the demand for this funding was more than seven times
the amount available. We must do more.
Given her experience working at NTIA, Ms. Gomez has unique expertise
in middle mile broadband deployment issues.
The FCC also plays an important role in sustaining local news. Local
stations provide trusted on-the-ground reporting that informs the
public and strengthens our democracy.
Ms. Gomez understands that we must protect local broadcast news and
has pledged to delve into what the FCC can do to protect it.
She will also fight to ensure that the United States remains a leader
in global spectrum policy. As countries like China compete for spectrum
leadership, we must develop smart spectrum policies that promote
national security and innovation.
We know the FCC has a crucial role in making sufficient spectrum
available for wireless innovation and our federal agencies' critical
missions.
Over the past year, Ms. Gomez has worked hard to prepare the United
States for the 2023 World Radiocommunication Conference and develop a
comprehensive U.S. global spectrum strategy. She has also built a
strong team that is well-informed and
[[Page S4257]]
well-equipped to represent U.S. interests in spectrum policy.
Some of my Republican colleagues have complained that they did not
have an opportunity to meet with the nominee or that we should not
confirm her until the World Radiocommunication Conference is over.
It has been 100 days since Ms. Gomez's nomination and 57 days since
the committee's vote. Ms. Gomez has been available, willing, and eager
to meet with all Senators to discuss her qualifications for the role.
The State Department also has extremely qualified experts who can
step in for Ms. Gomez, just as she has planned for.
Anna Gomez has the knowledge, skills, and qualities to be an FCC
Commissioner. I am proud to support Ms. Gomez's nomination, and I urge
my colleagues to do the same.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. MARKEY. Mr. President, I rise today in support of Anna Gomez,
President Joe Biden's nominee to serve on the Federal Communications
Commission.
The FCC is one of the premier, expert Agencies in the Federal
Government, responsible for overseeing the wires and the radio waves
that have become the backbone of our economy and our communities.
But since the beginning of the Biden administration nearly 1,000 days
ago, the Agency has been hamstrung in implementing critical
communications priorities due to the absence of a fifth Commissioner.
With Ms. Gomez as a Commissioner, that will finally change. The Federal
Communications Commission will have the power to take on the big-dollar
interests that seek to block critical consumer protections at every
turn.
I support Ms. Gomez's nomination because I know she is ready for
these fights. She knows that today broadband is not a luxury. Like
running water or heat, broadband is an essential utility. Without high-
quality and affordable broadband, students cannot learn, small
businesses cannot reach new customers, entrepreneurs cannot innovate,
and seniors cannot access telemedicine. The FCC's authority must
reflect the essential nature of the internet in American life, and that
is exactly what Ms. Gomez will provide.
With three Democratic Commissioners, the FCC can act swiftly to
restore net neutrality and protect a free and open internet. My
Republican colleagues will say that Congress should act on net
neutrality instead of the Federal Communications Commission, but their
Big Cable and Big Tech industry allies will be in their ear with
crocodile-tear arguments about an out-of-control Agency usurping the
will of Congress.
Well, if Republicans really want to take on this problem through
legislation and not administrative action, then they should be prepared
to join me when I reintroduce my net neutrality legislation in the
coming weeks. They can be on record supporting internet freedom or
siding with the broadband behemoths.
It has been nearly 6 years since the Trump FCC repealed net
neutrality. We cannot wait any longer for Republicans to come to their
senses. We must confirm Ms. Gomez so that the FCC can act without
delay.
We must also confirm Ms. Gomez because the FCC must address other
critical communications issues, including technology accessibility for
people with disabilities, protecting local community media, and closing
the homework gap.
I am particularly concerned about the future of the $7 billion
Emergency Connectivity Fund, which I passed during the pandemic. Over
the past 2 years, thanks to the Commission's hard work, the Emergency
Connectivity Fund has provided laptops, tablets, and internet services
to more than 17 million students and teachers. Those resources are
particularly critical for Black and Brown and immigrant and low-income
populations who often lack access to the internet at home.
Unfortunately, this program will soon be out of money, potentially
disconnecting millions of students and driving a deeper wedge into the
digital divide. We cannot let that happen.
I stand ready to work with my colleagues to extend this essential
funding, and I know that Ms. Gomez, like Chairwoman Jessica
Rosenworcel, will be a fierce advocate for students at the Commission
so that we can keep closing the homework gap and provide every child
with access to the 21st-century tools they will need.
We stand at a critical moment to ensure a just broadband future for
everyone. We need Anna Gomez on the Federal Communications Commission.
She has the knowledge, the values, and the judgment the Commission
needs.
I urge my colleagues to join me in supporting her nomination.
I yield the floor.