A Media Censor for the FCC?

President Biden’s effort to supercharge the regulatory state is steadily advancing. The latest example is his nomination of progressive partisan Gigi Sohn to the Federal Communications Commission. She favors deploying the agency’s regulatory power to shackle broadband providers and silence conservative voices. Sohn founded Public Knowledge that has long sought more government control of the internet and media. She was a counselor to Obama FCC Chair Tom Wheeler and was a driving force behind the “net neutrality” regulation that classified broadband providers as common carriers under Title II of the Communications Act of 1934. The Wheeler rule banned broadband carriers from charging heavy-bandwidth consuming websites like Netflix and Facebook more to carry their content. The enormous regulatory uncertainty caused broadband investment to decline, though it picked up after the Trump FCC scrapped the rule. Sohn supports making the Wheeler rule even more burdensome. “I’m not advocating for just reinstating the old rules,” Ms. Sohn told CNET in 2020. “We need to push for FCC authority to adopt policy to handle issues like zero-rating and data caps.” Progressives want the government to regulate broadband rates like electricity prices, and Sohn’s musings suggest she’d be on board. The Senate Commerce Committee plans to hold a confirmation hearing for Sohn in November, and Senators of both parties need to ask her some tough questions.

[Editor's note: Since 2018, Sohn has served as the Benton Senior Fellow and Public Advocate]