FCC nominee Gigi Sohn and most Senate Commerce Committee Democratic supporters strongly defended her record and decried what several called an extensive “smear campaign” against her during a Tuesday confirmation hearing, but comments from panel Democrat Jacky Rosen of Nevada about law enforcement groups’ vehement opposition to her candidacy threw her prospects into renewed doubt. All participating Commerce Republicans voiced strong opposition to Sohn Tuesday, as expected (see 2302130001), citing the same concerns as at the nominee’s previous two confirmation hearings and more recent matters that conservative media outlets raised since President Joe Biden renominated her in January. Republicans repeatedly tried to directly correlate her role as an Electronic Frontier Foundation board member and the group’s past actions, but avoided raising reports on EFF’s sex worker policy positions that her supporters claim were instances of veiled homophobia (see 2301310062).

The Senate Commerce Committee set its third hearing on FCC nominee Gigi Sohn for Tuesday, in line with Democrats’ plans to move the candidate swiftly through the committee (see 2302030073) in hopes of avoiding a repeat of the Senate’s 2022 confirmation stall. President Joe Biden renominated Sohn in January after the new Congress convened (see 2301030060). The hearing will begin at 10 a.m. in 253 Russell. The American Accountability Foundation, among the most vocal groups opposing Sohn urged four Democratic senators Wednesday to recuse themselves from voting on her confirmation because the nominee donated to their campaigns. Sohn supporters called AAF’s donation claims overblown.

Arizona Corporation Commission staff recommended delay considering repeal or changes to Arizona USF (AUSF). Commissioners could consider staff’s recommendation at its Feb. 22-23 meeting. Comments are due Feb. 17 in docket T-00000A-20-0336. "Amendment, modification, or repeal of the AUSF High Cost Rules may be appropriate at some time in the future,” staff said. But since Frontier, the sole recipient of the support, must file a rate case by Aug. 30 and "there may be several potential outcomes" to that filing, staff thinks it's premature to consider changing or killing AUSF. If commissioners decide at the end of the rate case that Frontier should stop getting support, they should direct staff to start the AUSF rulemaking, said the recommendation. Also, staff noted Solix remains under contract to distribute E-rate broadband special construction projects, which are expected to be completed by June 2024. Any commission action on USF would need to take into account that program’s status, it said.

Supporters of FCC nominee Gigi Sohn have gotten indications the Biden administration wants to renominate her in January, but there’s been no definitive word this will happen amid uncertain internal Senate dynamics. That lack of clarity in part stems from Senate leaders not yet being able to guarantee Sohn would get as swift a confirmation process as the White House and others want, lawmakers and lobbyists said in interviews. The Senate failed to hold any floor votes on Sohn before the chamber left town just before Christmas, and it won’t return until just before the 118th Congress gavels in Tuesday. Sohn’s 2022 confirmation process stalled in March after the Commerce Committee tied 14-14 on advancing her to the floor (see 2203030070). Biden first nominated her in October 2021 (see 2110260076).

Some Arizona Corporation Commission members signaled possible support for repealing state USF as soon as next month. At a livestreamed meeting Tuesday, Utilities Division Director Elijah Abinah said staff will bring forward an item to decide the fund’s future at the January or February meeting. “The most appropriate way to clean up this appendage from yesteryear would be to just repeal the rules,” said Commissioner Jim O’Connor (R). Commissioner Justin Olson (R), departing the commission at year-end, also said he supports repeal. Chairwoman Lea Marquez Peterson (R) said she wants to vote in January on repealing or modifying AUSF rules. Commission staff listed state USF options including repeal in a memo last week in docket T-00000A-20-0336 (see 2211300009). Arizona USF's sole recipient, Frontier Communications, didn't comment Tuesday.

Arizona Corporation Commission staff listed state USF options for commissioners to consider at their meeting next Tuesday. Commissioners directed staff at their Nov. 9-10 meeting to prepare an options memo. The commission could start with a supplemental notice of inquiry since, “because of all of the funding that has become available through other sources, many commenters may believe that the fund is no longer necessary or is only needed as a stop gap measure,” ACC staff said Tuesday in docket T-00000A-20-0336. Or the commission could open a rulemaking to amend or modify high-cost fund rules in ways commenters suggested in an earlier NOI, it said. Alternatively, the commission could suspend or eliminate Arizona USF (AUSF), staff said. “The Commission has the option of repealing the AUSF Rules using the process outlined in the Arizona Administrative Procedures Act,” considering that one provider is currently receiving support, it said. Or the commission could take no action, staff said. Next week’s ACC meeting agenda also includes an item on changing the state USF surcharge (docket RT-00000H-97-0137) and two proposed orders to close dockets related to Frontier Communications deregulation (dockets T-03214A-21-0334 and T-03214A-17-0305).

Frontier Communications sought rehearing Friday of an amended Arizona Corporation Commission order on the carrier’s June 911 outage. The ACC on Tuesday modified a July 27 decision requiring the company to invest in redundancy (see 2208160042). The commission removed a requirement that Frontier disseminate its emergency response plan to public safety agencies and the state 911 office, but left the rest of the order intact. Frontier supported the change but maintains objections to the original order, which was unlawful and issued without affording the company due process, it said in docket T-20680A-21-0198.

Frontier Communications sought rehearing of an Arizona Corporation Commission (ACC) decision requiring it to invest in redundancy after a 911 outage. The commission’s July 27 decision responded to a June 11 outage caused by gunfire (see 2206290010). Commissioners issued the order without giving Frontier due process or following administrative rules, said the carrier: The order is “unlawful, unreasonable, and unsupported by substantial evidence.” The ACC should vacate the order and work with Frontier “to develop a remedy plan that will accomplish, rather than undermine, the Commission’s legitimate goal of ensuring safe and reliable 911 access for the people of Arizona,” the carrier said Tuesday in docket T-20680A-21-0198. Requiring the carrier to invest in redundancy and diversity will likely result in a $78 monthly surcharge for customers, which is more than three times the average customers’ monthly bill in the affected area, said the company: “Frontier’s customers would likely drop their services in droves” if that happened.

The health data privacy debate after the Supreme Court’s overturning of Roe v. Wade is focusing on social media platforms. Nearly 20 Republican state attorneys general asked Google Friday not to comply with Democrats’ request to “skew” search results and bury information on crisis pregnancy centers (see 2206290058). The Dobbs v. Jackson decision renewed questions about whether police should be able to access health data when prosecuting or blocking access to reproductive health services.

The health data privacy debate after the Supreme Court’s overturning of Roe v. Wade is focusing on social media platforms. Nearly 20 Republican state attorneys general asked Google Friday not to comply with Democrats’ request to “skew” search results and bury information on crisis pregnancy centers (see 2206290058). The Dobbs v. Jackson decision renewed questions about whether police should be able to access health data when prosecuting or blocking access to reproductive health services.