With public policy at the forefront of American politics, the telecom world is waiting to see how a Biden presidency will impact telecom legislation. From general telecom regulation to 5G policies and other hot topics like the MVDDS 5G petition in the balance, the telecom industry is abuzz about who Biden will consider for Chairperson of the FCC.
Telecom has much at stake in this, as the chair of the FCC will certainly impact all aspects of the industry, including 5G regulation, the highly anticipated spectrum frequency auctions, and timelines for 5G rollout in the US.
Let’s take a look at some of the potential candidates and what types of policies we will likely see under a Biden Administration.
Several potential candidates appear keen on digital advocacy — making it likely that they support the use of MVDDS spectrum for 5G wireless — which can speed up 5G rollout across the US.
Mignon Clyburn and Jessica Rosenworcel, two strong female contenders, also have extensive experience with the FCC. Mignon Clyburn has served as an FCC commissioner for the last nine years, which included being the acting chair.
As a member of the FCC since 2012, Jessica Rosenworcel remains the longest-serving Democrat on the Commission. In 2013, thirty-seven Democrats backed her nomination for FCC chair, but President Obama appointed Tom Wheeler instead. People know Rosenworcel for her interest in digital advocacy rights groups like Free Press and Public Knowledge. Both Rosenworcel and Clyburn voted against net neutrality in 2017. Rosenworcel also advocates for the FCC to send Wi-Fi hotspots to schools to make the internet accessible to all students. Her push for digital rights advocacy parallels that of a potential candidate, Geoffrey Starks.
Known for his commitment to diversity issues, Starks, a junior member of the FCC, received the nomination to replace Clyburn in 2018. Starks believes communications technology should promote equality and opportunity. Therefore, he advocates for diversity and fights for policies designed to ensure home internet access to all Americans.
Clint Odom, another potential candidate, has ties to Rosenworcel. Like Rosenworcel, Odom also holds years of FCC experience, including acting as Rosenworcel’s policy director and serving on the Senate Commerce Committee. From 2007 to 2019, he served as legislative director to Vice-President-elect Kamala Harris, advising her on tech issues and racial justice initiatives. Additionally, Odom, known as a social justice advocate, may support public policies that align with Biden administration priorities.
Gigi Sohn and Jessica González represent two women in potential consideration that have strong ties to public interest groups. Sohn has served as the co-founder and former president of Public Knowledge, a non-profit group that focuses on choice in the digital marketplace and end-to-end internet. Sohn also served as a senior adviser to Tom Wheeler from 2013 to 2017.
Currently, Sohn works as a fellow at the Georgetown Law Institute for Technology Law and Policy. Being an outspoken advocate for restoring the FCC’s full authority, Sohn may lean away from strict telecom legislation. Jessica González functions as co-CEO of Free Press, a group advocating for media and communication issues. The public knows González as a driver of inclusive communication policies both in her role as a former executive VP and a general counsel for the National Hispanic Media Coalition.
These possible candidates have strong law and policy-driven backgrounds — some as net neutrality supporters likely to have a pro-business approach influencing further action on spectrum frequencies.
Two candidates in this group, law firm partners, have experience with FCC policy and enforcement. Anna Gomez, a partner at Wiley Rein, has a solid familiarity with FCC policy. Between 1994 and 2006, Gomez held five separate jobs at the FCC. In addition, she worked as acting administrator of the National Telecommunications and Information Administration in 2009. Travis Leblanc, a partner at Cooley, worked as a special adviser to Kamala Harris when she worked as Attorney General of California. Leblanc also served as the FCC’s enforcement bureau chief.
Like Leblanc, Edward “Smitty” Smith has ties to Kamala Harris. Smith works as a partner at DLA Piper where Harris’s husband also works as a partner. Also, Smith served as a former adviser to the FCC and was a 2014 candidate for Attorney General of Washington D.C.
Two women in this group work as professors of higher education in law. Catherine Sandoval, a professor at Santa Clara University School of Law, focuses on telecommunication, antitrust, and energy issues. With a background in internet law and policy, she helped develop policies for the FCC around Spectrum in the late 1990s. As a scholar, she has written extensively about antitrust law and the FTC Act.
Susan Crawford, a well-known progressive policy and consumer advocate, teaches at Harvard Law School. In 2009, she served as special assistant to Obama for science, tech, and innovation policy. In addition, Crawford co-led the FCC transition team between the Bush and Obama administrations. Crawford champions net neutrality and supports the public interest community.
Some telecom experts in the running will most likely lean away from strict telecom regulation.
The individual with the longest FCC experience in this candidate group, Blair Levin, researches and writes about telecom and broadband issues. Levin also served as chief of staff to FCC Chairman Reed Hundt from 1993 to 1997 and served as executive director for the FCC’s National Broadband Plan from 2009 to 2010.
Another candidate, Larry Stickling, has held various tech and telecom government positions since the 1990s, including FCC and Commerce Department Policy Coordinator for President Obama. Considered by experts as a strong commissioner for the FTC or FCC, Nicol Turner Lee currently serves as a director of the Brookings Institution’s Center for Technology Innovation and functions as a widely recognized telecommunications expert.
With so many potential candidates for FCC Commissioner, telecom experts and stakeholders will have their eye on any comments from the Biden administration. While safe to assume that candidates that align with Biden administration priorities will contend strongly, there are several policymakers and telecom experts who offer unique qualifications but may not align.