The US Senate today confirmed nominee Anna Gomez to the Federal Communications Commission, finally giving President Biden a Democratic majority on the telecom regulator more than two and a half years into his presidency. The vote to confirm Gomez was 55-43 and went mostly along party lines.

Biden’s first nominee was Gigi Sohn, a longtime consumer advocate who drew united opposition from Republicans and doubts from more conservative Democrats. Sohn withdrew her nomination in March 2023, blaming the cable lobby and “unlimited dark money” for scuttling her appointment. The Senate never scheduled a floor vote on Sohn.

Biden tried again in May with the nomination of Gomez, a State Department digital policy official who was previously deputy assistant secretary at the US National Telecommunications and Information Administration (NTIA) from 2009 to 2023. A lawyer, Gomez was vice president of government affairs at Sprint Nextel from 2006 to 2009 and before that spent about 12 years at the FCC in several roles.

Gomez got through the confirmation process with relative ease, though most Republicans voted against her. Both parties seem to expect the FCC to reinstate net neutrality rules now that Democrats will have a majority.

Net neutrality

Sen. Ted Cruz (R-Texas) warned about the return of net neutrality rules when he spoke against the Gomez nomination on the Senate floor today. “If confirmed, she would give the Democrats a majority at the FCC that would enable them to impose a radical left-wing agenda, including investment-killing and job-killing so-called net neutrality rules, otherwise known as Obamacare for the Internet,” Cruz said. “I strongly oppose her nomination and I encourage my colleagues to do the same.”

Sen. Ed Markey (D-Mass.) also brought up net neutrality in a floor speech today. “With three Democratic commissioners, the FCC can act swiftly to restore net neutrality and protect a free and open Internet… It has been nearly six years since the Trump FCC repealed net neutrality.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,” Markey said.

After the vote, Markey issued a statement saying that the “new majority will finally be able to use the FCC’s authority to restore their rightful authority over broadband Internet access.” That is a reference to regulating ISPs as common carriers under Title II of the Communications Act, the authority underpinning the former net neutrality rules.

Five Republicans voted yes

Five Republicans voted in favor of the Gomez nomination, according to the Senate Press Gallery. The Republican yes votes came from Shelley Moore Capito of West Virginia, Susan Collins of Maine, Lisa Murkowski of Alaska, Mike Rounds of South Dakota, and Todd Young of Indiana. Sens. Cory Booker (D-N.J.) and Jerry Moran (R-Kans.) did not vote.

“Glad to see some Republicans showing sense. Annoyed at how many vote no on a candidate as qualified and non-controversial as this,” commented Harold Feld, senior VP and consumer advocacy group Public Knowledge.

Media advocacy group Free Press said the “unprecedented 32-month delay” that deadlocked the FCC “was the result of concerted efforts by the phone, cable, and broadcast lobbies to hamstring the agency that oversees their businesses. Gomez’s confirmation restores the agency’s full complement of commissioners and provides a tie-breaking vote on issues related to diversifying media ownership, promoting broadband affordability and protecting the rights of Internet users.”