March 4, 2010

"Why are we talking about 100 Mbit/sec service to 100 million people when some people would kill for 700 Kbit/sec?"
-- Andrew Seybold, Wireless Consultant

BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDAY, MARCH 4, 2010

NATIONAL BROADBAND PLAN AND THE STIMULUS
   Stupak, Lee worry changes will lead to wasted broadband stimulus dollars
   FCC broadband plan to reach all U.S. homes by 2020 without more money
   CFA: Knowledge, Power and Resources in the National Broadband Plan
   FCC Caved To Congressional Pressure on TV Spectrum
   Dingell: No Premature Broadband Plan Rulemakings, Please
   Copps: Too many Americans not online
   Copps Counsels Civil Rights Groups to Support FCC's Open Internet Proceeding
   FCC's broadband plan critiqued as overly broad, unfeasible
   The Power of Broadband for Small Business
   Don't rely on market forces to deploy broadband
   Public Safety 700 MHz Broadband Demonstration Network
   Designing, Implementing and Assessing an Internet Adoption Program for Senior Housing
   Verizon to FCC: Let Us Retire Copper
   Telstra airs National Broadband Network fears
   100 Mbps speeds in 13 countries

EDUCATION
   National ed-tech plan coming next week

GOVERNMENT & COMMUNICATIONS
   State Department Removes Political 'Fan' Pages from Facebook Site
   Vivek Kundra seeks to streamline fed computing

WIRELESS
   What Apple vs. HTC Could Mean
   Google secures patent to use location data in ads
   AT&T CEO revisits usage-based 3G pricing

HEALTH
   Congress to ask feds to extend start date for meaningful use rule
   CLIA Permits Electronic Exchange of Lab Data
   Survey: 58% of docs to roll out e-health records in next two years

STORIES FROM ABROAD
These headlines presented in partnership with:

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NATIONAL BROADBAND PLAN AND THE STIMULUS

CONCERNS ABOUT STIMULUS
[SOURCE: The Hill, AUTHOR: Kim Hart]
The chairs of the Rural Telecommunications Task Force are circulating a letter to colleagues expressing concern about recent changes to the Commerce Department's process for awarding broadband stimulus money. The letter, sent by Reps. Bart Stupak (D-MI) and Lee Terry (R-NE), asks other House members to send a letter to Larry Strickling, Assistant Secretary in charge of the National Telecommunications and Information Administration. The NTIA is charged with allocating more than $4 billion in stimulus awards for broadband expansion problems in underserved areas. During the first round of awards, existing broadband providers had 30 days to challenge stimulus applications that propose building networks in areas they already serve. This was intended to ensure stimulus money would not go to regions that already had broadband service. But under the rules for the second round of awards, NTIA wants to shorten the window for existing providers to review projects to 15 days. "This shortened window will be unworkable for many rural broadband providers and increases the risk of wasting taxpayer money," the "dear colleague" letter said.
benton.org/node/32789 | Hill, The
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BROADBAND PLAN: REACH ALL HOMES BY 2020 WITHOUT MORE MONEY
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
The Federal Communications Commission's upcoming national broadband plan won't require additional funding from Congress to achieve its goal of bringing high-speed Internet access to all U.S. homes by 2020, according to sources familiar with the agency's proposal. But if lawmakers want to achieve universal broadband access any sooner than 2020, then the agency is expected to recommend that Congress pour more money into the Universal Service Fund, the sources said. Those recommendations are expected to be included in a plan aimed at achieving President Obama's goal of establishing universal broadband access. The FCC's plan is scheduled to be presented by the agency to Congress in two weeks. The sources spoke on condition of anonymity because the FCC's proposal has not yet been made public. Reforming the Universal Service Fund for broadband services could begin by 2012. That fund, at around $8 billion a year, would be the main source of funding to support deployment of affordable broadband to the 4 percent of U.S. homes that don't already have access to high-speed Internet. Chairman Genachowski said the plan would include measures to increase competition among broadband providers. He declined to say whether that would mean caps on the amount of spectrum that the biggest wireless carriers could buy in auctions. The FCC plans to free about 500 megahertz of spectrum, including over-the-air broadcast airwaves, for mobile broadband. The plan is expected to include protections for consumers, including the requirement that companies publish a data chart on speeds and prices similar to food nutrition labels. Such labeling would make it easier to hold broadband service providers accountable for what they advertise and help consumers compare services offered by competitors, according to sources. But sources said the agency won't follow the suggestion of a Harvard Law School report to include a provision requiring broadband service providers to open their lines to access by other companies offering competitive services.
benton.org/node/32749 | Washington Post
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CFA: KNOWLEDGE, POWER AND RESOURCES IN THE NATIONAL BROADBAND PLAN
[SOURCE: Consumer Federation of America, AUTHOR: Mark Cooper]
In meetings with policymakers at the Federal Communications Commission, the Consumer Federation of America emphasized four basic points:
1) The United States needs to return to world leadership in communications because universal broadband service is vital to building an effective economy and society, as well as maintain the global competitive position of the United States.
2) The laissez faire policy of the Bush administration had failed miserably, reducing the U.S. from the top of the global communications ranks to a middling position. Immediate implementation of active public policies to address both digital exclusion and digital evolution are critically necessary to restore the U.S. to world leadership. Dr. Cooper lamented the fact that the Bush administration had abandoned the public interest principles of the Communications Act, principles that had served the nation so well for a century, and urged the Commission to return to the vigorous implementation of those public interest principles in policy.
3) In order to implement the necessary policies, Cooper urged the FCC to view each major obstacle to digital inclusion and evolution through three lenses - knowledge, power and resources. It should explain why the policy is necessary, what its authority is and the existing authorization to spend resources to implement the policy.
4) In each area, the commission should identify the immediate steps it will take to start the movement toward the goals, as well as those measures that require more knowledge, new authority or additional resources.
Cooper explained that the National Broadband Report should find that the FCC should define broadband as eligible for support with universal service funds, following the Joint Board recommendation. Since the National Broadband Plan is just a report, to Congress, albeit an important one that will be influential in justifying further action, the FCC should immediately launch the proceedings necessary under the Communications Act to do define broadband as a universal service. In those proceedings, the Commission will, naturally, state the full rationale for the proposed rule, the authority under which it is acting and the resources it intends to use to implement the rule. It would also identify areas where there are uncertainties that need to be clarified.
benton.org/node/32750 | Consumer Federation of America
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FCC CAVED TO CONGRESSIONAL PRESSURE ON SPECTRUM
[SOURCE: CongressDaily, AUTHOR: David Hatch]
The Federal Communications Commission's decision to mothball controversial proposals that would have forced television broadcasters to relinquish up to half their spectrum was prompted by more than just industry opposition. House Communications Subcommittee Chairman Rick Boucher (D-VA) revealed that pressure from congressional Democrats played a significant role. "I have signed letters along with other members and I have had discussions at the commission indicating that the forced approach was wrong," he said during a Tuesday speech to the National Association of Broadcasters. Speaking to reporters, Chairman Boucher elaborated that he and former Commerce Committee Chairman John Dingell (D-MI) were among the signatories of a letter to the FCC, sent when they first learned stations could be forced to cede spectrum, urging the agency to back off. The congressman doesn't want the commission to take any steps that might undermine the TV industry's historic switch last June to digital transmissions.
benton.org/node/32751 | CongressDaily
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DINGELL PROTECTS BROADCASTERS' SPECTRUM
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Former House Commerce Committee Chairman John Dingell (D-MI) has asked the Federal Communications Commission not to adopt any "premature" rulemakings on the National Broadband Plan without consulting Congress first. Rep Dingell said he was "anxious" about the process of adopting the plan, which is due to Congress March 17. It is widely expected to be a blueprint for action, followed by rulemakings to implement some of the proposed policies. "While the plan is essential to improving the nation's broadband infrastructure and access to it," said the congressman, "I believe its implementation must proceed as a collaborative effort between the Congress and the Commission." "Premature rulemaking action by the Commission to implement the National Broadband Plan's recommendations very well may be counterproductive to the goals I have just outlined, and as such, I have sent a letter to Commission Chairman Julius Genachowski urging him to coordinate with the Congress in implementing the plan," he said.
benton.org/node/32752 | Broadcasting&Cable
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COPPS: TOO MANY AMERICANS NOT ONLINE
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Michael Copps]
Speaking at the Joint Center for Political and Economic Studies' Media and Technology Policy Forum, Federal Communications Commission member Michael Copps said: Last week's Joint Center Report on National Broadband Minority Adoption helps us understand more about where we are in this country. While we see continued adoption among minorities, we also learn -- and this is a quote from the Report -- "Those Americans who stand to gain the most from the Internet are unable to use it to break the cycles of social isolation, poverty, and illiteracy." So those segments of the population most weighed down by economic and social hardship are the very ones denied the digital access they need to improve their lot. They're not part of the growing digital information ecosystem of the Twenty-first century. They are African-Americans, Hispanic Americans, Native Americans, disabled Americans, poor Americans, rural Americans, inner city Americans -- let's just say: too many Americans. With so many individuals and communities still left behind, perhaps we shouldn't be surprised that the Internet that's taking shape doesn't yet look quite like the diverse America so many of you in this room are trying to nurture. As recent scholarship is beginning to show-and this may sound blunt but I think there's more than a little to it-the folks who are most active and who are the major players on the Net are, more often than not, better off economically and more highly educated than the rest of us, and they are also more often white and male than the nation as a whole. One very stimulating book on this subject is Matthew Hindman's The Myth of Digital Democracy. On top of that, it is companies with scale and power who configure the routes and determine where we all go-or are directed to go-when we log on in search of whatever it is we're searching for.
benton.org/node/32782 | Federal Communications Commission
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COPPS COUNSELS CIVIL RIGHTS GROUPS TO SUPPORT FCC'S OPEN INTERNET PROCEEDING
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Speaking at the Joint Center for Political and Economic Studies' Media and Technology Policy Forum, Federal Communications Commission member Michael Copps counseled civil rights groups to stand together in support of the FCC's Open Internet proceeding. Commissioner Copps said Wednesday (March 3) that nobody would benefit more from that proceeding than "those who have suffered lack of opportunity for generations." He was speaking at a Joint Center Media and Technology Policy Forum in Washington. There has been some division in the minority community over the impact of network neutrality--Copps calls that an "inelegant" term--on the digital divide. Some groups have expressed concern that codifying and expanding the FCC's network openness guidelines could discourage the kind of investment that will get broadband to underserved areas that area disproportionately minority. Another school of thinking, championed by Copps' fellow Democratic Commissioner Mignon Clyburn, holds that openness benefits entrepreneurs and protects equality of access to the lifeline of broadband.
benton.org/node/32781 | Broadcasting&Cable
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FCC'S BROADBAND PLAN CRITIQUED AS OVERLY BROAD, UNFEASIBLE
[SOURCE: Computer World, AUTHOR: Matt Hamblen]
The National Broadband Plan already appears to be impossibly broad and technologically difficult to roll out, based on what's known about the proposal so far, several analysts said Tuesday. "Congress is not going to spend any time with this plan, because it won't get any of the elected officials re-elected, so they'll just get a five-minute overview from their staffs and pass over it," said analyst and consultant Andrew Seybold, who is writing his own national plan to address the expansion of broadband services to urban and rural areas. Jack Gold, an analyst at J. Gold Associates, said that whatever Congress gets from the FCC needs to be "broken into stages rather than being put into a big omnibus bill, because, frankly, Congress can't get a big omnibus bill right. You are not just talking about technology here; you are talking about politics." Seybold said the upcoming National Broadband Plan needs to focus on only a few top priorities instead of being so broad. One priority, he said, should be faster Internet connections to rural areas. "Giving 100 Mbit/sec connections to Google customers is irrelevant," he said, referring to Google's plans to test fiber optic connections with ultra-fast speeds. "Why are we talking about 100 Mbit/sec service to 100 million people when some people would kill for 700 Kbit/sec?" Seybold wants five tiers of service for Internet speeds available to all Americans, with those currently without Internet connections to get at least the lowest tier of service, ranging from 500 Kbit/sec to 1 Mbit/sec. The top tier would be for 50 Mbit/sec and greater connections. Because no carrier is going to bear the cost of rural connections everywhere, Seybold suggested that the FCC urge Congress to take proceeds from any auction of unused TV spectrum and apply it toward rural broadband construction. Currently, the FCC's spectrum money must go toward retiring the national debt. Seybold noted that $50 billion raised from a TV spectrum auction would only pay off the amount of national debt incurred in two weeks. "Let's forget paying off the national debt with the auctions," he said. Seybold said any focus on universal broadband access needs to be on rural areas. Some urban areas, while underserved, do not qualify for federal subsidies since there are at least 10 private ISPs nationwide who are attacking the urban digital divide with affordable plans. Seybold and other analysts said that many of the broadband issues the FCC has addressed might not require congressional action, although one area in need of legislation stands out. The National Telecommunications and Information Administration oversees much of the nation's electromagnetic spectrum -- even more than the FCC does, Seybold noted.
benton.org/node/32780 | ComputerWorld
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THE POWER OF BROADBAND FOR SMALL BUSINESS
[SOURCE: Federal Communications Commission, AUTHOR: Dave Vorhaus]
Small businesses and entrepreneurs are the life-blood of the American economy. They create jobs, create wealth, and drive the country forward through innovation and ingenuity. Small businesses employ more than half of America's workers and account for most of America's net new job growth each year. Thus supporting these businesses with cutting edge connectivity and technology tools is not just a good idea; it is a vital national purpose.
But the story of broadband for small businesses and entrepreneurs is not just one of basic access and adoption, as the vast majority of businesses have a broadband connection of some fashion today. It is also a story of education and usage. Broadband is a tool, and like any tool, its utility is predicated on being applied correctly. In the case of broadband, this means allowing businesses to take advantage of new services, new applications and new business models that are only possible in a world of high-speed, reliable connectivity. Large businesses with dedicated IT staffs and broad resources can rise to this opportunity internally with tools such as e-commerce, knowledge sharing, online collaboration, videoconferencing and many others. But small businesses have more pressing concerns. The owner of a 15-person retail shop is worried about day-to-day operations, managing finances and keeping the business running. He doesn't have time to research how an online inventory management system could improve his business' efficiency and reduce his costs, much less install such a system.
For that reason, the National Broadband Plan is focusing on ways to increase knowledge, training and assistance for small businesses in using broadband. Rather than asking small businesses to seek out the tools that make broadband transformative to their businesses, we want to help lay those tools at their feet. Our working recommendations deal with counseling for small businesses, support programs and networks of assistance for entrepreneurs, and making broadband tools and training key cogs in the federal government's existing small business support efforts. Working in close partnership with the Small Business Administration, the Economic Development Administration, the Department of Labor, and a myriad of leading private firms from all corners of the communications and technology industries, we aim to maximize the impact of broadband by helping small businesses put it to the optimal use.
benton.org/node/32779 | Federal Communications Commission
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DON'T RELY ON MARKET FORCES TO DEPLOY BROADBAND
[SOURCE: EE Times, AUTHOR: Matt Wood]
[Commentary] According to Congress, the National Broadband Plan must "seek to ensure that all people of the United States have access to broadband capability" at affordable prices. As if that's not enough, the Federal Communications Commission must suggest strategies to improve consumer welfare, civic participation, public safety and homeland security, healthcare, energy independence, education, job creation, economic growth, and a slew of related imperatives. Some would suggest that the market will provide the answers. Those hoping for an entirely market-based solution to fill current gaps in penetration and adoption will hope in vain. As the Department of Justice recognized in comments filed prior to the broadband plan's release, and as media reform advocates have long recognized, there are problems with market structure and market failures affecting the U.S. broadband ecosystem. Private investment alone, in the current regulatory climate, cannot overcome duopoly dominance and engender more robust competition to benefit consumers. Neither can market forces alone extend broadband to areas where there may be no business case to do so at present. Nor will such forces subsidize adoption for people who would benefit most from job training and job searching online, but who cannot afford broadband connections or computers. The FCC cannot hope that allowing past and current telecom and media market failures to persist will somehow result in broadband success trickling down from entrenched incumbents. Therefore, the FCC's plan must include several key components: universal service reform to promote efficient broadband deployment and adoption; a revision of special access; spectrum allocation policies to eliminate broadband bottlenecks; strengthened wireline and wireless broadband consumer protection rules to require greater accuracy and transparency in disclosures about broadband speed, performance, and prices both to prospective and existing customers.
[Matt Wood is associate director of the Media Access Project.]
benton.org/node/32778 | EE Times
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NIST DEMONSTRATION NETWORK
[SOURCE: National Institute of Standards and Technology]
The National Institute of Standards and Technology (NIST) announces the building of a 700 MHz Public Safety Broadband Demonstration Network (Demonstration Network), which will provide manufacturers and first responders a location for early deployment of their systems in a multivendor, neutral host environment. Emergency responders will see how these broadband systems will function and determine through hands-on experience how these systems meet their unique needs. This Notice of Solicitation of Participation both seeks Expressions of Interest from parties that may be interested in participating in the Demonstration Network and also announces a project kick-off meeting for all interested stakeholders.
benton.org/node/32758 | National Institute of Standards and Technology
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BROADBAND AND SENIORS
[SOURCE: BroadbandBreakfast.com, AUTHOR: Don Samuelson, Andrew Lowenstein]
[Commentary] There are three essential elements in the design and implementation of an effective broadband adoption program for seniors living in senior housing communities and for their surrounding neighborhoods. The first element involves the establishment of a solid base line of information on each given community which can function as a starting point. This will include: 1) demographic and background data on the senior population; 2) questionnaires on their existing familiarity with and use of typewriters, computers and the Internet; and 3) surveys of their initial thoughts on how computers and the Internet might be useful to them and which Internet skills they would like to develop. The second element involves the "intervention strategies," the approaches and programs used to raise the awareness levels of seniors with respect to the personal and practical benefits that can result from the broadband/Internet skills and applications. It also involves offline and on-line education training most effective in developing those skills. The third element involves ongoing and post-program evaluation. What Internet skills were actually developed? How are the skills being used? Was there testing? Did "offline" seniors become online Internet subscribers? What did it take/cost to convert a previously offline senior to an active user with an Internet account: A certification of a "driver's license" level of computer/Internet competence for travel on the information superhighway? The personal ownership of an Internet device and broadband connectivity? What can be done to make awareness raising efforts, the education and training and the sustained use of the Internet more efficient and fun? How can the overall process be improved? How can it become more cost-effective. Were the increases in the appreciation and use of the Internet results justified by the costs?
benton.org/node/32757 | BroadbandBreakfast.com
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VERIZON TO FCC: LET US RETIRE COPPER
[SOURCE: Verizon, AUTHOR: Donna Epps]
In meetings at the Federal Communications Commission, Verizon offers arguments for why the FCC should allow the retirement of duplicative copper facilities following the deployment of all-fiber networks. Verizon explained proposals to prohibit retirement of duplicative copper facilities would harm the business case for investment in fiber.
benton.org/node/32768 | Verizon
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TELSTRA AIRS NATIONAL BROADBAND PLAN FEARS
[SOURCE: Herald Sun, AUTHOR: Ben Butler]
Telstra has reopened its long-running dispute with the Federal Government over the planned national broadband network, telling shareholders it is "very concerned" about the Government's draft National Broadband Network legislation which could turn the NBN into a retail competitor. Chairman Catherine Livingstone and chief executive David Thodey said, "Although this is only draft legislation, it raises for the first time the prospect of NBN Co becoming a government-funded retailer, not just a wholesale network provider." They said Telstra was still talking with the Government and NBN Co and remained "committed to trying to find a mutually acceptable outcome". Telstra reiterated concerns about a Bill already before Parliament that would force it to split its infrastructure and service arms.
benton.org/node/32767 | Herald Sun
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100MBPS SPEEDS IN 13 COUNTRIES
[SOURCE: Broadband TV News, AUTHOR: Robert Briel]
"Cable companies are game changers with 100 Mbps broadband speeds," says Cable Europe President, Manuel Kohnstamm. "Fiber-speed is launching us to new levels of performance in living rooms across Europe. With 100 Mbps+ speeds now available in 13 countries, we continue to set new benchmarks. Years of investment are paying off," he said. "We could not be more supportive to the policy makers of Europe in their vision of the new Digital Agenda." The countries offering 100 Mbps in 2009 were Sweden, Germany, France, Finland, Belgium, Austria, Czech Republic, Hungary, The Netherlands, Poland, Slovak Republic, Switzerland and Portugal even offering speeds up to 200 Mbps. The United Kingdom and Denmark are following this year.
This headline is presented in partnership with:

benton.org/node/32766 | Broadband TV News
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EDUCATION

NATIONAL ED TECH PLANNING COMING
[SOURCE: eSchool News, AUTHOR: Meris Stansbury]
The latest national blueprint for how schools can leverage technology's power to transform teaching and learning is coming next week, said Karen Cator, director of the Office of Education Technology for the Department of Education. Cator made the announcement at the Consortium for School Networking's annual conference March 2. During a morning spotlight session, titled "Latest News on the New National Education Technology Plan," she gave attendees a preview of the plan. Highlights included a focus on teacher professional development in education technology, supporting ed-tech infrastructure in schools, using real-time data and delivering personalized assessments, and harnessing the power of online learning and social networks to provide 24-7 access to tools and resources for teachers and students. Cator said the new national ed-tech plan focuses on five main goals:
1.Learning. This means unprecedented access to learning for students, as well as finding new ways of understanding what types of learning experiences work best.
2.Teaching. Teaching needs to be highly connected with data, experts, and resources to provide a personalized learning experience for every student. Online learning also needs to be harnessed as an in-classroom and outside-of-classroom tool to reach every student possible.
3.Assessment. Assessments need to measure what matter most; provide real-time feedback for students, teachers, and parents; be embedded in classroom instruction; manage a persistent learning record; and provide continuous improvements at all levels.
4.Infrastructure. This means providing 24-7 access to tools and resources for teachers and students; including broadband access, cyber safety measures, best implementation practices, and leveraging economies of scale.
5.Productivity. To get students over a higher bar, said Cator, schools need to increase their efficiency in terms of time, money, and staff.
benton.org/node/32774 | eSchool News | TechDailyDose
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GOVERNMENT & COMMUNICATIONS

STATE DEPARTMENT REMOVES POLITICAL 'FAN' PAGES
[SOURCE: The Atlantic, AUTHOR: Marc Ambinder]
Balancing social media and federal law is tricky which is one reason why many technologists hope that Congress adopts tech-neutral laws that allow room for experimentation. The State Department has been among the most aggressive experimenters, directly linking social media engagement with its diplomatic efforts. Virtually every major speech Secretary of State Hillary Clinton delivers is buttressed by a small army of online diplomats who want to make sure that as many people as possible hear her speech and State's spin on it. When President Obama delivered his speech in Cairo, the State Department organized online townhall meetings in dozens of countries. It has advised other governments on best practices, and, during the first quakings of the Iranian revolution, asked Twitter to delay an upgrade in order to allow Iranians to Tweet. The Facebook page maintained by the Department of State includes on its fan pages links to two political pages: Barack Obama's page, maintained by the Democratic National Committee, and Joe Biden's page, set up by his now-defunct political committee. You can access these pages through, say, the Department's page for the Kabul embassy. It is the 21st century equivalent of putting up Obama for America yardsigns on the lawn of a U.S. embassy. Now -- this is a tiny and inconsequential violation of the rules, but it does seem to break the Hatch Act, which prohibits government from promoting political entities. A link to Obama's White House would be acceptable. The State Department is still figuring out its best practices when it comes to social media, but there are some bright lines, and this is one of them. National security resources, in particular, cannot be used in any way for political purposes, even inadvertently, as is the case here. Clarifying what's permissible and what isn't is important across the government, but State plays a special role, and one assumes that it ought to be held to a higher standard.
benton.org/node/32769 | Atlantic, The
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WIRELESS

WHAT APPLE VS HTC COULD MEAN
[SOURCE: New York Times, AUTHOR: Nick Bilton]
The lawsuit that Apple filed on Tuesday against HTC, the mobile handset maker, opens up a lot of questions about the future of Android phones like the Nexus One and the cellphone market in general. But it could also have an effect on consumers, specifically those who have purchased HTC Android phones. Jonathan Zittrain, a professor at Harvard Law School, outlines a similar case in his book "The Future of the Internet — and How to Stop It." In 2004, TiVo sued the satellite TV distributor EchoStar, accusing the company of infringing on its patent on DVR technology. After some drawn-out litigation, TiVo ended up winning the case, and a Texas judge ordered EchoStar to disable the DVR functions on most of its set-top boxes. An appeals court is reviewing the matter. "The judge simply ordered EchoStar to connect to the DVR boxes via the Web and destroy the functionality," Mr. Zittrain told me in an interview. "Patent law is a completely different universe online. That means if the court were to side with Apple and issue an injunction that insists HTC kill the phone, or at least some of its functionality, they easily could." A ruling that would call on HTC to kill the whole phone benton.org/node/32761 | New York Times
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GOOGLE LOCATION DATA PATENT
[SOURCE: Los Angeles Times, AUTHOR: Don Reisinger]
The U.S. Patent and Trademark Office has awarded Google a patent that will allow the company to use location information in advertisements. Google's patent could have far-reaching effects on both Web-based and mobile advertising efforts. The patent allows Google to build tools for advertisers that use location information to improve the effectiveness of an ad campaign. Google having the patent could have profound effects on both Web and mobile advertising. More sites than ever are incorporating location awareness into their services. To generate revenue, some of those companies might be considering using location information in ads.
benton.org/node/32760 | Los Angeles Times
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AT&T AND USAGE-BASED PRICING
[SOURCE: Connected Planet, AUTHOR: Kevin Fitchard]
On March 2, AT&T CEO Randall Stephenson reiterated the carrier's plans to move toward more usage-based pricing in the future as AT&T seeks to rein in costs resulting from the enormous traffic surge on its 3G network. Speaking at a Morgan Stanley conference, Stephenson didn't lay out any specifics on what kind of tiered or metered pricing AT&T will eventually use, though he said that some form of new pricing mechanism must be put in place to ensure that those that consume the most network resources bear more of the costs. Though AT&T's smartphone data plans use static pricing and its mobile broadband access services rely on data caps, Stephenson said AT&T is already exploring new pricing models in the emerging devices category. Pricing for eBook readers, tablets like the Apple iPad and other non-phone form-factor devices are all being launched without the traditional monthly service plan, relying on event-based pricing and even prepaid models.
benton.org/node/32756 | Connected Planet
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HEALTH

CONGRESS ASKS FOR EXTENSION FOR MEANINGFUL USE
[SOURCE: HealthcareITNews, AUTHOR: Diana Manos]
Some members of Congress are going to ask federal officials to postpone the start date for when providers must begin to show meaningful use of health data to qualify for bonuses under the new American Recovery and Reinvestment Act, according to Rep Tom Price (R-GA), who spoke in a healthcare policy session Monday morning at HIMSS10. Under ARRA, hospitals may begin collecting data by Oct. 1 of this year and physicians by Jan. 1, 2011 to qualify for the most bonuses. But Price and a bipartisan group of House members feel this is too steep of a deadline. Providers will struggle to be ready in time, he said. The Centers for Medicare and Medicaid Services are expected to release a new certification rule soon that would establish how organizations could apply to become certifiers of electronic health record products for meaningful use. Price said all of this will take more time - both for certifying bodies and providers. Rep Price, an orthopedic surgeon and the ranking Republican member on the House Health, Employment, Labor, and Pensions Subcommittee said, "the question we ought to be asking ourselves is, how is all of this going to work"? All 14 physicians in the House agree advancement of healthcare IT is more important than ever, but HIT laws need to be flexible, he added.
benton.org/node/32754 | HealthcareITNews
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CLIA PERMITS ELECTRONIC EXCHANGE OF LAB DATA
[SOURCE: Health IT Buzz, AUTHOR: Dr. David Blumenthal]
On March 1, 2010, Center for Medicare and Medicaid Services, in collaboration with Office of the National Coordinator for Health Information Technology, released guidance clarifying that the Clinical Laboratory Improvement Amendments (CLIA) permit labs to electronically exchange lab data and addressing some confusion regarding laboratory data and health IT. This guidance was put forth in a Survey and Certification letter, including interpretive guidance and frequently asked questions. Underlying this guidance is the clear recognition of the need for privacy and security of laboratory test results. When such information is shared, there should be a commitment that the all test results will be protected and used by the right people and for the right reasons.
benton.org/node/32753 | Health IT Buzz
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DOCS ROLLING OUT E-HEALTH RECORDS
[SOURCE: ComputerWorld, AUTHOR: Lucas Mearian]
A survey released by Accenture and Harris Interactive showed that 58% of physicians in small private practices plan to roll out electronic medical record (EMR) technology over the next two years, spurred by federal regulations that will first offer monetary incentives and then penalties. The researchers surveyed 1,000 U.S. physicians in December who worked in offices with fewer than 10 practitioners. Nearly 80% of the respondents age 55 or younger said they planned to roll out EMRs in the next two years. The purpose of the survey was to determine physicians' concerns and perceptions of EMRs and gauge motivating factors at a time when federal legislation includes incentives for physicians who implement EMRs and penalties for those who do not adopt EMRs by 2015. Of the physicians surveyed, only 15% said they were already using EMRs. Overall, only 6% of private physician practices have fully functioning EMR systems in place, according to Accenture.
benton.org/node/32755 | ComputerWorld
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