January 2010

FCC Seeks Reply Comments on National Broadband Plan

The Federal Communications Commission has granted a request from the Media Access Project and now seeks reply comments addressing issues that have been raised during the course of the National Broadband Plan proceeding, noting that the many public notices, workshops, field hearings and recent dialogue on the issues have "cast new light and added new perspectives on many of the questions raised in those notices and meetings." Reply comments should be filed no later than January 27, 2010.

Clock starts ticking on meaningful use comments

The clock starts ticking today on a two-month window in which the public can comment on the Health & Human Service Department's "meaningful use" proposal, a set of rules outlining how providers can qualify for incentives for using electronic health records.

The Centers for Medicare and Medicaid Services and the Office of the National Coordinator for Health IT officially published their rules in the Federal Register Jan. 13. The package comes in two parts: an ONC interim final rule (IFR) covering standards and certification of EHRs and a notice of proposed rulemaking (NPRM) from the Centers for Medicare and Medicaid Services defining the "meaningful use" of health IT. According to CMS's meaningful use NPRM, the public has 60 days, or until March 15, in which to comment on the regulation after it is published in the Federal Register. Subsequent revisions will be made, with the final rule expected in spring of 2010.

HHS panel to give fresh spin to federal health IT strategy

On Jan 12, a federal advisory panel to the Health and Human Services Department began considering a framework today to update the Federal Health Information Technology Strategic Plan guiding adoption of electronic health records.

The updated plan is expected to be released by October. HHS initially created a strategic plan for health IT in June 2008 to cover the period through 2012. Under the economic stimulus law, HHS' Office of the National Coordinator for Health IT must update that plan. The Strategic Planning Workgroup began considering a nine-page framework in a meeting today. The workgroup will present its recommendations in the next several months to the HHS Health IT Policy Committee, which will forward recommendations by May to the HHS health IT national coordinator, who will release the updated plan by October, according to a schedule included in the draft update. By law, the updated plan must include a description of how policy developments will be coordinated among HHS officials, the Health IT Policy Committee and other committees and entities. It also must include benchmarks for the electronic exchange of health information, utilization of electronic health records and incorporation of security and privacy technologies, among other factors. The updated strategy must show how health IT will be used to improve care quality, reduce errors, improve public health and address special needs.

Key ingredient missing from e-health records, advisers say

The Health and Human Services Department might have missed an opportunity to include a requirement for physician progress notes to be collected within subsidized electronic health records (EHRs) in its recent proposed regulation, according to members of a federal advisory committee.

HHS' Health Information Technology Policy Committee convened to discuss possible missed opportunities, areas needing clarification and other gaps in the proposed rule, which was released on Dec. 30, 2009. Physician progress notes are generally narrative notes written by doctors to describe a patient's concerns. Some doctors have been advocating for inclusion of such narratives within digital health records as a valuable tool for understanding and properly diagnosing a medical condition or injury. Typically, commercial digital record systems do not offer such a narrative, but instead allow doctors to check various boxes on a template to describe a patient's condition. HHS also apparently missed a chance to set up indicators within the rule regarding substitution of generic drugs, and for use of certain high-cost imaging tools for diagnosis, according to Tang and Hripcsak. Other areas needing further clarification include specifying when digital medication records must be reconciled among providers, and how long digital records on patient medications, problem lists and allergies should be maintained, among other concerns, Tang and Hripcsak indicated in their testimony.

A broad 'shield' for journalists

[Commentary] As the Senate works to craft a shield law, one crucial issue is determining who is a journalist. In other words, whose promises of confidentiality deserve protection? For me, it's always instructive to go back to the founders when addressing questions like these. Who did they have in mind when they drafted a 1st Amendment that wisely gave broad protection to "freedom of the press"? The answer surely includes pamphleteers such as Thomas Paine.

Throughout the revolutionary era, countless citizen-journalists like Paine, operating on street corners in Boston, New York and Philadelphia, informed the public, exposed and challenged corruption, and indeed inspired the American Revolution. That experience must inform whom we consider deserving of the shield. Today's critics miss the mark when they argue that unless we sharply limit who counts as a "covered person" under a shield law, then irresponsible bloggers, freelancers and others will claim protection they don't deserve. Though not all bloggers are potential candidates for a Pulitzer Prize -- indeed, some are terribly irresponsible -- as a group they are today's street-corner pamphleteers, protecting our freedom and strengthening our democracy. Their predecessors in the founding generation surely would have understood the dangers in allowing Congress, or the executive, to deny the law's protection to whole categories of journalists based simply on their employment status or the medium in which they work. We in government must not permit our aversion to criticism, or our hostility to a particular message, to dictate who's in and who's out.

AFT: Education must change to move forward

Moving public education to a model that will better prepare students for today's knowledge economy, and one that will strengthen teacher development and evaluation, is critical to the nation's ability to compete on a global scale, said American Federation of Teachers (AFT) President Randi Weingarten. The AFT president outlined her vision for what teachers need to help their students succeed, and she discussed how to promote productive labor-management relationships, seeking out governors, mayors, school boards, and superintendents to join in this effort. Weingarten also unveiled a reform plan to ensure superior teaching and improve systems that have been ingrained in public education for more than a decade. "In a global knowledge economy, filling in the bubbles on a standardized test isn't going to prepare our children to succeed in life," she said. "If we are going to thrive in the 21st century, our entire approach to education must change—from what goes on in the classroom, to how we care for children's well-being, to how labor and management work together."

Google hack raises serious concerns, US says

A coordinated hacking campaign targeting Google, Adobe Systems, and more than 30 other companies raises serious concerns, Secretary of State Hillary Clinton said Tuesday.

Sec Clinton said that the U.S. government is taking the attack -- which Google said came from China -- very seriously. "We have been briefed by Google on these allegations, which raise very serious concerns and questions," she said. "We look to the Chinese government for an explanation." While attacks of this nature have hit the military, federal agencies, and government contractors in the past, Google is the first technology company to come forward and acknowledge it has been hit. Google apparently feels strongly that China is behind the attack because the company said Tuesday that the event helped convince the company that it "should review the feasibility of our business operations in China."

"China may throw Google out, and it will undoubtedly block Google.cn," said Danny O'Brien, an international coordinator at the Electronic Frontier Foundation, a digital rights group. There is also a concern that all Google services could be blocked in China if the company violates Chinese regulations by stopping its censorship of search results, said Shaun Rein, managing director of China Market Research Group in Shanghai. Offerings like Gmail, Google Docs, and Google hosting for businesses all have users in China and could be affected by a move to block the search giant's services. Chinese government censors constantly patrol the Internet for content deemed undesirable, including pornography and discussion of sensitive topics like corruption. They also block access across the country to popular U.S. Web sites including YouTube, Twitter and Facebook. Google is just one of a group of search engines including Microsoft's Bing and Yahoo China that remove certain results from their search engines targeted at the country.

FCC faces Network Neutrality hurdles, questions going forward

Does the Federal Communications Commission have the authority to enforce proposed network neutrality rules?

Last Friday, three federal judges appeared to question the FCC's scope of jurisdiction over ISP services when the agency said in 2008 that Comcast had illegally blocked the Internet file-sharing application BitTorrent. If the court rules against the FCC, the agency weigh options that would give it clear authority as the watchdog of the on-ramps to the Web: Internet service providers.

Among ideas is a broad reclassification of broadband Internet services under phone rules (Title II) that would concretely put ISPs under the scope of the agency. Under Title II, blocking rules would apply and the FCC could pursue its net neutrality rules to clarify how discrimination rules would apply to different kinds of broadband providers. It could also use that classification to more easily reform the Universal Service Fund for phone subsidies into one that also includes greater contributions to broadband. But it would also bring greater attention to potential open-access rules that would require the big providers to unbundle their services to be used by new upstarts who would provide more competition and choice. Some economists and scholars say open access rules correlate with greater broadband penetration and adoption. So far the FCC has been reluctant to address such rules in its broadband plan mandated by Congress and expected to be done by the middle of March. Public interest and consumer advocacy groups say they support a re-classification.

FCC: We're Not Picking Spectrum Winners, Losers

Phil Bellaria, the Federal Communications Commission's director of scenario planning for the National Broadband Plan, suggests you take a chill pill.

He says broadcasters are lobbying against a "worst-case" scenario that is no longer under consideration -- if it ever was. The former Charter Communications executive says the spectrum reclamation plan currently being prepared for vetting by the FCC Commissioners would be voluntary and would not require any broadcaster to sell its spectrum to the government or give up the ability to transmit in high definition, multicast or mobile, at least initially. However, the FCC might have to look at the spectrum issue again later, depending on demand. Bellaria says that suggestions by broadcasters that the FCC or special interests are trying to take broadcasters' spectrum were off the mark. "The reality is that we are not trying to take spectrum from any individual broadcaster unless that broadcaster chooses to do it," he said.

Technology, Learning and the National Broadband Plan

Representatives from the federal government, educational organizations, trade associations, and school districts came together to discuss the state of broadband in our educational system and what can be expected from the national broadband plan under development by the Federal Communications Commission.

The session, the January Broadband Breakfast Club, commenced with a presentation by Steve Midgley, Director of Education at the Federal Communications Commission. Midgley began with a brief background of the national broadband plan mandate and the national purposes behind it. He said that he believed that aside from the necessary deployment and adoption data that will be included in the plan, the success of the plan hinges on the agency's answer to this specific question of Congress: "why are we building this network?"

To address this question, Midgley paired the priorities of the Department of Education with the four core strategies of the broadband plan's education component. The Education Department's plan is to transform education by:

  • Improving standards and assessments
  • Developing advanced data systems
  • Fostering support for effective teachers, and
  • Turning around the lowest performing schools.

Midgley paired these priorities to the FCC's strategies of:

  • Promoting and developing online learning,
  • Digital content such as e-textbooks,
  • Data standards and interoperability (including standardized education records), and
  • Broadband infrastructure, including ways to drive more bandwidth to more schools where it is most needed.