November 2011

NARUC Adopts Communications Resolutions at “Communicating Reality”

The National Association of Regulatory Utility Commissioners’ Committee on Telecommunications sponsored two resolutions at NARUC’s meeting:

  1. Resolution on Accountability for FCC Imposed Merger Public Interest Commitments to Deploy Broadband Infrastructure and Adoption Programs: NARUC requests that the Federal Communications Commission undertake a public inquiry to assess the extent to which public interest broadband deployment and adoption obligations imposed on previously approved merger applicants are being met – and for the FCC consider on a case-by-case basis whether to approve the use of federal financial support from the Connect America Fund or the Mobility Fund for expenses related to supplementing an applicant’s public interest obligations in the FCC order approving such applicants’ merger to deploy broadband infrastructure and/or to implement broadband adoption and usage programs.
  2. Resolution Urging the Federal Communications Commission to Protect All Voice Service Consumers from Cramming Billing Practices: NARUC urges the FCC to implement mandatory cramming rules to all voice service providers that assess telephone bills on consumers, including traditional wireline service providers, interconnected Voice-over Internet Protocol (VoIP) service providers, and wireless service providers

Fighting cancer at 100 Gigabits per second

We often ascribe great, life-changing powers to high-speed Internet connections when it comes to how we communicate and consume content, but can they cure cancer?

The newly formed Chan Soon-Shiong Institute for Advanced Health thinks so, and it’s investing hundreds of millions of dollars in a nationally distributed computing system to make it happen. At the core of its efforts is the National LambdaRail (NLR), a research network comprised of more than 12,000 miles of fiber optic cable and capable of 100 Gigabits-per-second speed.

Booz Allen Lists Top Nine Ways Information Technology is Transforming Health Care

As health care moves into a transformational era of efficiency, effectiveness and improved patient outcomes through health information technology (health IT), Booz Allen Hamilton has examined the broad impact of this trend and identified the top nine ways health IT is transforming health care.

  1. Reduces medical errors. Health IT helps to identify potential mistakes, such as flagging possible interactions between prescribed medications that may cause serious complications.
  2. Improves collaboration throughout the health care system. Unlike paper records, digitized health information can move, integrate and paint a real-time picture of the whole person, creating increased knowledge, dialogue and collaboration among the patient and his or her physicians, specialists, nurses and technicians. This leads to improved patient-centered understanding and coordinated action. It can also enhance preventative care, by automating a reminder system for certain tests like mammograms.
  3. Ensures better patient-care transition. As patients move from the hospital to outpatient settings—going home, to assisted living facilities, or to long-term care facilities—health IT facilitates a seamless transition from one stage of care to the next and ensures that patients get the treatment and medicine they need without delays or mix-ups.
  4. Enables faster, better emergency care. When seconds can make the difference, today’s technology allows results from tests conducted by first responders to be sent wirelessly to doctors in the emergency departments, allowing physicians to be ready and waiting with a plan of action when the patient arrives. Health IT also can facilitate access to an incoming patient’s health information—even if the patient is incapacitated—alerting providers of any existing conditions, allergies and prescriptions.
  5. Empowers patients and their families to participate in care decisions. Health IT provides patients more access to their medical information and information about their health care options, which empowers them to become informed and educated advocates for their own care. At the same time, as patients have more access to their medical information and use health IT to make decisions, their families—who play a critical role in their care — can play a more active, personal role. In addition, health IT allows for care customized to each patient’s unique situation, whether that means allowing families access to information to help in decision-making, or ensuring information is culturally appropriate.
  6. Makes care more convenient for patients. Health IT enables online appointment scheduling, online wait time displays for emergency departments, and the convenience of e-mailing your doctor. Also with health IT, a patient’s medical history, prescription information and test results are at their care provider’s fingertips, saving the patient the burden of providing the information repeatedly to different doctors. In addition, telemedicine, remote monitoring and mobile technology give health care professionals the ability to treat patients at home, saving travel and wait times.
  7. Helps care for the warfighter. When military medics have immediate access to medical records, they can forward critical information on wounded warriors to field hospitals. That information follows the soldiers as they journey from the front line back to rehabilitation in the states.
  8. Enhances ability to respond to public health emergencies and disasters. Data can be aggregated and used to improve public health, helping to understand outbreaks in communities and allowing appropriate responses. In disaster situations such as a hurricane, health IT can give practitioners access to a patient’s medical history, regardless of where their medical information lives. When Joplin, Missouri, was hit with a catastrophic tornado earlier this year, the paper records for a local hospital were scattered throughout the region, but the electronic medical records were intact, allowing treatment to continue at alternate facilities.
  9. Enables discovery in new medical breakthroughs and provides a platform for innovation. As patient information becomes digitized, researchers can now analyze large sets of anonymous data, facilitating the rapid introduction of new therapies and better analysis on the effectiveness of medications and treatments. In addition, through the increased use of new, innovative mobile technologies and social networking tools, health IT offers the health care industry new ways to understand and administer care to patients.

Open Up the Debates

[Commentary] Let me lay out a scenario. A candidate running for president holds federal elective office, has run for president before, is thoughtful and thinks outside the box on a number of issues, has the capacity to raise a ton of grassroots dollars, finished strong in the Iowa straw vote this summer, is currently running in the top three in nearly every national poll, and is polling second in both the Iowa caucus and the New Hampshire primary. Hmmm, seems like a fact set where you would be taken seriously. But not if you are Rep Ron Paul (R-TX).

A Strange Way to Pick Presidential Candidates

[Commentary] Presidential debates, says NBC News Political Director and Chief White House Correspondent Chuck Todd, are now part of the winnowing process. Instead of going to a small state and wooing caucus-goers, Republican presidential hopefuls are going on national cable to see if they can resonate with the voters.

With 26 GOP debates currently scheduled between May 5, 2011, and March 19, 2012 (17 of them before the Iowa caucuses), the fight for the party’s nomination is now played out in living rooms and dens around the country as much as in diners, candidate coffees and small events in Iowa and New Hampshire. On television, this year’s debates have drawn more than the handful of political junkies and campaign professionals who once tuned in. They have become big events. The question is whether the steady stream of debates that we have already seen really helps us understand and compare the candidates — or whether a series of one-on-one, in-depth interviews with a thoughtful questioner, such as Charlie Rose or Jim Lehrer, might teach us more about the candidates than a dozen cattle calls.

[Rothenberg is editor of the Rothenberg Political Report]

New Staff at FCC

Federal Communications Commission Chairman Julius Genachowski announced the appointment of Greg Guice as Director, Office of Legislative Affairs (OLA). Guice most recently served as Acting Director of OLA and as Special Counsel for House Affairs. Chairman Genachowski also announced the appointment of Christopher Lewis as Deputy Director of OLA. Lewis previously served as Acting Deputy Director and Legislative Analyst in the office.

Greg Guice has worked as an attorney for the Commission for the past 12 years, with experience in wireline, wireless and public safety issues. During his tenure with the FCC, Guice was detailed to serve for nearly two years as Counsel to then-Chairman Henry Waxman on the Energy and Commerce Committee, helping with the Committee’s work on universal service reform, competition policy, public safety and spectrum policy. Guice received his B.A. in Political Science from the University of North Carolina at Chapel Hill and his J.D. from George Mason University.

Christopher Lewis will serve as Deputy Director of OLA. Prior to joining OLA, he handled legislative affairs for the FCC’s National Broadband Plan team. Lewis has also served as a Senior Advisor on the Commission’s Digital Television Transition policy team. Lewis graduated from Harvard University with a B.A. in Government.

Crushing the Cost of Predicting the Future

Large and diverse sets of data have become abundant as more information is posted on the Internet, from stock prices and news pages to sensor readings. Now the cost of analyzing and visualizing that data is dropping fast, too, with implications for all kinds of decision-making.

A company called Recorded Future looks at 100,000 Web pages an hour, scanning across 50,000 sources that include everything from Securities and Exchange Commission filings to Twitter comments. The idea is to look for statements about the future, like notice of an annual meeting or predictions about when a product might be released, look at past developments and then create a “temporal index” that suggests trends. “The Web has come to reflect the world,” says Christopher Ahlberg, the co-founder and chief executive of Recorded Future. “We can use that to predict things.” Recorded Future is financed with $8 million from the likes of Google’s venture arm and In-Q-Tel, which makes investments to benefit the United States intelligence community, and its clients have included government agencies and banks. Its products include a $9,000-a-month service for hedge funds that plugs Recorded Future’s insights into their trading networks. There are both direct and indirect insights. Expected news, like a meeting or filing, can create volatility in stock prices. Recorded Future predicts five days ahead of time.

Network neutrality: Implementation measured in the details

[Commentary] To protect Internet service providers from uncertainty and clarify Internet users' rights, network neutrality/open Internet rules must clearly define what constitutes a violation, how broadband providers can comply, and what happens when a violation occurs. Stakeholders — including industry, regulatory, and public interest — must reach accord on three pivotal issues.

First, regulators must define what measurable performance standards and network management practices violate net neutrality. Justice Stewart's famous test for obscenity — "I know it when I see it" — will not suffice here. Because they may perceive the same behavior as either harmful or innovative, opposing interests are unlikely to agree ex post on what constitutes a violation. Ideally, efficient measurement mechanisms will inform consumers, allow regulators to monitor with minimal intrusion, and be easily and objectively reported by third parties or broadband providers. Such regulations will require two types of measurable information: (1) disclosure of network management policies, performance characteristics, and service terms; and (2) a set of network performance measures. On both counts, the fundamental questions are: Who will do the measuring? Where will the information be reported? And how will the information be used? The answers will depend on the type of data being measured.

Second, enforcement and corrections must be clearly defined and proportional to the seriousness of the violation. Broad regulation of a wide set of behaviors that might result in consumer harm would only stifle innovation without remedying an underlying market failure or addressing consumer harm. Instead, regulations must define both the violations and the appropriate, measured response to discourage negative outcomes, while protecting broadband providers who inadvertently violate a rule. Once a violation is identified, the remedy must also be proportionate to the violation in order to correct the perceived harm.

Third, recognizing the constantly and rapidly evolving nature of the Internet and its content, today's rules may not be applicable five years from now. Therefore, regulators should limit this first phase of net neutrality regulation to an initial review period — two to five years — to assess the evidence of existing harm and potential for harm in the future. If violations, complaints, or new concerns emerge, further oversight and enforcement, or other rule changes, may be warranted. The dynamic nature of the Internet, in short, limits the likelihood that any static set of rules will be appropriate over the longer term, absent the opportunity for periodic review and modification.

[Coleman Bazelon, an economist with The Brattle Group, is an expert in regulation and strategy in the wireless, wireline, and video sectors. Stuart Brotman is a faculty member at Harvard Law School, the President of Stuart N. Brotman Communications, and a Senior Advisor to The Brattle Group.]

AT&T Denies All Claims in Lawsuits by Sprint, Cellular South

AT&T denied all claims in antitrust lawsuits by Sprint Nextel and Cellular South over its proposed purchase of T-Mobile USA. AT&T, in separate filings in federal court in Washington, rejected Sprint and Cellular South’s allegations that the $39 billion transaction would harm the companies’ ability to compete in the wireless mobile phone market. “The expansion of capacity and other overwhelming efficiencies that will result from this transaction will benefit consumers, such that the transaction is in the public interest,” AT&T said.

Department of Justice Asks Judge to Allow Sharing of Documents AT&T Gave FCC

The Justice Department asked U.S. District Judge Ellen Segal Huvelle to allow prosecutors to discuss with outside lawyers and consultants documents AT&T gave the Federal Communications Commission to support its proposed purchase of T-Mobile USA.

The Justice Department said in a court filing that the ability to discuss material would let it better respond to AT&T’s claims about the benefits of the proposed $39 billion deal during a trial of the government’s antitrust case. “The FCC already permits outside lawyers and consultants to review defendant’s FCC filings,” the Justice Department argued. Being able to discuss the material with some of those lawyers “would not increase the pool of those who have the ability to access defendant’s models.” The Justice Department subpoenaed the same documents in its preparation for the trial, which is scheduled to start Feb. 13. The request places “no additional burden” on AT&T, the government said in the filing.