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The revolution in mobile healthcare continues to accelerate: More than 40 million smartphone owners now actively use at least one wellness or fitness app and by an overwhelming margin, they report that their health is improving because of it.
So why is the Federal Communications Commission (FCC) undercutting advances vital to this industry's progress? And how quickly will Congress fix the problem?
Those two questions came to mind as I was reading a interesting new analysis of the FCC's recent vote to place the Internet under Title II utility regulations. With almost surgical precision, Internet analyst Larry Downes dissects the Commission's action, showing how the rules could violate multiple areas of federal law.
To give one example, the FCC redefined the entire Internet to make it part of the old, antiquated 1930s era telephone system and therefore subject the modern, dynamic Internet to these 1934 regulations.
As a result, Downes notes, every component on the Internet has been transformed into a telephone service and is therefore subject to utility regulation. The FCC, he warns, "can't rewrite the law by giving a key term an absurd new 'definition' [that contradicts] a consistent string of the agency's own precedents, and even basic rules of grammar."
The FCC's vote for Title II regulations will harm the Internet and, by extension, our access to new healthcare apps and services.
My hope is that Congress will work together to resolve these issues quickly so that needed improvements for both the Internet and telehealth technologies aren't delayed by the resultant legal uncertainties or by what is certain to be federal intrusion as, for the first time, layers of federal bureaucracy are added that impair innovators and their new ideas.
A Congressional action - narrowly focused to ensure Internet openness but without the overreach of Title II - would keep innovation moving.
Over the years, mobile and Internet-based healthcare services have emerged as an effective and affordable healthcare solution. As Commissioner Mignon Clyburn stated last fall, "Broadband-enabled solutions, can help communities better manage chronic disease, address language barriers, improve health literacy... and help improve overall population health and wellness."
While Commissioner Clyburn is right about the benefits of Internet healthcare, the FCC's decision to regulate the Internet under Title II authority will simply negate the progress made with these innovative services. That is why Congress must find a legislative solution that will combat the FCC's harmful policy and help mHealth programs become more effective.
The FCC's decision to regulate the Internet is a recipe for stale and uninspired innvovation. With the wireless Internet in particular, America is among the world's leaders and this has enabled our success in creating services to help seniors, people with chronic & debilitating diseases, and millions more who lack easy access to a doctor.
Congress has to both confirm and maintain America's leadership with online healthcare by working together to create and pass a law before the end of this year that extricates the Internet from Title II's overregulation but that permanently ensures an open Internet.
Congress must accept their responsibility to discourage and avoid the unnecessary years of legal wrangling with lawsuits after lawsuits that can be avoided. In the long run it is the consumers that will be the real winnner as innovators can return to what they do best - creating state of the art opportunities for consumers.
A dazzling future was on display in Washington, DC last week at a Congressional hearing on the "Internet of Things" (IoT). The IoT is a network in which objects - vehicles, healthcare services, consumer goods, to name a few - are connected to the Internet in order to provide more valuable and efficient services. These emerging technologies combine with traditional manufacturing to produce a surge in economic opportunity, benefits in healthcare, infrastructure and the environment.
There's just one thing that possibly stands in the way of expanding this innovative technology to virtually all Americans: the new Federal Communications Commission (FCC) Internet regulation that could quite possibly inhibit innovation and investment in state-of-the-art Internet-based technologies both now and in the future.
The Committee heard testimony about developments taking place that would have seemed like science fiction 20 years ago: an automaker that wirelessly updates its cars' software to enable "self-driving," or a technology company that recently saw a $9 million return on a pilot program using connected machines to troubleshoot maintenance before problems arose.
As technology analyst Dan Castro testified that day, the IoT is a key to helping the U.S. upgrade its infrastructure. Investing in communications networks solves productivity and safety issues - in other words, helping to create jobs and improve our quality of life. Technology is clearly moving in a direction that plays to America's traditional economic strength: break-the-mold invention and innovation.
But there's a potential major problem confronting this progress: last month's FCC decision to place the innovative, fast-paced high-speed Internet - including the mobile web - under 80-year-old Title II utility style regulation. By its own admission, the FCC could not document a single violation since 2010 to justify regulating the Internet like a public utility. After decades of a bipartisan light touch that enabled the Internet to flourish to the Internet we enjoy today, this new federal micromanagement is unprecedented in Internet history.
That's why many are calling on Congress to intervene to both protect the Internet as we know it as well as to correct the FCC's overreach. Only an act of Congress would carry both the legal heft and certainty to protect the Internet and enable it's continue growth. One of the driving catalysts of this call for legislative action is that the future build-out of America's high-speed Internet service will require tens of billions of private sector investment. Without this investment, consumers will not be able to experience the full benefits of the Internet of Things.
Facing the cold hard reality of many years of litigation as a result of the FCC's recent action, businesses will not have the certainty they need in order to invest this type of capital.
This new IoT revolution has the potential to touch and improve every part of the U.S. economy. At this critical time in our nation's technological advancement, our federal regulations should not be looking back just as the technology sector is working to move us forward. If we are to see the full benefits these technological advances potentially promise, it's up to Congress to find a way to come together to move quickly and create a 21st century law for our 21st century Internet.