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Telecom Business Alert -- Vol. VII Issue 30

Date: Aug 02, 2010

FCC and FDA Hold Joint Meeting on Wireless Medical Technology

On July 26, the FCC and Food and Drug Administration (FDA) announced a joint effort to promote wireless-enabled medical devices by signing a Joint Statement of Principles and Memorandum of Understanding. On July 26 and 27, the agencies held a public meeting with the healthcare and wireless industries, patient groups, and investors on enabling the convergence of communications and medical systems. The National Broadband Plan included a recommendation that the FCC and FDA clarify regulatory requirements and the approval process for converged communications and health care devices.

New Federal Privacy Legislation Introduced

On July 19, 2010, Rep. Bobby Rush introduced new privacy legislation, the "Building Effective Strategies to Promote Responsibility Accountability Choice Transparency Innovation Consumer Expectations and Safeguards Act" (H.R. 5777). The bill is similar to legislation introduced by Reps. Rick Boucher and Cliff Stearns in May, and has implications for both online and offline privacy. Among other things, covered entities would be required to provide a detailed privacy notice to consumers and (with some exceptions) an opt-out mechanism before collecting or using "covered information" (e.g., an individual's name, postal address, email address, phone or fax number, government-issued ID number, financial account number, IP address or other unique ID). Covered entities must also obtain express affirmative consent (with some exceptions) before collecting, using, or disclosing "sensitive information" (e.g., information relating to medical history or health, race/ethnicity, religious beliefs, sexual orientation, or finances, geolocation information, unique biometric data, or a Social Security Number) or sharing covered information with a third party. For more information, contact Tracy Marshall (Marshall@khlaw.com; 202-434-4234).

Douglas Jarrett Named New Advisor to MissionCritical Communications

Keller and Heckman LLP Partner Douglas Jarrett has been appointed to the MissionCritical Communications editorial board. As previously reported (See Vol. VII, Issue 28), Doug recently published an article in the July 14, 2010 edition of MissionCritical that advocates allocating the 10 MHz of spectrum in the Upper 700 MHz Band, directly adjacent to Public Safety's 10 MHz broadband spectrum that is licensed to PSST, to public safety. Click here to view his article. For more information, contact Doug (Jarrett@khlaw.com; 202-434-4180).

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