August 25, 2024

FCC Petition Threatens Electronic Toll Payments, Weigh Station Bypass

The Federal Communications Commission is considering turning over the frequency that tens of millions of low-power devices use to communicate to a large 5G corporation. If the FCC grants this request, these devices, such as bypass and tolling transponders, will be rendered useless.

The FCC sets the rules for communications by radio, television, wire, satellite, and cable across the United States. Those rules are intended to prevent conflicts between levels and types of communication. In wireless communication, FCC allocates licenses by the section of the spectrum to be used so that powerful wireless services do not overwhelm or interfere with services operating at lower power.

The spectrum is measured in megahertz (MHz). That 5G cell phone you use? Its transmissions are powerful, penetrating everywhere. So, the FCC requires 5G wireless services to operate below 850 MHz, thereby protecting the Lower 900 MHz Band (902-928 MHZ), where a multitude of lower power uses exist.

Among the Lower 900 MHz Band uses are RFID transponders — radio frequency identification devices, like the PrePass RFID devices attached to truck windshields. Many PrePass transponders connect with electronic tolling readers at toll roads, bridges, and tunnels, providing the lowest available toll rates. PrePass transponders also facilitate weigh station bypass by identifying safe and compliant motor carriers to inspection facilities and providing an opportunity for their trucks to stay on the highway.

Nationwide, toll facilities collect nearly $20 billion through electronic tolling via toll transponders and the toll tags on passenger cars. In the absence of transponders and tags, toll facilities are forced to use far less accurate and more costly means to identify vehicle owners and assign charges to the proper accounts, leading to much higher toll rates for those transactions.

Over 100,000 qualified motor carriers equip more than 750,000 trucks with PrePass transponders and receive 125,000 bypasses every day, 1.1 billion since the program began. Every one of those bypasses frees up enforcement to focus on trucks needing attention – improving highway safety for all.

Electronic tolling — $20 billion worth – and the use of transponders in weigh station bypass are threatened by a petition filed with the FCC. That petition is by NextNav, a public company (NN), which, along with its subsidiaries, already hold licenses in the Lower 900 MHz Spectrum. NextNav is seeking a national license to control almost all communications in the Lower 900 MHz Band.

Specifically, NextNav proposes to fully occupy the 902-907 MHz and the 918-928 MHz portions of the Lower 900 MHz Band, shuttling existing users into 907-918 MHz, a sliver of the band.

Through this spectrum reconfiguration, NextNav is seeking to establish a terrestrial positioning, navigation and timing (PNT) network as a complement to the satellite-based U.S. Global Positioning System (GPS). The NextNav petition says that it will make available to 5G wireless providers whatever remaining parts of 902-907 MHz and 918-928 MHz are not utilized by the PNT network.

The problem? The PNT network must use extremely powerful signals to deliver its promised location services. Those signals will overwhelm all existing low-power uses, such as transponders and toll tags. Recall that the FCC requires 5G wireless services to operate below 850 MHz out of concern for existing uses in the entire Lower 900 MHz Band. NextNav does not propose any similar buffer between its PNT network or its 5G subscribers and existing uses.

Electronic tolling and weigh station bypass are not the only programs threatened by the NextNav petition. The Lower 900 MHz Band is also used by large and small organizations and government systems in retail and manufacturing, transportation and utilities, agriculture and healthcare, industrial automation and security, and many others.

PrePass is developing comments opposing the NextNav petition. Motor carriers and state commercial vehicle enforcement agencies who rely on RFID transponders should consider filing comments with the FCC as well.

The FCC Request for Comments is available here: https://docs.fcc.gov/public/attachments/DA-24-776A1.pdf, although you do not need to follow this format. You can submit a statement as well.

Your response to the FCC Request for Comments or your statement about this petition, which are due September 5th, 2024, may be submitted directly to the FCC at https://www.fcc.gov/ecfs/search/docket-detail/RM-11989

At stake is the viability of communications vital to the trucking industry – and to the whole U.S. economy.