Robert Kelly and Mark Johnson’s Legal Brief
If not now,
Robert Kelly is a
then when?
partner with the
Washington, DC
based law firm
Squire, Sanders,
Dempsey
How much nearer are we to knowing who is going to
pay for all this intelligent transportation stuff?
For something close to 15 Short Range Communications for the foreseeable future - to
years, the public and private (DSRC) service. The ITS make the network a reality.
sectors in the United States community has reached As of the drafting of this
have been in a prolonged consensus on technical column, the Senate and House
conversation on how to fund standards to enable had just agreed on a
the build out of a nationwide communications between US$787billion economic
communications network for vehicles and between vehicles stimulus bill, which contains
ITS. and the roadside - and significant new funding for
Whether called Vehicle convinced the FCC of the need surface transportation,
Infrastructure Integration, to require conformance with a approximately US$45billion,
IntelliDrive
SM
, or some other single transmission standard including some US$27.5billion
catchphrase or acronym, there to promote national for highways and
has long been the recognition US$8.4billion for transit.
of the need and benefits from a
“While there is
While ITS will be eligible for
national ITS communications these new transportation
network that can be used by
much left to be
dollars, there is no
both public and private
done, the key
requirement that some portion
entities. of these new funds must be
However, the fundamental
pieces of a
spent on ITS. Later this year
questions have remained
national ITS
the existing surface
unresolved: Who is going to transportation authorization,
pay for such a network? The
communications
SAFETEA-LU, will expire.
Federal Government? State
network are
In the current economic
Governments? Private sector? climate, Congress is sure to
Or some combination of these
already in place”
seek more funding for
groups? transportation over and above
interoperability. DSRC the funds authorized under
Much ado... equipment has been designed, SAFETEA-LU.
Practically since the tested and manufactured.
beginnings of a formal ITS Vehicle OEMs have agreed to Private health care
program in the early 1990s, install DSRC radio equipment The reality is that the US
Mark Johnson is an
significant funds, both public as original equipment in their Government is in the best
attorney at law with
and private, have been vehicles. position to finance the
Squire, Sanders,
invested to support standards network’s build-out. Given the Dempsey based in
development; to design, test Show us the money economic collapse in recent
Buenos Aires,
and manufacture equipment; While there is much left to be months, especially hitting the
Argentina
and to identify and resolve done, the key pieces of a vehicle OEMs and banks, it is
institutional issues; to name national ITS communications clear that the private sector
several of the key activities. network are already in place. has neither the access to
And much has been achieved What is lacking is the funding. funding nor wherewithal to
to date. If there is any silver lining for create the network on its own.
In 1999 the Federal ITS in the current economic Rather, the private sector will
Communications allocated collapse, it is that the coming be able to take advantage of
75 MHz of radio spectrum for months may be the best the network to offer new and
such a communications opportunity the ITS community advanced services and
network for the Dedicated has had - and will likely have benefits to the traveling public
4
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