The Association of Global Automakers, the Alliance of Automobile Manufacturers, and the Intelligent Transportation Society of America filed comments opposing the petition for rulemaking and request for emergency stay filed by Public Knowledge and Open Technology Institute at New America with regard to the operation of DSRC in the 5.9GHz band. The requests of both petitioners are without merit, and the petition should be denied.
The Federal Communications Commission should deny the Petitioners’ request to conduct a rulemaking to establish privacy and cybersecurity rules for Dedicated Short Range Communications (“DSRC”) in the 5.850-5.925 GHz (“5.9 GHz”) band in light of the nature of DSRC service and role of other federal agencies in the sphere.5 DSRC systems for vehicle to vehicle communications (“V2V”) do not collect, transmit, or store any information that is linkable to a particular person or vehicle and thus do not raise consumer privacy issues or implicate the Commission’s Customer Proprietary Network Information (“CPNI”) or proposed Customer Proprietary Information (“CPI”) rules. Furthermore, they already incorporate robust cybersecurity protections. Meanwhile, other federal agencies, such as the National Highway Traffic Safety Administration (“NHTSA”) and Federal Trade Commission (“FTC”), already regulate privacy and cybersecurity as they relate to the automobile manufacturers in general.
The Commission should also deny the Petitioners’ request for an “emergency stay” of the operation of DSRC services in the 5.9 GHz band. The Petitioners’ request is fatally flawed because it was not filed as a separate pleading as required by the Commission’s rules and fails to identify a Commission “decision or order” to stay. In addition, the Petitioners fail to meet their burden under the four-factor test applied by the Commission when determining whether to stay the effectiveness of one of its orders. Irreparable harm would not occur if the Commission were to deny the Petitioners’ request for a rulemaking, and the request is unlikely to prevail on the merits. At the same time, other interested parties would be harmed by a stay, and a stay would not be in the public interest.
Congress, the Commission, state highway authorities, and federal agencies with primary jurisdiction over national transportation matters have repeatedly concluded that DSRC is integral to the deployment of Intelligent Transportation Systems (“ITS”) and best suited to achieving the public safety and related national transportation goals that underlie this national initiative. The Commission should not deliberately halt or otherwise compromise the significant progress with respect to DSRC made to date, which is described in detail in the comments and reply comments recently filed by these parties and others in response to the Commission’s request to refresh the record on 5.9 GHz issues in the pending 5 GHz proceeding.