Dispute Preventing Interoperability
HELP Inc., a non-profit corporation that controls a for-profit transponder program called PrePass, said that a service in Oregon has obtained its transponder codes without permission.
The Oregon Green Light Program, a state-backed transponder service administered by Science Applications International Corp., has acquired codes to allow PrePass drivers to operate within the state.
Transponders are small black boxes that, in participating locations, let trucks pass over a weight-sensitive sensor at highway speeds. A signal is transmitted to a nearby weigh station. If the weight and carrier credentials check out, the truck is allowed to pass without having to stop.
"We have a business to operate that’s invested large amounts of money in developing and satisfying a customer base," said Richard Landis, president of HELP. "It’s a business and can’t tolerate being treated as a non-business."
His service took issue with the unauthorized use of its codes and fired off a letter to Oregon transportation officials. In the letter sent last month to that state’s Department of Transportation, the company accused the state of acquiring the codes "without negotiating an interoperability agreement, and without obtaining HELP permission."
Also, the company said that by obtaining the transponder identifiers, Oregon was in violation of the Wireless Telephone Protection Act, the federal law that prohibits the interception of "an electronic serial number, mobile identification number, or other identifier of any telecommunications service."
The Oregon Department of Justice responded in a letter that the state was not violating the law by acquiring the codes. "The transponder is an electronic license plate, and its identification is as much public information as a regular license plate number," it wrote.
Bob O’Conner, transponder administrator for Green Light, acknowledged that PrePass codes were added to the Oregon system, noting it was done on a strictly voluntary basis.
"If a motor carrier indicates, we ask if they want to volunteer their unique vehicle ID," he said. "If the motor carrier provides the ID, we enter it into our system for Green Light."
lthough HELP has told Oregon to immediately stop using the transponder codes, the company notes it is eager to develop a standard for truckers to use the two systems.
"Our intent in all of this is to sit down and force everyone at the table to have a discussion," Mr. Landis said.
Green Light noted it had been willing to negotiate a settlement for some time.
We’re pleased that they acknowledged that there is a need and willingness to sit down and negotiate in a business sense," Mr. Landis said. "And we welcome the opportunity to do that."
However, differences in business philosophies have prevented the two service providers from reaching an agreement over a single standard that would tie the systems together.
One area of contention is the price schemes of the two services. Green Light, operating with federal and state funds, charges carriers $45 for the transponder and allows for free unlimited usage. On the flip side, PrePass gives its transponders away but charges a 99-cent fee each time the device is used.
Oregon has agreed to suspend enrolling PrePass carriers in Green Light until the two parties meet to work out a settlement. However, no talks have been scheduled.
Oregon said it is important for the meeting to occur before Feb. 11 because of requests from carriers wanting to enroll their HELP transponders in Green Light.
