[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3731 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3731

      To require the National Telecommunications and Information 
    Administration to conduct a competition to award grants for the 
development of nonstationary radio over Internet protocol devices that 
  support mission-critical broadband voice and data communications of 
            public safety personnel, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2010

Mr. Warner (for himself and Mr. Wicker) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
      To require the National Telecommunications and Information 
    Administration to conduct a competition to award grants for the 
development of nonstationary radio over Internet protocol devices that 
  support mission-critical broadband voice and data communications of 
            public safety personnel, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Next Generation Public Safety Device 
Act of 2010''.

SEC. 2. PUBLIC SAFETY ROIP DEVICE DEVELOPMENT COMPETITION.

    (a) Establishment.--The Assistant Secretary, in coordination with 
the Commission, the Director of the National Institute of Standards and 
Technology, and the Director of the Office of Emergency Communications 
in the Department of Homeland Security, shall conduct a competition to 
award grants to eligible entities for the development of nonstationary 
radio over Internet protocol devices that support mission-critical 
broadband voice and data communications of public safety personnel.
    (b) Working Group.--
            (1) Composition.--The Assistant Secretary shall establish a 
        working group composed of--
                    (A) a representative of the Commission, the 
                Director of the National Institute of Standards and 
                Technology, and the Director of the Office of Emergency 
                Communications in the Department of Homeland Security; 
                and
                    (B) such other public or private stakeholders with 
                technical expertise in the development of emergency 
                communications devices as the representative of the 
                Commission considers appropriate.
            (2) Duties.--The working group shall provide the Assistant 
        Secretary with advice and technical assistance in conducting 
        the competition under this section.
            (3) Support services.--The Assistant Secretary shall 
        provide the working group with the administrative, 
        professional, and technical support required by the working 
        group to carry out its duties.
            (4) Duration.--The working group shall terminate not later 
        than the earlier of--
                    (A) the date that is 15 days after the date of the 
                submission by the Comptroller General of the United 
                States of the report required by subsection (e)(3); or
                    (B) the date that is 6 years after the date of the 
                enactment of this section.
    (c) Device Requirements.--
            (1) In general.--The Assistant Secretary, in coordination 
        with the working group, shall establish requirements for RoIP 
        devices developed, in whole or in part, using a grant under 
        this section.
            (2) Content.--The requirements established under paragraph 
        (1) shall include--
                    (A) an identification of specific communication 
                needs of public safety personnel and any corresponding 
                characteristics or capabilities of the devices for 
                meeting such needs; and
                    (B) such characteristics and capabilities of the 
                devices as will ensure--
                            (i) delivery of communications in a real-
                        time manner;
                            (ii) reliability of the delivery of 
                        communications under adverse conditions;
                            (iii) sufficient clarity of transmission to 
                        permit public safety personnel to easily 
                        comprehend the content of communications; and
                            (iv) full interoperability among different 
                        types and brands of RoIP devices used by public 
                        safety personnel.
    (d) Grant Process.--
            (1) 3-stage process.--The Assistant Secretary shall 
        establish a 3-stage process for awarding grants to eligible 
        entities under this section.
            (2) Award of grants.--The Secretary may only award a grant 
        in a stage to an eligible entity that--
                    (A) submits a bid meeting the specifications 
                developed under paragraph (3) for such stage;
                    (B) provides the Assistant Secretary with an 
                assurance that the eligible entity will use grant funds 
                to develop a RoIP device in accordance with the 
                specifications included in such bid;
                    (C) in the case of a grant in stage 1 or 2 for the 
                development of a device, provides the Assistant 
                Secretary with an assurance that the eligible entity 
                will submit in good faith a bid for a grant in stage 2 
                or 3, respectively, for the development of such device; 
                and
                    (D) in the case of a grant in stage 2 or 3 for the 
                development of a device, has received a grant in stage 
                1 or 2, respectively, for the development of such 
                device.
            (3) Bid specifications for each stage.--
                    (A) In general.--The Assistant Secretary shall 
                develop specifications for bids submitted for grants in 
                each stage and shall ensure that such specifications 
                are--
                            (i) based on the requirements established 
                        under subsection (c)(1); and
                            (ii) provide for reasonable progress from 
                        stage to stage toward the commercial production 
                        of RoIP devices that meet such requirements by 
                        eligible entities receiving grants in stage 3.
                    (B) Specifications for stage 1.--The specifications 
                for stage-1 bids shall include a requirement that the 
                eligible entity provide the Assistant Secretary with an 
                assurance that the eligible entity will use grant funds 
                to develop the prototype referred to in subparagraph 
                (C)(i) for submission with the stage-2 bid of the 
                entity.
                    (C) Specifications for stage 2.--The specifications 
                for stage-2 bids shall include the following:
                            (i) A requirement that the eligible entity 
                        submit a prototype of the device being 
                        developed.
                            (ii) A requirement that the eligible entity 
                        provide the Assistant Secretary with an 
                        assurance that the eligible entity will use 
                        grant funds to develop the plan referred to in 
                        subparagraph (D)(i) for submission with the 
                        stage-3 bid of the entity and to prepare to 
                        commercially produce the device in accordance 
                        with the plan.
                            (iii) A requirement that the eligible 
                        entity submit such information as the Assistant 
                        Secretary may require regarding the capability 
                        of the eligible entity to commercially produce, 
                        distribute, and market the device.
                    (D) Specifications for stage 3.--The specifications 
                for stage-3 bids shall include the following:
                            (i) A requirement that the eligible entity 
                        submit a plan for the commercial production of 
                        the device by the entity that demonstrates that 
                        the device, as produced, will meet the 
                        requirements established under subsection 
                        (c)(1).
                            (ii) A requirement that the eligible entity 
                        provide the Assistant Secretary with an 
                        assurance that the eligible entity will--
                                    (I) use grant funds to commercially 
                                produce the device in accordance with 
                                the plan submitted under clause (i); 
                                and
                                    (II) apply for award of the label 
                                under section 3.
                            (iii) A requirement that the eligible 
                        entity submit such information as the Assistant 
                        Secretary may require regarding the capability 
                        of the eligible entity to commercially produce, 
                        distribute, and market the device.
            (4) Additional factors for consideration.--In making a 
        grant under this section, the Assistant Secretary shall 
        consider, in addition to the requirements established under 
        subsection (c)(1) and the bid specifications established under 
        paragraph (3) for the stage involved, the following factors:
                    (A) The extent to which the grant will encourage 
                competition in the market for the device being 
                developed.
                    (B) The estimated cost at which public safety 
                personnel will be able to purchase such device.
                    (C) The potential contribution to public safety of 
                such device.
                    (D) Whether such device is capable of utilizing, in 
                addition to the portions of the electromagnetic 
                spectrum listed in subparagraphs (A) and (B) of section 
                4(8), the following portions of the spectrum:
                            (i) Public Safety Broadband License, Guard 
                        Band (the electromagnetic spectrum between 768 
                        and 769 megahertz, inclusive, and between 798 
                        and 799 megahertz, inclusive).
                            (ii) Public Safety, Narrowband Network (the 
                        electromagnetic spectrum between 769 and 775 
                        megahertz, inclusive, and between 799 and 805 
                        megahertz, inclusive).
                    (E) Such other factors as the Assistant Secretary 
                considers appropriate to promote the public interest.
            (5) Priority.--In making a grant under this section, the 
        Assistant Secretary shall give priority to bids for the 
        development of devices that are interoperable across--
                    (A) multiple commercial bands of the 
                electromagnetic spectrum; and
                    (B) multiple communications profiles.
            (6) Timing.--The Assistant Secretary shall structure the 
        timing of each stage as the Assistant Secretary considers 
        appropriate, but the Assistant Secretary shall release the 
        solicitation for stage-1 bids not later than 8 months after the 
        date of the enactment of this section and shall ensure that all 
        grants in stage 3 have been awarded not later than 4 years 
        after the date of the award of the 1st grant in stage 1.
            (7) Number and amount of grants.--
                    (A) Number.--
                            (i) 1 grant per device per stage.--The 
                        Assistant Secretary may not award more than 1 
                        grant per device per stage.
                            (ii) Number of stage-3 grants.--The 
                        Assistant Secretary shall award not fewer than 
                        4 and not more than 7 grants in stage 3.
                    (B) Amount.--
                            (i) Per stage.--A grant for the development 
                        of a device may not exceed $4,000,000 per 
                        stage.
                            (ii) Per device.--The Assistant Secretary 
                        may not award more than a total of $8,000,000 
                        in all 3 stages for the development of a single 
                        device.
            (8) Consultation with working group.--The Assistant 
        Secretary shall consult with the working group in carrying out 
        this subsection.
    (e) GAO Audit.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct an audit of the competition conducted 
        under this section.
            (2) Factors for evaluation.--In conducting such audit, the 
        Comptroller General shall evaluate the following:
                    (A) The extent to which grants under this section 
                were awarded on the basis of the merits of the bids 
                submitted, including whether the requirements 
                established under subsection (c)(1) were sufficient to 
                ensure that the devices developed with such grants 
                adequately support mission-critical broadband voice and 
                data communications of public safety personnel.
                    (B) The extent to which the grants encouraged 
                competition in the market for the devices.
                    (C) The effect of the grants on the cost at which 
                public safety personnel are able to purchase the 
                devices.
                    (D) The contribution to public safety of the 
                devices.
                    (E) Such other factors as the Comptroller General 
                considers appropriate.
            (3) Report to congress.--Not later than 5 years after the 
        date of the enactment of this section, the Comptroller General 
        shall submit to Congress a report on the findings of such 
        audit.

SEC. 3. AWARD OF LABEL BY FCC.

    (a) In General.--The Commission shall establish a voluntary 
labeling program to identify nonstationary RoIP devices that meet such 
criteria as the Commission considers appropriate for the support of 
mission-critical broadband voice and data communications of public 
safety personnel.
    (b) Establishment of Label.--Under such program, the Commission 
shall determine a name and design for a label (in this section referred 
to as the ``label'') for any RoIP device that meets the criteria 
described in subsection (a) and shall take the necessary steps to 
register the label as a mark under the Act entitled ``An Act to provide 
for the registration and protection of trademarks used in commerce, to 
carry out the provisions of certain international conventions, and for 
other purposes'', approved March 17, 1946 (commonly referred to as the 
Trademark Act of 1946; 15 U.S.C. 1051 et seq.).
    (c) Award of Label.--
            (1) Application.--Under the program, the Commission shall 
        establish a process under which an entity manufacturing, 
        marketing, or selling a RoIP device may apply for the award of 
        the label for such device.
            (2) Award.--Upon application for a device under paragraph 
        (1), the Commission shall award the label to such device if the 
        Commission determines that the device meets the criteria 
        described in subsection (a).
            (3) Effect.--An entity manufacturing, marketing, or selling 
        a RoIP device awarded the label may display the label and 
        otherwise indicate that the device has been awarded the label 
        on the device and in or on any materials accompanying the 
        device or any advertising with respect to the device.
    (d) Revision of Criteria.--The Commission shall periodically review 
the criteria described in subsection (a) and revise the criteria as the 
Commission considers appropriate.
    (e) Annual Compliance Certification.--
            (1) In general.--An entity displaying or otherwise 
        indicating that a RoIP device has been awarded the label shall 
        annually certify to the Commission that the device continues to 
        meet the criteria described in subsection (a), including any 
        revisions to the criteria since the label was awarded.
            (2) Withdrawal of award of label.--The Commission shall 
        withdraw the award of the label with respect to a device if--
                    (A) for a year, a certification required by 
                paragraph (1) for the device is not submitted by any of 
                the entities required to submit such certification; or
                    (B) the Commission otherwise finds that the device 
                no longer meets the criteria described in subsection 
                (a), including any revisions to the criteria since the 
                label was awarded.
    (f) Regulations.--The Commission may promulgate regulations to 
promote the effective use of the label and to prevent the misuse of the 
label.
    (g) Online Database.--The Commission shall maintain an electronic 
database of the devices for which the award of the label is in effect 
and shall make such database publicly available on an appropriate 
Internet website.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (2) Broadband.--The term ``broadband'' has the same meaning 
        as under the Broadband Technology Opportunities Program 
        established under section 6001 of the American Recovery and 
        Reinvestment Act of 2009 (47 U.S.C. 1305).
            (3) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (4) Communications profile.--The term ``communications 
        profile'' means a configuration of technology or equipment that 
        supports broadband communications by radio through the public 
        switched telephone network, the Internet, or any other public 
        network. The radio-air interface configuration used by a 
        particular communications profile is part of such profile and 
        is one of the characteristics that distinguishes such profile 
        from a different communications profile. A communications 
        profile can be implemented using radio equipment designed to 
        support specific, fixed profiles or radio equipment capable of 
        supporting an indefinite number of profiles through software 
        programming changes.
            (5) Eligible entity.--The term ``eligible entity'' means an 
        entity that submits a bid for a grant under section 2.
            (6) Mission-critical.--The term ``mission-critical'', used 
        with respect to communications between 2 or more public safety 
        personnel, means that, in order for such personnel to protect 
        life or property or the safety of such personnel, such 
        communications must be delivered in a real-time manner and with 
        sufficient quality and clarity for easy comprehension by such 
        personnel, regardless of the conditions under which the 
        communications are sent or received.
            (7) Public safety personnel.--The term ``public safety 
        personnel'' means any Federal, State, or local law enforcement 
        officer, firefighter, or provider of emergency medical services 
        or communications center personnel.
            (8) Radio over internet protocol device or roip device.--
        The term ``radio over Internet protocol device'' or ``RoIP 
        device'' means a device that is capable of passing audio and 
        other control functions of a radio system across an Internet 
        protocol-enabled network utilizing, at a minimum, the following 
        portions of the electromagnetic spectrum:
                    (A) D Block (the electromagnetic spectrum between 
                758 and 763 megahertz, inclusive, and between 788 and 
                793 megahertz, inclusive).
                    (B) Public Safety Broadband Network (the 
                electromagnetic spectrum between 763 and 768 megahertz, 
                inclusive, and between 793 and 798 megahertz, 
                inclusive).

SEC. 5. FUNDING.

    (a) Public Safety Communications Devices Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund to be known as the Public Safety 
        Communications Devices Fund.
            (2) Purpose.--The Assistant Secretary and the Commission 
        shall use the funds deposited in the Public Safety 
        Communications Devices Fund to carry out sections 2 and 3, 
        respectively. Of such funds, $1,000,000 in fiscal year 2011 and 
        $333,000 in each of the fiscal years 2012 through 2014 shall be 
        available to the Assistant Secretary for administration of the 
        grant program established under section 2. If the Assistant 
        Secretary does not use the full amount available for 
        administration in a fiscal year, the remainder of such amount 
        shall be available to the Assistant Secretary for 
        administration of the grant program in any fiscal year prior to 
        fiscal year 2016.
            (3) Credit.--
                    (A) Borrowing authority.--The Assistant Secretary 
                and the Commission may borrow from the general fund of 
                the Treasury beginning on October 1, 2010, such sums as 
                may be necessary, but not to exceed a total of 
                $70,000,000, to implement sections 2 and 3, 
                respectively.
                    (B) Reimbursement.--The Secretary of the Treasury 
                shall reimburse the general fund of the Treasury, 
                without interest, for any amounts borrowed under 
                subparagraph (A) as funds are deposited into the Public 
                Safety Communications Devices Fund, but in no case 
                later than September 30, 2015.
    (b) Deposits.--Notwithstanding subparagraphs (A) and (D) of 
paragraph (8) of section 309(j) of the Communications Act of 1934 (47 
U.S.C. 309(j)), the Secretary of the Treasury shall--
            (1) deposit in the Public Safety Communications Devices 
        Fund $70,000,000 of the proceeds (including deposits and 
        upfront payments from successful bidders) from the auction of 
        spectrum under such section during the period beginning on 
        October 1, 2012, and ending on September 30, 2015; and
            (2) make the funds deposited under paragraph (1) available 
        to the Assistant Secretary and the Commission without further 
        appropriation.
    (c) Transfer of Unused Funds.--The Secretary of the Treasury shall 
transfer to the general fund of the Treasury any funds remaining in the 
Public Safety Communications Devices Fund after September 30, 2015.
    (d) Extension of Auction Authority.--Section 309(j)(11) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by 
striking ``2012'' and inserting ``2015''.
                                 <all>