HR 5907 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

July 28, 2010CommentsClose CommentsPermalink

Ms. HARMAN (for herself and Mr. SHIMKUS) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Next Generation Public Safety Device Act of 2010’.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Working Group-CommentsClose CommentsPermalink





(1) COMPOSITION- The Assistant Secretary shall establish a working group composed of--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) DUTIES- The working group shall provide the Assistant Secretary with advice and technical assistance in conducting the competition under this section.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) DURATION- The working group shall terminate not later than the earlier of--CommentsClose CommentsPermalink





(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); orCommentsClose CommentsPermalink





(B) the date that is 6 years after the date of the enactment of this section.CommentsClose CommentsPermalink





(c) Device Requirements-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) CONTENT- The requirements established under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) an identification of specific communication needs of public safety personnel and any corresponding characteristics or capabilities of the devices for meeting such needs; andCommentsClose CommentsPermalink





(B) such characteristics and capabilities of the devices as will ensure--CommentsClose CommentsPermalink





(i) delivery of communications in a real-time manner;CommentsClose CommentsPermalink





(ii) reliability of the delivery of communications under adverse conditions;CommentsClose CommentsPermalink





(iii) sufficient clarity of transmission to permit public safety personnel to easily comprehend the content of communications; andCommentsClose CommentsPermalink





(iv) full interoperability among different types and brands of RoIP devices used by public safety personnel.CommentsClose CommentsPermalink





(d) Grant Process-CommentsClose CommentsPermalink





(1) 3-stage PROCESS- The Assistant Secretary shall establish a 3-stage process for awarding grants to eligible entities under this section.CommentsClose CommentsPermalink





(2) AWARD OF GRANTS- The Secretary may only award a grant in a stage to an eligible entity that--CommentsClose CommentsPermalink





(A) submits a bid meeting the specifications developed under paragraph (3) for such stage;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) BID SPECIFICATIONS FOR EACH STAGE-CommentsClose CommentsPermalink





(A) IN GENERAL- The Assistant Secretary shall develop specifications for bids submitted for grants in each stage and shall ensure that such specifications are--CommentsClose CommentsPermalink





(i) based on the requirements established under subsection (c)(1); andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(C) SPECIFICATIONS FOR STAGE 2- The specifications for stage-2 bids shall include the following:CommentsClose CommentsPermalink





(i) A requirement that the eligible entity submit a prototype of the device being developed.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(D) SPECIFICATIONS FOR STAGE 3- The specifications for stage-3 bids shall include the following:CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(ii) A requirement that the eligible entity provide the Assistant Secretary with an assurance that the eligible entity will--CommentsClose CommentsPermalink





(I) use grant funds to commercially produce the device in accordance with the plan submitted under clause (i); andCommentsClose CommentsPermalink





(II) apply for award of the label under section 3.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) The extent to which the grant will encourage competition in the market for the device being developed.CommentsClose CommentsPermalink





(B) The estimated cost at which public safety personnel will be able to purchase such device.CommentsClose CommentsPermalink





(C) The potential contribution to public safety of such device.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(i) Public Safety Broadband License, Guard Band (the electromagnetic spectrum between 768 and 769 megahertz, inclusive, and between 798 and 799 megahertz, inclusive).CommentsClose CommentsPermalink





(ii) Public Safety, Narrowband Network (the electromagnetic spectrum between 769 and 775 megahertz, inclusive, and between 799 and 805 megahertz, inclusive).CommentsClose CommentsPermalink





(E) Such other factors as the Assistant Secretary considers appropriate to promote the public interest.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) multiple commercial bands of the electromagnetic spectrum; andCommentsClose CommentsPermalink





(B) multiple communications profiles.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(7) NUMBER AND AMOUNT OF GRANTS-CommentsClose CommentsPermalink





(A) NUMBER-CommentsClose CommentsPermalink





(i) 1 GRANT PER DEVICE PER STAGE- The Assistant Secretary may not award more than 1 grant per device per stage.CommentsClose CommentsPermalink





(ii) NUMBER OF STAGE-3 GRANTS- The Assistant Secretary shall award not fewer than 4 and not more than 7 grants in stage 3.CommentsClose CommentsPermalink





(B) AMOUNT-CommentsClose CommentsPermalink





(i) PER STAGE- A grant for the development of a device may not exceed $4,000,000 per stage.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(8) CONSULTATION WITH WORKING GROUP- The Assistant Secretary shall consult with the working group in carrying out this subsection.CommentsClose CommentsPermalink





(e) GAO Audit-CommentsClose CommentsPermalink





(1) IN GENERAL- The Comptroller General of the United States shall conduct an audit of the competition conducted under this section.CommentsClose CommentsPermalink





(2) FACTORS FOR EVALUATION- In conducting such audit, the Comptroller General shall evaluate the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) The extent to which the grants encouraged competition in the market for the devices.CommentsClose CommentsPermalink





(C) The effect of the grants on the cost at which public safety personnel are able to purchase the devices.CommentsClose CommentsPermalink





(D) The contribution to public safety of the devices.CommentsClose CommentsPermalink





(E) Such other factors as the Comptroller General considers appropriate.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.).CommentsClose CommentsPermalink





(c) Award of Label-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Revision of Criteria- The Commission shall periodically review the criteria described in subsection (a) and revise the criteria as the Commission considers appropriate.CommentsClose CommentsPermalink





(e) Annual Compliance Certification-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) WITHDRAWAL OF AWARD OF LABEL- The Commission shall withdraw the award of the label with respect to a device if--CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) Regulations- The Commission may promulgate regulations to promote the effective use of the label and to prevent the misuse of the label.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ASSISTANT SECRETARY- The term ‘Assistant Secretary’ means the Assistant Secretary of Commerce for Communications and Information.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(3) COMMISSION- The term ‘Commission’ means the Federal Communications Commission.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(5) ELIGIBLE ENTITY- The term ‘eligible entity’ means an entity that submits a bid for a grant under section 2.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) D Block (the electromagnetic spectrum between 758 and 763 megahertz, inclusive, and between 788 and 793 megahertz, inclusive).CommentsClose CommentsPermalink





(B) Public Safety Broadband Network (the electromagnetic spectrum between 763 and 768 megahertz, inclusive, and between 793 and 798 megahertz, inclusive).CommentsClose CommentsPermalink

SEC. 5. FUNDING.

(a) Public Safety Communications Devices Fund-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the Treasury of the United States a fund to be known as the Public Safety Communications Devices Fund.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) CREDIT-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) make the funds deposited under paragraph (1) available to the Assistant Secretary and the Commission without further appropriation.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink