I 
111TH CONGRESS 
2D SESSION 
H. R. 5907 
To require the National Telecommunications and Information Administration 
to conduct a competition to award grants for the development of nonsta-
tionary radio over Internet protocol devices that support mission-critical 
broadband voice and data communications of public safety personnel, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2010 
Ms. HARMAN (for herself and Mr. SHIMKUS) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
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 per-
sonnel, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Next Generation Pub-
lic Safety Device Act of 2010’’. 
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SEC. 2. PUBLIC SAFETY ROIP DEVICE DEVELOPMENT COM-
PETITION. 
(a) ESTABLISHMENT.—The Assistant Secretary, in 
coordination with the Commission, the Director of the Na-
tional Institute of Standards and Technology, and the Di-
rector of the Office of Emergency Communications in the 
Department of Homeland Security, shall conduct a com-
petition to award grants to eligible entities for the develop-
ment 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 Stand-
ards and Technology, and the Director of the 
Office of Emergency Communications in the 
Department of Homeland Security; and 
(B) such other public or private stake-
holders with technical expertise in the develop-
ment 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 as-
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sistance in conducting the competition under this 
section. 
(3) SUPPORT
SERVICES.—The Assistant Sec-
retary shall provide the working group with the ad-
ministrative, professional, and technical support re-
quired by the working group to carry out its duties. 
(4) DURATION.—The working group shall ter-
minate 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 sub-
section (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 commu-
nication needs of public safety personnel and 
any corresponding characteristics or capabilities 
of the devices for meeting such needs; and 
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(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 com-
munications under adverse conditions; 
(iii) sufficient clarity of transmission 
to permit public safety personnel to easily 
comprehend the content of communica-
tions; and 
(iv) full interoperability among dif-
ferent types and brands of RoIP devices 
used by public safety personnel. 
(d) GRANT PROCESS.— 
(1) 3-STAGE
PROCESS.—The Assistant Sec-
retary 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 specifica-
tions developed under paragraph (3) for such 
stage; 
(B) provides the Assistant Secretary with 
an assurance that the eligible entity will use 
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grant funds to develop a RoIP device in accord-
ance 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 de-
velopment 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 de-
velopment of such device. 
(3) BID SPECIFICATIONS FOR EACH STAGE.— 
(A) IN
GENERAL.—The Assistant Sec-
retary shall develop specifications for bids sub-
mitted for grants in each stage and shall ensure 
that such specifications are— 
(i) based on the requirements estab-
lished 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. 
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(B) SPECIFICATIONS FOR STAGE 1.—The 
specifications for stage-1 bids shall include a re-
quirement 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 enti-
ty. 
(C) SPECIFICATIONS FOR STAGE 2.—The 
specifications for stage-2 bids shall include the 
following: 
(i) A requirement that the eligible en-
tity submit a prototype of the device being 
developed. 
(ii) A requirement that the eligible en-
tity provide the Assistant Secretary with 
an assurance that the eligible entity will 
use grant funds to develop the plan re-
ferred to in subparagraph (D)(i) for sub-
mission 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 As-
sistant Secretary may require regarding 
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the capability of the eligible entity to com-
mercially 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 en-
tity submit a plan for the commercial pro-
duction 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 en-
tity provide the Assistant Secretary with 
an assurance that the eligible entity will— 
(I) use grant funds to commer-
cially 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 As-
sistant Secretary may require regarding 
the capability of the eligible entity to com-
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mercially produce, distribute, and market 
the device. 
(4) ADDITIONAL
FACTORS
FOR
CONSIDER-
ATION.—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 en-
courage competition in the market for the de-
vice 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 uti-
lizing, in addition to the portions of the electro-
magnetic 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, 
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and between 798 and 799 megahertz, in-
clusive). 
(ii) Public Safety, Narrowband Net-
work (the electromagnetic spectrum be-
tween 769 and 775 megahertz, inclusive, 
and between 799 and 805 megahertz, in-
clusive). 
(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 inter-
operable across— 
(A) multiple commercial bands of the elec-
tromagnetic 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 
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4 years after the date of the award of the 1st grant 
in stage 1. 
(7) NUMBER AND AMOUNT OF GRANTS.— 
(A) NUMBER.— 
(i) 
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 de-
velopment of a device may not exceed 
$4,000,000 per stage. 
(ii) PER DEVICE.—The Assistant Sec-
retary may not award more than a total of 
$8,000,000 in all 3 stages for the develop-
ment of a single device. 
(8) CONSULTATION WITH WORKING GROUP.— 
The Assistant Secretary shall consult with the work-
ing group in carrying out this subsection. 
(e) GAO AUDIT.— 
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(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct an audit of the com-
petition 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 re-
quirements established under subsection (c)(1) 
were sufficient to ensure that the devices devel-
oped with such grants adequately support mis-
sion-critical broadband voice and data commu-
nications of public safety personnel. 
(B) The extent to which the grants encour-
aged competition in the market for the devices. 
(C) The effect of the grants on the cost at 
which public safety personnel are able to pur-
chase 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, 
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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 con-
siders appropriate for the support of mission-critical 
broadband voice and data communications of public safety 
personnel. 
(b) ESTABLISHMENT OF LABEL.—Under such pro-
gram, 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 sub-
section (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’’, ap-
proved 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 
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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 deter-
mines that the device meets the criteria described in 
subsection (a). 
(3) EFFECT.—An entity manufacturing, mar-
keting, 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 appro-
priate. 
(e) ANNUAL COMPLIANCE CERTIFICATION.— 
(1) IN GENERAL.—An entity displaying or oth-
erwise indicating that a RoIP device has been 
awarded the label shall annually certify to the Com-
mission that the device continues to meet the criteria 
described in subsection (a), including any revisions 
to the criteria since the label was awarded. 
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