(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 promul-
gate 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 ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
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(2) BROADBAND.—The term ‘‘broadband’’ has 
the same meaning as under the Broadband Tech-
nology Opportunities Program established under sec-
tion 6001 of the American Recovery and Reinvest-
ment 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 con-
figuration used by a particular communications pro-
file is part of such profile and is one of the charac-
teristics that distinguishes such profile from a dif-
ferent 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 num-
ber of profiles through software programming 
changes. 
(5) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an entity that submits a bid for a grant 
under section 2. 
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(6) MISSION-CRITICAL.—The term ‘‘mission- 
critical’’, used with respect to communications be-
tween 2 or more public safety personnel, means that, 
in order for such personnel to protect life or prop-
erty or the safety of such personnel, such commu-
nications must be delivered in a real-time manner 
and with sufficient quality and clarity for easy com-
prehension by such personnel, regardless of the con-
ditions 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 pro-
vider of emergency medical services or communica-
tions 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 pro-
tocol-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). 
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(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. 
(3) CREDIT.— 
(A) BORROWING AUTHORITY.—The Assist-
ant Secretary and the Commission may borrow 
from the general fund of the Treasury begin-
ning 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, re-
spectively. 
(B) REIMBURSEMENT.—The Secretary of 
the Treasury shall reimburse the general fund 
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of the Treasury, without interest, for any 
amounts borrowed under subparagraph (A) as 
funds are deposited into the Public Safety Com-
munications 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 Commu-
nications Act of 1934 (47 U.S.C. 309(j)), the Secretary 
of the Treasury shall— 
(1) deposit in the Public Safety Communica-
tions Devices Fund $70,000,000 of the proceeds (in-
cluding deposits and upfront payments from success-
ful 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 Com-
munications 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. 
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309(j)(11)) is amended by striking ‘‘2012’’ and inserting 
‘‘2015’’. 
Æ 
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