noaa s commercial remote sensing licensing program overview october 2008 kay e. weston international and interagency o

1. NOAA’s Commercial Remote Sensing Licensing Program Overview October 2008 Kay E. Weston International and Interagency Office Satellite Activities Branch Chief

2. Comprehensive licensing program Goal is to encourage conditions for a vibrant, growing and competitive U.S. commercial RS industry National security, homeland security, and foreign policy interestsComprehensive licensing program Goal is to encourage conditions for a vibrant, growing and competitive U.S. commercial RS industry National security, homeland security, and foreign policy interests

3. Agency Partners Reviewing agencies Department of Defense Department of State Intelligence Community Department of Interior - U.S. Geological Survey DoD: Col. Trottier State: Chris Kessler IC: Gil Klinger Others: White House NSC (Dr. Phillip Ritcheson) OSTP DoD: Col. Trottier State: Chris Kessler IC: Gil Klinger Others: White House NSC (Dr. Phillip Ritcheson) OSTP

4. Legal/Policy Overview 1992 Land Remote Sensing Policy Act FY1997 National Defense Authorization Act Kyl-Bingaman Amendment February 2000 Interagency Memorandum of Understanding Concerning the Licensing of Private Remote Sensing Satellite Systems April 25, 2003, Commercial Remote Sensing (CRS) Space Policy April 25, 2006, Regulations (15 CFR Part 960) August 31, 2006, U.S. National Space Policy

5. QuickBird DigitalGlobe WorldView-1 DigitalGlobe EchoStar 11 EchoStar GeoEye-1 ORBIMAGE d.b.a. GeoEye IKONOS ORBIMAGE d.b.a. GeoEye OrbView-2 ORBIMAGE d.b.a. GeoEye OrbView-3 ORBIMAGE d.b.a. GeoEye Company System Sensor Type DigitalGlobe QuickBird 0.615m-PAN 2.46m-MS DigitalGlobe WorldView 0.5m-PAN EchoStar Echo Star-11 25km/pixel camera GeoEye OrbView-2 1.0km-MS GeoEye OrbView-3 1.0m-PAN 4.0m-MS GeoEye GeoEye-1 0.46m-PAN 1.62m-MS GeoEye IKONOS 0.8m-PAN 3.2m-MS Company System Sensor Type DigitalGlobe QuickBird 0.615m-PAN 2.46m-MS DigitalGlobe WorldView 0.5m-PAN EchoStar Echo Star-11 25km/pixel camera GeoEye OrbView-2 1.0km-MS GeoEye OrbView-3 1.0m-PAN 4.0m-MS GeoEye GeoEye-1 0.46m-PAN 1.62m-MS GeoEye IKONOS 0.8m-PAN 3.2m-MS

6. Licensing Summary 17 Current Licenses 93 Amendments 7 Companies 45 Satellites Licensed 10 Launched Best Capabilities Licensed panchromatic (black/white): 0.5 meter commercial sale Better than 0.5 meter for government use only multispectral (color): 2.0 meter commercial sale Better than 2.0 meter for government use only synthetic aperture radar (SAR): 3 meter commercial sale Better than 3.0 meter for government use only hyperspectral (HS): 8 meter product, 20 meter raw data for commercial sale 21 licenses granted Over 40 amendments Over 30 Foreign agreements Best licensed commercial capabilities are shown on the right of the screen21 licenses granted Over 40 amendments Over 30 Foreign agreements Best licensed commercial capabilities are shown on the right of the screen

7. What are the Regulations? 15 CFR Part 960 “Licensing of Private Land Remote Sensing Space Systems” (April 25, 2006) Derived from: Title II of the 1992 Land Remote Sensing Policy Act (15 U.S.C. 5601 et seq.) February 2, 2000 MOU Concerning the Licensing of Private Remote Sensing Satellite Systems Four broad sections General (Subpart A) Licenses (Subpart B) Prohibitions (Subpart C) Enforcement procedures (Subpart D)

8. General Section (Subpart A) The regulations are intended to: Facilitate development of the commercial remote sensing industry and promote the broad use of remote sensing data Preserve the national security of the United States Observe the foreign policies and international obligations of the United States The regulations apply to: Any person subject to the jurisdiction and control of the United States who operates or proposes to operate a private remote sensing space system The issuance of a NOAA license does not affect the authority of any other agency (FAA, FCC, etc)

9. Definitions (960.3) Administrative Control The power or authority to direct or decide matters affecting the operation of system, including to determine, direct, take, manage, administer… Operational Control The ability to operate the system or override commands issued by any operations center or station Operational control must be maintained in the United States Significant or Substantial Foreign Agreement Any agreement with a foreign partner that authorizes: Access to high volumes of the system’s unenhanced data Participation in the operations of the system Direct access to the system’s unenhanced data An equity interest in the licensee equal to or greater than 20%

10. License Section (Subpart B) There are three types of licensing actions addressed by the regulations License application (960.6) License amendments (960.7) The procedures for license applications and amendments are very similar Foreign Agreements (960.8) There is no standard form for licensing actions Each section lists the required information for each type of action and Appendix 1 of the regulations provides a detailed list the information required for a license application

11. License Term (960.9) The license is valid for the operational life of the system or until the Secretary of Commerce determines that the licensee is not in compliance with the Act, regulations, or the license Licensee must complete Preliminary Design Review and Critical Design Review within 5 years of the license The licensee must notify NOAA of any financial insolvency, dissolution or its decision to discontinue the system

12. Conditions for Operation (960.11) The license requires certain conditions for operation, including: Operate the system in a manner that preserves US national security and observes foreign policy concerns and international obligations Maintain operational control from the United States Ability to limit data collection and or distribution by the system Make unenhanced data available to the National Land Remote Sensing Data Archive Make unenhanced data available to the government of any country sensed (sensed state provision) Notification of operational deviations/anomalies Disposition of the system at the end of operational life

13. Prohibitions (Subpart C) It is unlawful to: Operate a system so as to jeopardize the national security, foreign policy, or international obligations of the United States Operate a system without a license Violate the Act, regulations, or license terms and conditions

14. NOAA’s Advisory Committee on Commercial Remote Sensing (ACCRES) ACCRES charter renewed every 2 yrs Provide recommendations to the Under Secretary of NOAA Members represent industry, academia, government...not themselves Announcement in Federal Register at least 2 weeks prior to meeting.

15. CRSL Activities FY 2008 Kyl-Bingaman Resolution Study SAR Imagery Analysis Subcommittee on Disaster Reduction Lunar X Prize Consultations World CRS Satellite Spreadsheets FY 2009 CRSL Workshop PECORA International Panels Hyperspectral, Thermal Infared studies

16. Resource for Remote Sensing Satellites Website: http://www.licensing.noaa.gov/whatsnew.html Electro-Optical Satellite Database (Excel file) Radar Remote Sensing Satellite Database (Excel file) Updated quarterly Format for E-O Satellite Database Country, system name, launch date, and status Spatial resolution & number of spectral bands as function of spectral region Swath width as a function of spectral region References Format for SAR Satellite Database Country, system name, launch date, and status Best resolution SAR modes Polarization options References Separate workbook tabs for each system (with additional technical data)

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19. For additional information contact the CRSL Program staff: NOAA Licensing Web Site: www.licensing.noaa.gov ` NOAA licensing email: NOAA.CRSL@noaa.gov Jane D’Aguanno, CRS Program Manager Jane.dAguanno@noaa.gov, 301-713-3385 Alan Robinson, License Officer Alan.Robinson@noaa.gov, 301-713-2024 Ext 213 Dave Hasenauer, License Officer Dave.Hasenauer@noaa.gov, 301-713-2024 Ext 207