ASPRS

PE&RS October 2000

VOLUME 66, NUMBER 10
PHOTOGRAMMETRIC ENGINEERING & REMOTE SENSING
JOURNAL OF THE AMERICAN SOCIETY FOR PHOTOGRAMMETRY AND REMOTE SENSING

The New Regulatory Framework for Commercial Remote Sensing

August 30, 2000, passed without much notice or fanfare in Washington, DC. Most were sighing at the prospect of the end of the August lull and the flurry that would follow when lawmakers returned to conclude the session of Congress. August 30, however, marked a significant date for anyone interested in or affected by the commercial remote sensing industry. On this date, NOAA’s long-awaited new regulations (15 CFR Part 960) for licensing of private remote sensing space systems took effect.

In furtherance of the Land Remote Sensing Policy Act of 1992 (the Act) and the President’s Decision Directive (PDD) of March 10, 1994, NOAA licenses the operation of private remote sensing space systems. As a legal matter, the Act embodies adherence to obligations under the United Nations Outer Space Treaty of 1967. The U.S. Government (USG), through NOAA, regulates the activities of private remote sensing space systems since the USG, as a State party to the 1967 Treaty, is held strictly liable for U.S. private and governmental entities’ activities in outer space. The Act and the PDD also require that commercial activities in this domain be conducted consistent with national security and foreign policy interests.

Beyond the legal imperatives, facilitating increased private sector activity in remote sensing from space serves other critical policy goals. The success of commercial remote sensing systems translates into maintaining an important industrial base, promoting technology competitiveness and economic security. Remote Sensing companies and their value-added partners will greatly contribute to the global information economy and to solving global problems with geospatial information.
  Since the first licenses were issued by NOAA almost ten years ago, the industry has raised significant funds and built strategic partnerships. NOAA has so far awarded 13 operating licenses with numerous other applications and amendments under review. Two of the satellites we have licensed are now operational and we expect several more systems will be launched within a year. In relative terms, the industry is still young. What can the Federal Government do to foster the growth and maturity of this industry?

One of the most important actions for the USG is to provide a stable and predictable regulatory regime. This is fundamental for our companies to be able to attract needed investment and strategic partners, both domestic and international. NOAA developed new regulations to incorporate changes from the Act and the PDD and to reflect the considerable licensing experience gained by the agency in the intervening years. NOAA approached this task by holding numerous public meetings on the record with the regulated community and crafting final regulations with extensive public input.

A number of key provisions of 15 CFR Part 960 are worth highlighting here:

The challenge of a rulemaking is to achieve a set of regulations that successfully balances numerous equities and provides due process to those affected by the rules. In our case, following a lengthy, comprehensive deliberative process, we crafted new regulations intended to facilitate development of the industry, promote widespread access and beneficial use of remote sensing data, and preserve our other vital national interests. In terms of due process, upon completion of the public comment period, we will closely study the viewpoints of all interested parties. We particularly welcome substantive proposals to improve the regulatory framework to achieve these goals. For a complete set of the new regulations, visit www.licensing.NOAA.gov.

 
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