Who is required to obtain an operating license?
Any person subject to the jurisdiction or control of the United States who wishes
to operate a private remote-sensing space system, including but not limited to:
an individual who is a citizen of the United States; a corporation, partnership,
association or other entity organized or existing under the laws of the United States
or any state, territory, or possession thereof; or any other private space system
operator having substantial connections with the United States or deriving substantial
benefits from U.S. law that support its international remote-sensing operations.
Questions concerning the application of these licensing regulations to specific
operations may be addressed to NOAA.
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How do I obtain a license?
You may obtain a license through a written application to the Assistant Administrator,
NOAA Satellite and Information Services (NESDIS), National Oceanic and Atmospheric
Administration (NOAA), 1335 East West Highway, SSMC1, 8th Floor, Silver Spring,
Maryland 20910.
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Can I discuss my proposed application with someone before formally submitting
it?
Yes, we encourage prospective applicants to contact the NOAA Licensing Staff for
a non-binding pre-license consulation to discussthe proposed application. This pre-consulation
helps avoid delays in the process once the application is formally submitted.
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Is there an application form?
No, there is no formal application form to apply for a license. Refer to Appendix
1 of 15 CFR Part 960 (the regulations) for the required information.
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Is there a filing fee or a charge?
No.
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Who reviews license applications and how long does the review process take?
NOAA reviews license applications, in consultation with the following agencies:
U.S. Department of Defense (for national security purposes), U.S. Department of
State (for foreign policy purposes) and U.S. Department of the Interior (for matters
pertaining to the storage of data in the National Land Remote Sensing Data Archive).
NOAA may also consult with other U.S. Government agencies as appropriate. Once an
application has been determined to be complete, NOAA must issue its determination
within 120 days, consistent with its statutory authority.
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What information is required in a license application?
The applicant must provide details on the following: corporate structure, system
operational/technical characteristics, expected dates of system operation, launch
information, data acquisition and distribution plans, data reproduction and pricing
policy, planned agreements with foreign entities, and plans for safe disposition
of system at the end of operations. For further details, please refer to current
regulations on the Reference Materials page.
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What does the license cover?
The license applies only to the operations (directly or via an affiliate, or subsidiary)
of a private remote-sensing space system by a U.S. entity or a non-U.S. entity,
on a case-by-case basis (taking into account such factors as receiving a U.S. launch,
operating a U.S. ground station, etc.). The license is valid for the operational
life of the system or until the U.S. Secretary of Commerce determines that the license
is not in compliance with the Act, regulations, or the terms of the license. It
is non-transferable. The operating license does not preclude requirements for the
licensee to obtain related permits and licenses for exports, use of radio frequencies,
and launch.
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What terms and conditions are included in a license?
The licensee must do the following: operate its system in a manner which preserves
the national security and observes the international obligations of the United States,
maintain positive control of spacecraft operations, maintain a tasking record in
conjunction with other record-keeping requirements, limit imaging during periods
when national security or international obligations and/or foreign policies may
be compromised, provide U.S. Government access to and use of data when required
for national security or foreign policy purposes, provide for U.S. Government review
of all significant foreign agreements, obtain U.S. Government approval for any encryption
devices used, make available unenhanced data to a "sensed state" on reasonable
cost terms and conditions, make available unenhanced data as requested by the U.S.
National Satelliteand Remote Sensing Data Archive, and obtain a priori U.S. Government
approval of all plans and procedures to deal with safe disposition of the satellite.
For additional information on license conditions, please refer to the
Reference Materials page.
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What resolution levels do U.S. companies operate at?
For proprietary reasons, NOAA does not disclose capabilities of specific systems.
However, to date, NOAA's general licensing resolution thresholds for commercial
distribution are as follows: 0.5 meter Ground Sample Distance (GSD) for panchromatic
systems, 2 meter GSD for multi-spectral systems, 3 meter Impulse Response (IPR)
for Synthetic Aperture Radar systems, and 20 meter GSD for hyperspectral systems
(with certain 8-meter hyperspectral derived products also licensed for commercial
distribution). These are subject to change based upon foreign availability and other
considerations.
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Are there other U.S. Government agencies I should consult with prior to launch
and operations?
Yes. A private operator must also receive approval from other U.S. Government agencies
for other aspects of their systems. Specifically, a private operator is required
to obtain a launch license from the U.S. Department of Transportation's Federal
Aviation Administration if its satellite is to be launched from a U.S. territory.
In addition, a private operator is required to obtain approval of the U.S. Federal
Communications Commission for its use of radio frequency spectrum.
Remotely-sensed data are not subject to export control. However, technical data
related to the design or operation of satellites and ground receiving stations currently
require export licenses. If a private remote-sensing satellite operator wishes to
export equipment or technology to support its system, that operator may first require
the appropriate export licenses from the U.S. Department of Commerce's Bureau of
Industry and Security (for items on the Commerce Control List) or the U.S. Department
of State's Office of Defense Trade Controls (for items on the U.S. Munitions List).
Questions about these matters should be addressed to these specific agencies.
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