NOAA s Licensing of CubeSats as Private Remote Sensing Space Systems under the National and Commercial Space Policy Act

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1 NOAA s Licensing of CubeSats as Private Remote Sensing Space Systems under the National and Commercial Space Policy Act Glenn Tallia Chief, Weather Satellites and Research Section NOAA General Counsel January 20, 2012

2 Summary of Law The National and Commercial Space Policy Act of 2010 (formerly the 1992 Land Remote Sensing Policy Act), provides no person who is subject to the jurisdiction or control of the U.S. may operate any private remote sensing space system without a license. See 51 U.S.C , et seq. The law authorizes the Secretary of Commerce to license private sector parties to operate private remote sensing space systems. By law, the Secretary can grant a license only upon determining, in writing, that the applicant will comply with the requirements of the Act, any regulations issued pursuant to the Act and any applicable international obligations and national security concerns of the United States. The Secretary delegated authority to the National Oceanic and Atmospheric Administration (NOAA).

3 NCSPA Vision To promote the commercial viability of private Earth remote sensing space systems while protecting national security, foreign policy and international obligations.

4 Summary of Regulations 15 CFR Part 960 Focuses on operations of the Remote Sensing System. See 15 CFR and also 51 USC 60121(a)(2) Broadly defines Remote Sensing System to include a finite number of satellites, and associated facilities including those for tasking, receiving and storing data, that is capable of actively or passively sensing the earth s surface. See 15 CFR Requires data protection plans which describe how licensee plans to protect data and information through the lifecycle of tasking, operations, processing, archiving, and dissemination. See 15 CFR (b)(13). Requires audits and inspections of facilities and that an tasking log be maintained and provided to NOAA. See 15 CFR (b)(3) Addresses: Application Process ( 960.4, Appendix 1) Conditions of Operations ( ) Foreign Agreements ( 960.8) Prohibitions ( ) Enforcement Procedures ( )

5 Department of Defense USG Coordination Department of Interior Department of State Interagency Reviewers Intelligence Community Department of Treasury/Office of Foreign Asset Control Department of Commerce International Trade Administration/Office of Aerospace Office of Space Commercialization Bureau of Industry and Security White House National Security Council Office of Science and Technology Policy

6 As a minimum, licensees shall: General License Conditions Operate System in a Way to Preserve National Security and observe Foreign Policy/International Obligations of the US Maintain Operational Control from within the US Maintain Records of Operations and Make Available Limit Collection and/or Dissemination as Required Notify NOAA of Foreign Agreements Report Deviations and Anomalies (including planned) Make Data Available to Department of Interior for the National Archive Dispose of System in manner approved by Assistant Administrator Submit a Data Protection Plan

7 Compliance and Monitoring Verification of the: License Foreign Agreement Data Protection Plan Audits Information any other documentation submitted Launch plans/prelaunch documentation Process for verification includes: Review and analysis of all material listed above Independent research Audit information review On site inspections annually

8 Licensing of CubeSats Non U.S. Government satellite operators who plan to remotely sense the Earth from space need a license from NOAA. This can include CubeSats, even though they often don t raise national security or foreign policy concerns. NOAA has encouraged potential CubeSat operators to consult with NOAA and/or make application. Recent briefings at CubeSat workshops Developed brochure and "Initial Contact Form" on NOAA & Cal Poly websites

9 CubeSat Licensing Summary 12 Initial Contact Forms sent to NOAA by private operators 4 Licenses issued Public summaries available 1 Pending Proposes 100 CubeSat constellation 7 determined to not require a license Not remotely sensing the earth from space Many more systems under development

10 Issues and Concerns Legislative history indicates Congress main concern was highly capable private remote sensing space systems that could pose a risk to national security or U.S. international obligations or raise foreign policy concerns. Intent of the law was to preserve industrial base by allowing the operation of such systems but subject to strict USG regulatory oversight. But law was written more broadly to require a license for all systems capable of sensing the Earth regardless of capability. See 51 USC 60122(a). Under strict reading of law, NOAA is obligated to license CubeSats which propose to image the Earth even though when don t necessarily raise the concerns the law was intended to address. Many potential operators are unaware of the need for a license. Limited staff and resources diverted from where most needed oversight of highly capable systems.

11 Issues and Concerns (cont.) Design of some CubeSat systems makes it impossible to comply with standard licensing conditions, e.g., limitation of imaging operations when required by national security concerns. Can act as uncontrollable space debris increased risk to other space objects. Some systems built with the assistance of foreign graduate students resulting in potential deemed export problem.

12 Way Forward Seek change in law to clarify scope of licensing requirement. Revise current regulations to redefine private remote sensing space systems to provide NOAA discretion to determine that certain CubeSats that propose to image the Earth do not require a license. Continue to raise awareness in the CubeSat community of the licensing requirement. Work to develop guidelines, codes of conduct, etc. to address such issues as insertion into orbit, modes of operation, disposal protocol, etc.

13 Final Word Need to educate clients on NOAA licensing requirements for CubeSats If doubt as to whether license required, contact to consult or submit Initial Contact Form to NOAA. My contact information: