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FREQUENTLY ASKED QUESTIONS

 

1.      What is a Remote sensing space system, or Licensed system, or System?

 

For purposes of the Land Remote Sensing Policy Space Act of 1992, all three terms refer to the same definition as found in 15 CFR Part 960, Section 960.3:

 

           means any device, instrument, or combination thereof, the space-borne platform upon which it is carried, and any related facilities capable of actively or passively sensing the Earths surface, including bodies of water, from space by making use of the properties of the electromagnetic waves emitted, reflected, or diffracted by the sensed objects.  For purposes of the regulations in this part, a licensed system consists of a finite number of satellites and associated facilities, including those for tasking, receiving, and storing data, designated at the time of the license application.  Small, hand-held cameras shall not be considered remote sensing space systems.

 

 

  1. What is a system anomaly or system deviation?

 

Any operational condition or action of the remote sensing space system that is different from those contained in the NOAA license granted to operate such a system, in particular, those found in paragraph 4 of the license. E.g., any condition or action that causes operational control to be conducted outside a location from within the United States, U.S territories and protectorates; or, tasking of the system occurs in a manner not authorized under the terms of the license; or, communication with the system is lost or interrupted; or, any new orbit or change in orbit; or, any actions taken to protect the system on orbit; or, any other operational deviation or proposed deviation that would violate the conditions of the license.  See, 15 CFR Part 960(.pdf 181 KB), Section 960.11.

 

 

  1. What financial information must a licensee submit to the NOAA Commercial Remote Sensing Compliance and Monitoring Program (CRSCMP)?

 

Licensees that are registered pursuant to the Securities and Exchange Act of 1934 (Exchange Act) should submit copies of their Securities and Exchange Commission (SEC) forms 10-K and 10-Q to fulfill this requirement.  Licensees that are not registered pursuant to the Exchange Act must include, in their quarterly and annual reports, applicable information listed in the Securities and Exchange Commission (SEC) 10-K and 10-Q forms.

 

 

  1. What information is required to be filed to meet the NOAA Commercial Remote Sensing Monitoring and Compliance Program (CRSCMP) requirements? 

 

Licensees are required to provide data in response to the Annual Compliance Audit (.pdf 39 KB), which includes, but is not limited to, changes to corporate structure, board membership (including citizenship), ownership, and financial investments. It also reviews agreements which impact the national security, foreign policy and international obligations of the United States, and the concept of operations.  Additionally, the Annual Compliance Audit includes an on-site audit conducted at least annually, and requires Licensees with operational systems to provide Annual Operational and Record Keeping information as well as Quarterly Reports (.pdf 23 KB). 

 

 

  1. When must a data protection plan be filed?

 

As soon as possible following issuance of a license to operate a remote sensing space system, but no later than 1 year prior to launch.  Also, a data protection plan (.pdf 19 KB) must be filed whenever a licensee enters into a significant and substantial foreign agreement (15 CFR Section. 960.11(b)(5)), such as to operate a ground station on foreign soil.

 

  1. My corporation is not publicly traded so I do not file SEC 10K and 10Q forms, what financial information am I required to submit to the NOAA Commercial Remote Sensing Compliance and Monitoring Program?

Licensees are still required to provide financial documentation even though they are not publicly traded. Information required would be information similar to that required in the Security and Exchange Commissions (SEC) 10K and 10Q forms, which includes, organization (name and incorporation date and state of incorporation), statement of corporate focus, current business plans, any subsidiary corporations, employees, properties, any legal proceedings,  management discussion and analysis of financial condition and results of operations: operating revenue, net loss total assets, long term obligations for last 5 years.  Provide summary compensation table for corporate board and any independent accounting firm assessment of your corporation.  Licensees are encouraged to review the SEC 10K and 10Q forms for further guidance on this information.

 

 

 

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