Space Law TOP
Contents Intoroduction Preliminaries Chapter 1 Chapter 2
Chapter 3 Chapter 4 Appendix Index



Sec. 410.

(1) In consultation with other appropriate Federal agencies, the Secretary is authorized to license private sector parties to operate private remote-sensing space systems for such period as the Secretary may specify and in accordance with the provisions of this title.
(2) In the case of a private space system that is used for remote-sensing and other purposes, the authority of the Secretary under this title shall be limited only to the remote-sensing operations of such space system.
(b) No license shall be granted by the Secretary unless the Secretary determines in writing that the applicant will comply with the requirements of this Act, and any applicable international obligations and national security concerns of the United States.
(c) The Secretary shall review any application and make a determination thereon within 120 days of the receipt of such application. If final action has not occurred within such time, the Secretary shall inform the applicant of any pending issues and of actions required to resolve them.
(d) the Secretary shall not deny such license in order to protect any existing licensee from competition.

Sec. 401.

(a) No person who is subject to the jurisdiction or control of the United States may, directly or through any subsidiary or affiliate, operate any private remote-sensing space system without a license pursuant to section 401.
(b) Any license issued pursuant to this title shall specify, at a minimum, that the licensee shall comply with all of the requirements of this Act and shall-
(1) operate the system in such manner as to preserve and promote the national security of the United States and to observe and implement the international obligations of the United States in accordance with section 607;
(2) make unenhances data available to all potential users on a nondiscriminatory basis;
(3) upon termination of operations under the license, make disposition of any satellites in space in a manner satisfactory to the President;
(4) promptly make available all unenhanced data which the Secretary may request pursuant to section 602;
(5) furnish the Secretary with complete orbit and data collection characteristics of the system, obtain advance approval of any intended deviation from such characteristics, and inform the Secretary immediately of any unintended deviation;
(6) notify the Secretary of any agreement the licensee intends to enter with a foreign nation, entity or consortium involving foreign nations or records;
(7) permit the inspection by the Secretary of the licensee's equipment, facilities, and financial records;
(8) surrender the license and terminate operations upon notification by the Secretary pursuant to section 403 (a) (1); and
(A) notify the Secretary of any "value added" activities (as defined by the Secretary by regulation) that will be conducted by the licensee or by a subsidiary or affiliate; and
(B) if such activities are to be conducted, provide the Secretary with a plan for compliance with the provisions of this Act concerning nondiscriminatory access.

Sec. 403.

(a) In order to carry out the responsibilities specified in this title, the Secretary may-
(1) grant, terminate, modify, condition, transfer, or suspend licenses under this title, and upon notification of the licensee may terminate licensed operations on an immediate basis, if the Secretary determines that the licensee has substantially failed to comply with any provision of this Act, with any terms, conditions, or restrictions of such license, or with any international obligations or national security concerns of the United States;
(2) inspect the equipment, facilities, or financial records of any licensee under this title;
(3) provide penalties for noncompliance with the requirements of licenses or regulations issued under this title, including civil penalties not to exceed $10,000 (each day of operation in violation of such licenses or regulations constituting a separate violation);
(4) compromise, modify, or remit any such civil penalty;
(5) issue subpoenas for any materials, documents, or records, or for the attendance and testimony of witnesses for the purpose of conducting a hearing under this section;
(6) seize any object, record, or report where there is probable cause to believe that such object, record, or report was used, is being used, or is likely to be used in violation of this Act or the requirements of a license or regulation issued thereunder; and
(7) make investigations and inquiries and administer to or take from any person an oath, affirmation, or affidavit concerning any matter relating to the enforcement of this Act.
(b) Any applicant or licensee who makes a timely request for review of an adverse action pursuant to subsections (a) (1), (a) (3), or (a) (6) shall be entitled to adjudication by the Secretary on the record after an opportunity for an agency hearing with respect to such adverse action. Any final action by the Secretary under this subsection shall be subject to judicial review under chapter 7 of title 5, United States Code.

Sec. 404.
The Secretary may issue regulations to carry out the provisions of this title. Such regulations shall be promulgated only after public notice and comment in accordance with the provisions of section 553 of title 5, United States Code.

Sec. 405.
(a) A private sector party may apply for a license to operate a private remote-sensing space system which utilizes, on a space available basis, a civilian United States Government satellite or vehicle as a platform for such system. The Secretary, pursuant to the authorities of this title, may license such system if it meets all conditions of this title and-
(1) (1) the system operator agrees to reimburse the Government immediately for all related costs incurred with respect to such utilization, including a reasonable and proportionate share of fixed, platform, data transmission, and launch costs; and
(2) (2) such utilization would not interfere with or otherwise compromise intended civilian Government missions, as determined by the agency responsible for such civilian platform.
(b) The Secretary may offer assistance to private sector parties in finding appropriate opportunities for such utilization.
(c) To the extent provided in advance by appropriation Acts, any Federal agency may enter into agreements for such utilization if such agreements are consistent with such agency's mission and statutory authority, and if such remote-sensing space system is licensed by the Secretary before commencing operation.
(d) The provisions of this section do not apply to activities carried out under title V.
(e) Nothing in this title shall affect the authority of the Federal Communications Commission pursuant to the Communications Act of 1934, as amended (47 U.S.C. 151 et seq.).

Sec. 406.
If, five years after the expiration of the six-year period described in section 304 (aY2), no private sector party has been licensed and continued in operation under the provisions of this title, the authority of this title shall terminate.

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