[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR911.5]

[Page 77-78]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 911_POLICIES AND PROCEDURES CONCERNING USE OF THE NOAA SPACE-BASED DATA 
COLLECTION SYSTEMS--Table of Contents
 
Sec. 911.5  NOAA Data Collection Systems Use Agreements.

    (a)(1) In order to use a NOAA DCS, each user must have an agreement 
with the approving authority for that system.
    (2) Persons interested in entering into a system use agreement 
should contact the Director.
    (b) These agreements will address, but may not be limited to, the 
following matters:
    (1) The period of time the agreement is valid and procedures for its 
termination,
    (2) The authorized use(s), and its priorities for use,
    (3) The extent of the availability of commercial space-based 
services which meet the user's requirements and the reasons for 
necessitating the use of the Government system,
    (4) Any applicable government interest in the data,
    (5) Required equipment standards,
    (6) Standards of operation,
    (7) Conformance with applicable ITU and FCC agreements and 
regulations,
    (8) Reporting time and frequencies,
    (9) Data formats,
    (10) Data delivery systems and schedules, and
    (11) User-borne costs.
    (c) The Director shall evaluate user requests for System Use 
Agreements and renewals and conclude agreements for use of the NOAA DCS.
    (d)(1) Agreements for the collection, via the Argos DCS, of 
environmental data by government agencies or non-profit institutions 
shall be valid for 3 years from the date of initial in-situ deployment 
of the platforms, and may be renewed for additional 3-year periods.
    (2) Agreements for the collection of environmental data, via the 
Argos DCS, by non-government users shall be valid for 1 year from the 
date of initial in-situ deployment of the platforms, and may be renewed 
for additional 1-year periods, but only for so long as there exists a 
governmental interest in the receipt of these data.
    (3) Agreements for the collection of non-environmental data, via the 
Argos DCS, by government agencies, or non-profit institutions where 
there is a government interest, shall be valid for 1

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year from the date of initial in-situ deployment of the platforms, and 
may be renewed for additional 1-year periods.
    (4) Agreements for the episodic collection of non-environmental 
data, via the Argos DCS under Sec. 911.4(c)(4), shall be of short, 
finite duration not to exceed 1 year without exception, and usually 
shall not exceed 6 months. These agreements shall be closely monitored 
and shall not be renewed.
    (5) Agreements for the testing use of the Argos DCS by equipment 
manufacturers shall be valid for 1 year from the date of initial 
testing, and may be renewed for additional 1-year periods.
    (e)(1) Agreements for the collection of environmental data, by the 
GOES DCS, shall be valid for 5 years from the date of initial in-situ 
deployment, and may be renewed for additional 5-year periods.
    (2) Agreements for the testing use of the GOES DCS, by equipment 
manufacturers, shall be valid for 1 year from the date of initial 
testing, and may be renewed for additional 1-year periods.
    (3) Agreements for the collection of non-environmental data, via the 
GOES DCS, by government agencies, or non-profit institutions where there 
is a government interest, shall be valid for 1 year from the date of 
initial in-situ deployment of the platforms, and may be renewed for 
additional 1-year periods.
    (4) Agreements for the episodic collection of non-environmental 
data, via the GOES DCS under Sec. 911.4(c)(4), shall be of short, 
finite duration not to exceed 1 year without exception, and usually 
shall not exceed 6 months. These agreements shall be closely monitored 
and shall not be renewed.

[63 FR 24922, May 6, 1998, as amended at 68 FR 45161, Aug. 1, 2003]