[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: 15CFR960.12]

[Page 303-304]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 960_LICENSING OF PRIVATE REMOTE SENSING SYSTEMS--Table of Contents
 
                           Subpart B_Licenses
 
Sec. 960.12  Data policy for remote sensing space systems.

    (a) In accordance with the Act, if the U.S. Government has or will 
directly fund all or a substantial part of the development, fabrication, 
launch, or operation costs of a licensed system, the license shall 
require that all of the unenhanced data from the system be made 
available on a nondiscriminatory basis except on the basis of national 
security, foreign policy or international obligations.
    (b) If the U.S. Government has not funded and will not fund, either 
directly or indirectly, any of the development, fabrication, launch, or 
operations costs of a licensed system, the licensee may provide access 
to its unenhanced data in accordance with reasonable commercial terms 
and conditions, subject to the requirement of providing data to the 
government of any sensed state, pursuant to Sec. 960.11(b)(10), and to 
implementation of the licensee's plan, as contained in its application, 
to provide widespread access to its unenhanced data for non-commercial 
scientific, educational or other public benefit purposes.
    (c) If the U.S. Government has (either directly or indirectly) 
funded some of the development, fabrication, launch, or operations costs 
of a licensed system, the Assistant Administrator, in consultation with 
other appropriate U.S. agencies, shall, subject to national security 
concerns, determine whether the interest of the United States in 
promoting widespread availability of remote sensing data on reasonable 
cost terms and conditions requires that some or all of the unenhanced 
data from the system be made available on a nondiscriminatory basis in 
accordance with the Act. The license shall specify any data subject

[[Page 304]]

to this requirement. In making this determination, the Assistant 
Administrator may consider:
    (1) The extent and proportion of private and federal funding of the 
system;
    (2) The extent of the governmental versus the commercial market for 
the unenhanced data;
    (3) The effect of a nondiscriminatory data access designation on the 
applicant's commercial activity;
    (4) The extent to which the applicant's proposed commercial data 
policies would encourage foreign operators to limit access, particularly 
for research and public benefit purposes; or
    (5) The extent to which the U.S. interest in promoting widespread 
data availability can be satisfied through license conditions that 
ensure access to the data for scientific, educational, or other public 
benefit purposes.