About Commercial Remote Sensing Compliance & Monitoring

Mission

The mission of Commercial Remote Sensing Compliance and Monitoring is to facilitate the United States commercial remote sensing industry and promote collection and widespread availability of Earth remote sensing data, while preserving essential U.S. national security interests, foreign policy and international obligations, through assuring compliance by the licensees of U.S. law, regulations, policy and the terms of the private remote sensing space system license.

Fairbanks  Command & Data Acquisition Station
It executes its mission by:
  • Conducting periodic on-site audits
  • Collecting and reviewing:
    • Quarterly reports
    • Appropriate financial information
    • Plans and procedures to comply with data collection restrictions, operational limitations, and data protection plans
    • Information required to be filed 6 months prior to launch of a remote sensing space system
  • Assuring compliance with the Kyl-Bingaman Amendment for collection of imagery of Israel
  • Reviewing licensee agreements impacting national security, foreign policy and international obligations of the U.S.
  • When necessary, initiating appropriate enforcement actions to assure compliance with law, regulations and terms of the private remote sensing space system license.

Licensee Responsibilities (Overview)

As a NOAA Licensee to operate a private remote sensing space system, significant responsibilities accompany the privilege. A Licensee must:

  • operate the system in such a manner as to preserve the national security of the U.S. and observe the international obligations of the U.S
  • discharge legal obligations regarding availability of data
  • comply with:
    • the terms and conditions of the NOAA license
    • reporting requirements (e.g., quarterly audits, immediate notification of any deviations from orbit, and data collection characteristics of the system, and, proposed significant or substantial foreign agreements, inter alia)
    • information requests from Commercial Remote Sensing Compliance and Monitoring
    • cooperate fully with Commercial Remote Sensing Compliance and Monitoring on-site audit activities including foreign sites

CMP Enforcement Responsibilities

Commercial Remote Sensing Compliance and Monitoring is charged to monitor compliance and when necessary take corrective actions to enforce compliance with US law, policy, regulations, and the terms and conditions of the NOAA license. The following information highlights the means and manner in which Commercial Remote Sensing Compliance and Monitoring performs its duties:

Audits

The Commercial Remote Sensing Compliance and Monitoring Audit cycle is divided into two major processes that are also linked. First, a Baseline Audit is conducted prior to issuance of a license. Licensees are then audited on an annual basis in all cases. Licensees with systems on orbit file Annual Compliance Audits but in addition have more detailed audit and reporting requirements as described below.

Baseline:

Conducted prior to issuance of the license to establish the baseline audit of the space system, suitability of the company as a licensee, and to help the Secretary discharge his responsibility to make a written determination required by the Act.

Annual Compliance Audit:

Commercial Remote Sensing Compliance and Monitoring will conduct an on-site audit at least annually, following the issuance of a license, to confirm the licensee's compliance with the national security, foreign policy, international obligations of the United States and compliance with all other license conditions.

Annual Operational and Record keeping:

Additional information to be included in the Annual Compliance Audit for post-launch operating space systems. Includes data covering the previous 12 months of operation pertaining to:

  • Spacecraft telemetry
  • Imaging sensor(s) Tasking/Metadata: Date/time collection, Image number
  • Imager used
  • Image corner points (latitude/longitude)
  • Inertial position (x,y,z)
  • Scan duration and Azimuth
  • Imagery data purges and purge alerts to the NSLRS data archive
  • Location and function of non-US ground stations (including up and downlink)
  • Quarterly Reports (Filed by licensees with a system on orbit)
  • System anomalies (deviations)
For Radar Systems:
  • Spacecraft telemetry
  • Imaging sensor(s) Tasking/Metadata: Date/time collection, Image number
  • Imager used
  • Image corner points (latitude/longitude)
  • Inertial position (x,y,z)
  • Scan duration and Azimuth
  • Imagery data purges and purge alerts to the NSLRS data archive
  • Phase history Grazing angle
  • Polarization information
  • Location and function of non-US ground stations (including up and downlink)
  • Quarterly Reports (Filed by licensees with a system on orbit)
  • System anomalies (deviations)
For Hyperspectral Systems:
  • Spacecraft telemetry
  • Imaging sensor(s) Tasking/Metadata: Date/time collection, Image number
  • Imager used
  • Image corner points (latitude/longitude)
  • Inertial position (x,y,z)
  • Scan duration and Azimuth
  • Imagery data purges and purge alerts to the NSLRS data archive
  • Design characteristics
  • Data flow including data protection
  • Operational wavelengths, Spatial and Spectral resolution
  • Co-registration of hyperspectral data with data from other on-board sensors
  • System throughput
  • Raw data
  • Location and function of non-US ground stations (including up and downlink)
  • Quarterly Reports (Filed by licensees with a system on orbit)
  • System anomalies (deviations)
Quarterly Reports (Filed by licensees with a system on orbit) containing:
  • System anomalies (deviations)
  • Updates to License Appendix 2 - Operational & Technical Information
  • Updates to Appendix 3 - Corporate Information
  • Methods for compliance with the Kyl-Bingaman Amendment
Approve Data Protection Plans/Encryption
  • Data Protection Plan is the licensees plan to protect data and information through the entire cycle of tasking, operations, processing, archiving and dissemination.
  • End-to-end process (high level)
  • Program Space Segment (detailed information)
  • Program Ground Segment (detailed information)
  • Encryption approved by NOAA is required
Monitor Licensee Compliance
  • Compliance and Monitoring reviews the terms of the license, audits, quarterly reports, on-site inspection reports and other information to assure compliance by licensees with U.S. law, regulations, policy and the terms of the NOAA license and specifically, the conditions for operation contained in 15 CFR Sect. 960.11. When circumstances indicate, investigate:
  • Imagery sales
  • Violations of law, regulations, policy or the terms of the NOAA license
  • Financial improprieties raising questions of a licensees
Conduct Enforcement Activities

The Secretary is authorized to conduct such enforcement activities as are necessary to carry out his/her responsibilities under the Act. As the Secretary s designee, Commercial Remote Sensing Compliance and Monitoring investigates and refers violations to appropriate authority for enforcement actions. Such actions may include imposition of a civil penalty by the Secretary of no more than $10,000, per violation, per day of operation in violation. Additionally, the Secretary of his/her designee may request the appropriate U.S. Attorney to seek a court order to terminate, suspend or modify the license, or immediate termination of operations.

Launch Responsibilities

[Note: Licensee reporting requirements and NOAA site visit responsibilities are time sensitive and triggered by the launch date. Therefore, it is incumbent upon the licensee to notify NOAA licensing immediately when a decision has been made to change a previously reported launch date. Failure to timely notify is a violation of the terms of the license.]

Compliance and monitoring responsibilities include awareness of:

  • Status of spacecraft: must notify if anomaly occurs
  • Launch dates: sets off chain of events
  • Location of all ground stations: updates required each inspection visit
  • Data Protection Plan: required for all ground stations
  • Status of ground stations: active, inactive, commercial, government
Pre-Launch Requirements:
Twelve months prior to projected launch date, licensee provides:
  • Plans for data collection restrictions
  • Operational limitations, or any data protection plans, as required
  • Operational plan for restricting collection and/or dissemination of imagery of Israeli territory which is no more detailed or precise than what is available from non-U.S. sources
Six months prior to projected launch date licensee provides:
  • Graphic data flow diagram for the data flow from the sensor to final product delivery locations
  • Satellite sub-systems drawing representing the various sub-system locations
  • Final imaging system specifications for each sensor.
Thirty days prior to launch:
  • NOAA will visit the site where the satellite is located and verify the system
Post Launch:
Once spacecraft is declared operational, the licensee submits:
  • Spacecraft designation number
  • Orbital altitude
  • Orbital inclination
  • Spacecraft state of health
  • Imaging system state of health
  • Spatial resolution
  • Spectral resolution

Interruption of Normal Commercial Operations

In consultation with the affected agencies, limitation on commercial remote sensing systems will be imposed by the Secretary of Commerce when necessary to meet international obligations and national security and foreign policy concerns and will be in accord with the determinations of the Secretary of Defense and the Secretary of State and with applicable law. Procedural responsibilities and actions implementing this policy of particular importance to the licensee and the Commercial Remote Sensing Compliance and Monitoring follow:

  • Upon notification by the Departments of Defense and State of an intent to request the Secretary of Commerce to issue a directive to interrupt normal commercial operations, Commercial Remote Sensing Compliance and Monitoring will exercise due diligence to transmit the directive within 4 hours of the Secretarial decision to the affected licensee(s)
  • Commercial Remote Sensing Compliance and Monitoring obtains necessary system date necessary to prepare the interruption directive and transmits the approved directive via fax to licensee(s)
  • Licensee will immediately acknowledge receipt of the directive and implementation of the directive
  • Licensee is obligated to advise Commercial Remote Sensing Compliance and Monitoring as soon as possible of any failure to comply with the directive
  • Commercial Remote Sensing Compliance and Monitoring will issue a termination of episode, rescinding the interruption of normal commercial operations directive, when informed by appropriate authority to do so.

15 CFR Part 960; Appendix 2 to Part 960-Fact Sheet Regarding the Memorandum of Understanding Concerning the Licensing of Private Remote Sensing Satellite Systems Dated February, 2000.

Audit Cycle

Audit Cycle

Baseline Audit Annual Compliance Audit Annual Compliance Audit Annual Compliance Audit Quarterly Report