§ 960.4 Definitions.
For purposes of this part, the following terms have the following meanings:
Act means the Land Remote Sensing Policy Act of 1992, as amended, codified at 51 U.S.C. 60101, et seq.
Anomaly means an unexpected event or abnormal characteristic affecting the operations of a system that could indicate a significant technical malfunction or security threat. Anomalies include any significant deviation from the orbit and data collection characteristics of the system.
Appellant means a person to whom the Secretary has certified an appeal request.
Applicant means a person who submits an application to operate a private remote sensing space system.
Application means a document submitted by a person to the Secretary that contains all the information described in appendix A of this part.
Available means readily and consistently obtainable by an entity or individual other than the U.S. Government or a foreign government.
Ground sample distance or GSD refers to the common measurement for describing the spatial resolution of unenhanced data created from most remote sensing instruments, typically measured in meters. A resolution “finer than” X meters GSD means the resolution is a number lower than X. For example, 5 meters GSD is finer than 10 meters GSD.
In writing or written means written communication, physically or electronically signed (if applicable), transmitted via email, forms submitted on the Secretary's website, or traditional mail.
License means a license granted by the Secretary under the Act.
Licensee means a person to whom the Secretary has granted a license under the Act.
Material fact means a fact an applicant provides in the application, or a fact in Parts C or D of a license.
Memorandum of Understanding or MOU means the April 25, 2017 version of the “Memorandum of Understanding Among the Departments of Commerce, State, Defense, and Interior, and the Office of the Director of National Intelligence, Concerning the Licensing and Operations of Private Remote Sensing Satellite Systems,” which is included as appendix D of this part. In the event that any provisions of the MOU conflict with this part, this part shall govern.
Modification means any change in the text of a license after issuance.
Operate means to have decision-making authority over the functioning of a remote sensing instrument. If there are multiple entities involved, the entity with the ultimate ability to decide what unenhanced data to collect with the instrument and to execute that decision, directly or through a legal arrangement with a third party such as a ground station or platform owner, is considered to be operating that system.
Person or private sector party means any entity or individual other than agencies or instrumentalities of the U.S. Government.
Private remote sensing space system or system means an instrument that is capable of conducting remote sensing and which is not owned by an agency or instrumentality of the U.S. Government. A system must contain a remote sensing instrument and all additional components that support operating the remote sensing instrument, receipt of unenhanced data, and data preprocessing, regardless of whether the component is owned or managed by the applicant or licensee, or by a third party through a legal arrangement with the applicant or licensee.
Remote sensing means the collection of unenhanced data by an instrument in orbit of the Earth which can be processed into imagery of surface features of the Earth.
Secretary means the Secretary of Commerce, or his or her designee.
Significant or substantial foreign agreement means a contract or legal arrangement with a foreign national, entity, or consortium involving foreign nations or entities, only if executing such contract or arrangement would require a license modification under § 960.13.
Subsidiary or affiliate means a person who directly or indirectly, through one or more intermediaries, controls or is controlled by or is under common control with, the applicant or licensee.
Substantially the same means that one item is a market substitute for another, taking into account all applicable factors. When comparing data, factors include but are not limited to the data's spatial resolution, spectral bandwidth, number of imaging bands, temporal resolution, persistence of imaging, local time of imaging, geographic or other restrictions imposed by foreign governments, and all applicable technical system factors listed in the application in appendix A of this part.
Unenhanced data means the output from a remote sensing instrument, including imagery products, which is either unprocessed or preprocessed. Preprocessing includes rectification of system and sensor distortions in data as it is received directly from the instrument in preparation for delivery to a user, registration of such data with respect to features of the Earth, and calibration of spectral response with respect to such data, but does not include conclusions, manipulations, or calculations derived from such data, or a combination of such data with other data.
U.S. person means:
(1) Any individual who is a citizen or lawful permanent resident of the United States; and
(2) Any corporation, partnership, joint venture, association, or other entity organized or existing under the laws of the United States or any State, the District of Columbia, Puerto Rico, American Samoa, the United States Virgin Islands, Guam, the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.
Waiver means any change from the standard license text in § 960.8, § 960.9, or § 960.10, which change is included in a license upon license issuance, in response to a request by the applicant pursuant to § 960.12.