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51 U.S.C. § 60146 — Radio frequency allocation

Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 60146 — Radio frequency allocation

**(a) Application to Federal Communications Commission.—** To the extent required by the Communications Act of 1934 ([47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) et seq.), an application shall be filed with the Federal Communications Commission for any radio facilities involved with commercial remote sensing space systems licensed under subchapter III. **(b) Deadline for FCC Action.—** It is the intent of Congress that the Federal Communications Commission complete the radio licensing process under the Communications Act of 1934 ([47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) et seq.), upon the application of any private sector party or consortium operator of any commercial land remote sensing space system subject to this chapter, within 120 days of the receipt of an application for such licensing. If final action has not occurred within 120 days of the receipt of such an application, the Federal Communications Commission shall inform the applicant of any pending issues and of actions required to resolve them. **(c) Development and Construction of United States Systems.—** Authority shall not be required from the Federal Communications Commission for the development and construction of any United States land remote sensing space system (or component thereof), other than radio transmitting facilities or components, while any licensing determination is being made. **(d) Consistency With International Obligations and Public Interest.—** Frequency allocations made pursuant to this section by the Federal Communications Commission shall be consistent with international obligations and with the public interest.

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Source location: Title 51, Chapter 601, § 60146; chapter-601-land-remote-sensing-policy.md

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 609 — Short title

This chapter may be cited as the “Communications Act of 1934.”

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47 U.S.C. § 151 — Purposes of chapter; Federal Communications Commission created

For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the “Federal Communications Commission”, which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter.

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15 U.S.C. § 5601 — Repealed. Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444

### Statutory Notes Section 5651, Pub. L. 102–555, title V, § 501, Oct. 28, 1992, 106 Stat. 4176, related to nondiscriminatory data availability. See [section 60141 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60141&num=0&edition=prelim), National and Commercial Space Programs. Section 5652, Pub. L. 102–555, title V, § 502, Oct. 28, 1992, 106 Stat. 4176, related to archiving of data. See [section 60142 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60142&num=0&edition=prelim). Section 5653, Pub. L. 102–555, title V, § 503, Oct. 28, 1992, 106 Stat. 4177, related to nonreproduction of unenhanced data. See [section 60143 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60143&num=0&edition=prelim). Section 5654, Pub. L. 102–555, title V, § 504, Oct. 28, 1992, 106 Stat. 4177, related to reimbursement for assistance. See [section 60144 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60144&num=0&edition=prelim). Section 5655, Pub. L. 102–555, title V, § 505, Oct. 28, 1992, 106 Stat. 4177, related to acquisition of equipment. See [section 60145 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60145&num=0&edition=prelim). Section 5656, Pub. L. 102–555, title V, § 506, Oct. 28, 1992, 106 Stat. 4177, related to radio frequency allocation. See [section 60146 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60146&num=0&edition=prelim). Section 5657, Pub. L. 102–555, title V, § 507, Oct. 28, 1992, 106 Stat. 4178, related to consultation regarding national security, international obligations, status reports, and certain reimbursements.

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Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 60111 — Landsat Program Management

**(a) Establishment.—** The Administrator and the Secretary of Defense shall be responsible for management of the Landsat program. Such responsibility shall be carried out by establishing an integrated program management structure for the Landsat system. **(b) Management Plan.—** The Administrator, the Secretary of Defense, and any other United States Government official the President designates as responsible for part of the Landsat program shall establish, through a management plan, the roles, responsibilities, and funding expectations for the Landsat program of the appropriate United States Government agencies. The management plan shall— (1) specify that the fundamental goal of the Landsat Program Management is the continuity of unenhanced Landsat data through the acquisition and operation of a Landsat 7 satellite as quickly as practicable which is, at a minimum, functionally equivalent to the Landsat 6 satellite, with the addition of a tracking and data relay satellite communications capability; (2) include a baseline funding profile that— (A) is mutually acceptable to the Administration and the Department of Defense for the period covering the development and operation of Landsat 7; and (B) provides for total funding responsibility of the Administration and the Department of Defense, respectively, to be approximately equal to the funding responsibility of the other as spread across the development and operational life of Landsat 7; (3) specify that any improvements over the Landsat 6 functional equivalent capability for Landsat 7 will be funded by a specific sponsoring agency or agencies, in a manner agreed to by the Landsat Program Management, if the required funding exceeds the baseline funding profile required by paragraph (2), and that additional impr

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Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 60122 — Conditions for operation

**(a) License Required for Operation.—** No person that 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 60121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60121&num=0&edition=prelim). **(b) Licensing Requirements.—** Any license issued pursuant to this subchapter shall specify that the licensee shall comply with all of the requirements of this chapter and shall— (1) operate the system in such manner as to preserve the national security of the United States and to observe the international obligations of the United States in accordance with [section 60146 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60146&num=0&edition=prelim); (2) make available to the government of any country (including the United States) unenhanced data collected by the system concerning the territory under the jurisdiction of such government as soon as such data are available and on reasonable terms and conditions; (3) make unenhanced data designated by the Secretary in the license pursuant to [section 60121(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60121/e&num=0&edition=prelim) available in accordance with [section 60141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60141&num=0&edition=prelim); (4) upon termination of operations under the license, make disposition of any satellites in space in a manner satisfactory to the President; (5) furnish the Secretary with complete orbit and data collection characteristics of the system, and inform the Secretary i

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51 U.S.C. § 60141 — Nondiscriminatory data availability

**(a) In General.—** Except as provided in subsection (b), any unenhanced data generated by the Landsat system or any other land remote sensing system funded and owned by the United States Government shall be made available to all users without preference, bias, or any other special arrangement (except on the basis of national security concerns pursuant to [section 60146 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60146&num=0&edition=prelim)) regarding delivery, format, pricing, or technical considerations which would favor one customer or class of customers over another. **(b) Exceptions.—** Unenhanced data generated by the Landsat system or any other land remote sensing system funded and owned by the United States Government may be made available to the United States Government and its affiliated users at reduced prices, in accordance with this chapter, on the condition that such unenhanced data are used solely for noncommercial purposes.

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Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 60142 — Archiving of data

**(a) Public Interest.—** It is in the public interest for the United States Government to— (1) maintain an archive of land remote sensing data for historical, scientific, and technical purposes, including long-term global environmental monitoring; (2) control the content and scope of the archive; and (3) ensure the quality, integrity, and continuity of the archive. **(b) Archiving Practices.—** The Secretary of the Interior, in consultation with the Landsat Program Management, shall provide for long-term storage, maintenance, and upgrading of a basic, global, land remote sensing data set (hereafter in this section referred to as the “basic data set”) and shall follow reasonable archival practices to ensure proper storage and preservation of the basic data set and timely access for parties requesting data. **(c) Determination of Content of Basic Data Set.—** In determining the initial content of, or in upgrading, the basic data set, the Secretary of the Interior shall— (1) use as a baseline the data archived on October 28, 1992; (2) take into account future technical and scientific developments and needs, paying particular attention to the anticipated data requirements of global environmental change research; (3) consult with and seek the advice of users and producers of remote sensing data and data products; (4) consider the need for data which may be duplicative in terms of geographical coverage but which differ in terms of season, spectral bands, resolution, or other relevant factors; (5) include, as the Secretary of the Interior considers appropriate, unenhanced data generated either by the Landsat system, pursuant to subchapter II, or by licensees under subchapter III; (6) include, as the Secretary of the Interior considers appropriate, data collected by

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 151 — Purposes of chapter; Federal Communica-

Page 12 TITLE 47—TELECOMMUNICATIONS § 151 Sec. 561. Scrambling of sexually explicit adult video service programming. 562. Requirements relating to charges for covered services. PART V—VIDEO PROGRAMMING SERVICES PROVIDED BY TELEPHONE COMPANIES 571. Regulatory treatment of video programming services. 572. Prohibition on buy outs. 573. Establishment of open video systems. SUBCHAPTER VI—MISCELLANEOUS PROVISIONS 601. Interstate Commerce Commission and Post- master General; duties, powers, and func- tions transferred to Commission. 602, 603. Repealed. 604. Effect of transfer. 605. Unauthorized publication or use of commu- nications. 606. War powers of President. 607. Effective date of chapter. 608. Separability. 609. Short title. 610. Telephone service for disabled. 611. Closed-captioning of public service announce- ments. 612. Syndicated exclusivity. 613. Video programming accessibility. 614. Telecommunications Development Fund. 615. Support for universal emergency telephone number. 615a. Service provider parity of protection. 615a–1. Duty to provide 9–1–1 and enhanced 9–1–1 serv- ice. 615b. Definitions. 615c. Emergency Access Advisory Committee. 616. Internet protocol-based relay services. 617. Access to advanced communications services and equipment. 618. Enforcement and recordkeeping obligations. 619. Internet browsers built into telephones used with public mobile services. 620. Relay services for deaf-blind individuals. 621. Rulemaking on loud commercials required. 622. Optional electronic labeling of communica- tions equipment. 623. Configuration of multi-line telephone sys- tems for direct dialing of 9–1–1. 624. Disclosure requirements for United States- based foreign media outlets. SUBCHAPTER VI

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Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 60146 — Radio frequency allocation

Page 156 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60145 § 60145. Acquisition of equipment The Landsat Program Management may, by means of a competitive process, allow a licensee under subchapter III or any other private party to buy, lease, or otherwise acquire the use of equipment from the Landsat system, when such equipment is no longer needed for the operation of such system or for the sale of data from such system. Officials of other United States Govern- ment civilian agencies are authorized and en- couraged to cooperate with the Secretary in car- rying out this section. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60145 .......... 15 U.S.C. 5655. Pub. L. 102–555, title V, § 505, Oct. 28, 1992, 106 Stat. 4177. § 60146. Radio frequency allocation (a) APPLICATION TO FEDERAL COMMUNICATIONS COMMISSION.—To the extent required by the Communications Act of 1934 (47 U.S.C. 151 et seq.), an application shall be filed with the Fed- eral Communications Commission for any radio facilities involved with commercial remote sens- ing space systems licensed under subchapter III. (b) DEADLINE FOR FCC ACTION.—It is the intent of Congress that the Federal Communications Commission complete the radio licensing proc- ess under the Communications Act of 1934 (47 U.S.C. 151 et seq.), upon the application of any private sector party or consortium operator of any commercial land remote sensing space sys- tem subject to this chapter, within 120 days of the receipt of an application for such licensing. If final action has not occurred within 120 days of the receipt of such an application, the Federal Communications Commission shall inform the applicant

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