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http://dx.doi.org/10.7780/kjrs.2019.35.2.4

U.S. Commercial Remote Sensing Regulatory Reform Policy  

Kwon, Heeseok (Policy & Cooperation Division, Korea Aerospace Research Institute)
Lee, Jinho (KOMPSAT-7 Program Office, Korea Aerospace Research Institute)
Lee, Eunjung (International Cooperation Team, Policy & Cooperation Division, Korea Aerospace Research Institute)
Publication Information
Korean Journal of Remote Sensing / v.35, no.2, 2019 , pp. 241-250 More about this Journal
Abstract
The current U.S. remote sensing act was made in 1992 and has been criticized for being outdated and inappropriate in view of the modern technological development. In order to enhance the American competitiveness and leadership in the world, President Trump announced Space Policy Directive (SPD) - 2 on May 24, which is designed to modernize the regulations related to commercial space activities including private remote sensing system operations. It should be noted that the regulatory reform efforts are made within broader terms of the National Security Strategy on Dec. 17, 2017, pursuing the enhancement of national security and economic prosperity as well. A legislative support in Congress has also been added to the Administration's efforts. The proposed regulatory reform on the licensing of commercial remote sensing system operations outlines the features of lessening administrative burden on applicants by simplifying the overall application process and of limiting the operations only when there is an impact upon the national security with clear and convincing evidence. But, due to a different regulatory system of each country, such a movement to expand an individual's freedom to explore and utilize outer space may result in an international dispute or a violation of international obligations, so there should be a merit in paying attention to the U.S. commercial remote sensing regulatory reform, and it is desirable to establish international norms as flexible and appropriate to the level of space technology and space industry.
Keywords
Remote sensing; Space regulatory reform; Space activity;
Citations & Related Records
Times Cited By KSCI : 1  (Citation Analysis)
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1 DOC (Department of Commerce), 2018a. Remarks by Acting Deputy Secretary of Commerce Karen Dunn Kelley at the fourth Meeting of the National Space Council, https://www.space.commerce.gov, Accessed on Dec. 3, 2018.
2 DOC (Department of Commerce), 2018b. Press release-Secretary Ross Praises President Trump's Signing of Space Policy Directive-2, http://www.parabolicarc.com/2018/05/27/secretary-ross-praises-president-trumps-signing-space-policy-directive-2/, Accessed on Jun. 5, 2018.
3 DOC (Department of Commerce), 2018c. Legislative Proposal to Establish Bureau of Space Commerce, https://www.space.commerce.gov/legislative-proposal-to-establish-bureau-of-space-commerce/, Accessed on Nov. 1, 2018.
4 DOC (Department of Commerce), 2018d. ANPRM (Advanced Notice of Proposed Rulemaking)-83 FR 30592, https://www.federalregister.gov/documents/2018/06/29/2018-14038/licensing-private-remote-sensing-space-systems, Accessed on Jul. 25, 2018.
5 Gabrynowicz, J.I., 2007. The Land Remote Sensing Laws and Policies of National Governments: A Global Survey, http://joannegabrynowicz.com/wp-content/uploads/2013/11/Gabrynowicz-RS-Law-Global-Survey-II.pdf, Accessed on Sep. 21, 2018.
6 House Bill HR 2809, 115th Congress (2017-2018), American Space Commerce Free Enterprise Act.
7 Kwon, H., J. Lee, and E. Lee, 2018. U.S. Commercial Space Regulatory Reform Policy, Journal of the Korean Society for Aeronautical & Space Sciences, 46(11): 1056-1069.   DOI
8 Land Remote Sensing Commercialization Act of 1984. Pub. L. 98-965 (1984.7.17), H.R.5156, 15 USC Ch. 68, section 4201 et seq., Repealed.
9 Land Remote Sensing Policy Act of 1992. Pub. L. 102-555 (1992.10.28), 106 Stat. 4163-4180, 51 USC 60101 et seq. (as transferred from 15 USC 5601 et seq.).
10 Liability Convention-Convention on International Liability for Damage Caused by Space Objects, adopted by the General Assembly in its resolution 2777 (XXVI), entered into force on 1 Sep. 1972, UN Treaties Series, vol. 961, no. 13810.
11 UNGA Resolution A/68/74, Recommendations on national legislation relevant to the peaceful exploration and use of outer space, Dec. 11, 2013.
12 Outer Space Treaty-Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, adopted by the General Assembly in its resolution 2222 (XXI), entered into force on 10 Oct. 1967, UN Treaties Series, vol. 610, no. 8843.
13 Senate Bill S. 3277, 115th Congress (2017-2018), Space Frontier Act of 2018.
14 Space News, 2018. NOAA Explains Restriction on SpaceX Launch Webcast, https://spacenews.com/noaa-explains-restriction-on-spacex-launch-webcast/, Accessed on May 31, 2018.
15 Spencer, R.L.Jr., 2010. International Space Law: A Basis for National Regulations, In: Jakhu R. (eds), National Regulation of Space Activities, Space Regulations Library Series, vol. 5, Springer, Dordrecht, Netherlands.
16 UNGA Resolution A/41/65, Principles Relating to Remote Sensing of the Earth from Outer Space, Dec. 3, 1986.
17 USG (United States Government), 1997. U.S. Government Orbital Debris Mitigation Standard Practices, https://orbitaldebris.jsc.nasa.gov/library/usg_od_standard_practices.pdf, Accessed on Jun. 19, 2018.
18 Vienna Convention-Vienna Convention on the Law of Treaties, adopted by the United Nations Conference on the Law of Treaties, entered into force on 27 Jan. 1980, UN Treaties Series, vol. 1155, p. 331.
19 White House, 2003. U.S. Commercial Remote Sensing Policy, https://www.nesdis.noaa.gov/CRSRA/files/Commercial%20Remote%20Sensing%20Policy%202003.pdf, Accessed on Sep. 12, 2018.
20 White House, 2017. National Security Strategy, https://www.whitehouse.gov/wp-content/uploads/2017/12/NSS-Final-12-18-2017-0905.pdf, Accessed on Dec. 19, 2017.
21 White House, 2018a. Fact Sheet-President Donald J. Trump is Unveiling an America First National Space Strategy, https://www.whitehouse.gov/briefings-statements/president-donald-j-trump-unveiling-america-first-national-space-strategy/, Accessed on Apr. 9, 2018.
22 White House, 2018b. Space Policy Directive (SPD)-2-Streamlining Regulations on Commercial Use of Space, https://www.whitehouse.gov/presidential-actions/space-policy-directive-2-streamlining-regulations-commercial-use-space/, Accessed on May 25, 2018.
23 White House, 2018c. Space Policy Directive (SPD)-3-National Space Traffic Management Policy, https://www.whitehouse.gov/presidential-actions/space-policy-directive-3-national-space-traffic-management-policy/, Accessed on Jun. 19, 2018.
24 15 CFR (Title 15, Code of Federal Regulations) part 960-Licensing of Private Remote Sensing Systems (sections 960.1-960.15).