NOAA License Letter

0419-EX-CN-2017 Text Documents

Brigham Young University

2017-11-15ELS_201208

UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE Privileged Document/Proprietary Information June 15, 2017 Dr. David G. Long Brigham Young University 459 Clyde Building Provo, UT 84602 Subject: Grant of License to Operate a Private, Space—Based, Remote Sensing System Dear Dr. Long: I am pleased to enclose a license for Brigham Young University (herein, the Licensee) to operate two remote sensing satellite systems in low—Earth orbit designated as "PIC." The license application was subject to a thorough interagency review. This license is for the PIC system and not for any other system, present or future. The operational specifications approved in the license are based on current and expected national security, foreign policy and commercial conditions. Should these conditions change over the life of the mission, the Licensee may request to have the operational specifications of the license amended pursuant to the regulations at 15 CFR § 960.7. Please keep in mind the Licensee must notify NOAA in a timely manner of any changes to information provided to NOAA and relied upon in issuing this license and provide to NOAA additional information (launch vehicle, launch location, launch date, foreign owners, foreign lenders, space segment details, grounds station details, etc.) immediately upon determination. In accordance with 15 CFR § 960.8, the Licensee must notify NOAA of any significant or substantial foreign agreements that the Licensee intends to enter into no less than 60 days prior to entering into such agreements. In accordance with 15 CFR § 960.5, the Licensee must provide a publicly—releasable summary of the licensed System within 30 days of the license issuance. The issuance of this license does not indicate a commitment by any U.S. Government agency to purchase data or products from the system. This NOAA license is not an export authorization, and does not satisfy any requirement for Licensee to obtain appropriate U.S. export authorizations. The licensee must submit a separate request to NOAA for delivery of unenhanced data to foreign national including students. The issuance of this license does not relieve the licensee of the obligation to obtain other licenses and specific written approval from the Federal Communications Commission and other appropriate United States Government agencies, pursuant to applicable statutes, regulations or contracts. xthosp,,c 34 e We *(%Q& * Nouyass®®" more Privileged Document/Proprietary Information » "ex or C

Privileged Document/Proprietary Information We encourage the Licensee to engage early with the Joint Space Operating Center (JSpOC) to exchange information and establish formalized communication channels prior to launch. This would allow the JSpOC to provide an assessment of how to support the owner/operator‘s missions and provide recommendations on how to best achieve mission success. Email: jspoce.ssasharing @us.af. mil. Please refer any questions regarding this license approval to the Director of NOAAA Commercial Remote Sensing Regulatory Affairs, Tahara D. Dawkins, at CRSRA@noaa.gov or 301 —427— 2560. Sholtb Sincerely, Stephen Volz Assistant Administrator NOAA Satellite and Information Services Enclosure cc: Glenn Tallia, OGC Privileged Document/Proprietary Information

* ig & UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL ENVIRONMENTAL SATELLITE, DATA, &uufl‘ AND INFORMATION SERVICE SILVER SPRING, MARYLAND 20910 Privileged Document/Proprietary Information August 7, 2017 Dr. David G. Long Brigham Young University 459 Clyde Building Provo, UT $4602 Subject: Data Protection Plan (DPP) Dear: Mr. Long: The Secretary of Commerce‘s statutory obligation is to insure that the national security and international obligations ofthe United States are maintained by the National Oceanic and Atmospheric Administration‘s (NOAA) for all licensed remote sensing systems. In furtherance of this obligation, under 15 CFR § 960.11(b) (13), "the license shall submit a DPP to the Assistant Administrator for review and approval. The Licensee‘s DPP shall contain the process to protect data and information throughout the life cycle of tasking, operations, processing, archiving and dissemination." NOAA is pleased to inform Brigham Young University that following a review of your DPP, dated 05—08—2017, with respect to the Passive Inspection CubeSats (PIC) system, has met our approval. Under 15 CFR § 960.11 (b) (13) (iv), the licensee is required to provide a revised DPP if the system is altered from what was originally licensed. This includes any system expansion, reconfiguration or modification. A separate DPP is further required for any proposed ground station or processing facility associated with the PIC system specified. Sincerely, Tahara D. Dawkins Director, Commercial Remote Sensing Regulatory Affairs Office Privileged Document/Proprietary Information

Privileged Document/Proprietary Information PIC June 15, 2017 ae 6 4 c wC e stt hes Nouye1S® ’{b’b{ & License to Operate a Private Remote Sensing Space System Licensee: Brigham Young University Name of System: Passive Inspection CubeSats (PIC) Type of System: Two Panchromatic Satellites Effective Date: June 15, 2017 (License) Grant of License a. The National Environmental Satellite, Data and Information Service of the National Oceanic and Atmospheric Administration (NOAA), an agency of the U.S. Department of Commerce, hereby grants Brigham Young University, (herein "the Licensee"), a License ("the License"), to operate the Licensee‘s private remote sensing space system described below at Section 3 of this License ("the System"), consistent with the terms of this License. This License‘s terms and conditions reflect, among other significant provisions, the System parameters and operating conditions approved by the Secretary of Commerce, or his or her delegate ("the Secretary"). This License is granted under the authority of Subtitle VI of the National and Commercial Space Programs Act of 2010 ("the Act"), 51 U.S.C. §§ 60101 et seq.; the regulations promulgated thereunder, 15 CFR Part 960 ("the regulations"); and the U.S. Commercial Remote Sensing Space Policy of April 25, 2003. The authorization provided by this License is limited to the remote sensing operations of the System. It does not provide authorization for the conduct of any non—remote sensing operations that are proposed to be undertaken by the System. The Licensee shall ensure that the information provided to NOAA and relied upon in issuing this License, and/or any subsequent licensing action, is current and accurate. Consistent with the time limits set forth in the regulations and this License, failure to notify NOAA in a timely manner of any changes to that information on which the determination to issue this License or a subsequent Privileged Document/Proprietary Information 1 of 15

Privileged Document/Proprietary Information PIC June 15, 2017 licensing action was or will be made may result in penalties for noncompliance being levied for each inaccuracy and/or license suspension or revocation. (See 15 CFR §§ 960.11(a), 960.13 and 960.15). In the event that factual cirecumstances surrounding the issuance of this License or any subsequent licensing action change, including but not limited to the factual representations upon which NOAA relied in the production of this document, NOAA reserves the right to reexamine and/or revoke this License or any subsequent licensing action at that time. The terms and obligations of this License shall bind the Licensee‘s affiliates, subsidiaries, assigns, heirs, and successors (whether through merger, acquisition or otherwise). This License shall not be transferred or assigned by any means, including without limitation, by operation of law or merger, by the Licensee, without the prior written consent of NOAA. 2; Term of License a. This License for operation of the System shall be valid from the effective date through the operational lifetime of the System or until the Secretary determines that the Licensee is not in compliance with: the requirements of the Act; the regulations promulgated thereunder; the terms and conditions of this License; or that the Licensee‘s activities or operation of the System are not consistent with the national security, foreign policy and the international obligations of the United States. (See 15 CFR § 960.9(a)). The Licensee shall notify the NOAA Assistant Administrator for Satellite and Information Services within seven (7) days of financial insolvency, dissolution, the demise of its System, or of its decision to discontinue system operation. Upon notification, the Assistant Administrator will terminate the License. (See 15 CFR § 960.9(b)). Privileged Document/Proprietary Information 2 of 15

Privileged Document/Proprietary Information PIC June 15, 2017 System Description _ The System is described as follows, based upon the information received in the Licensee‘s application received March 6, 2017, and subsequent information provided to NOAA. Details of the approved System configuration are included in Appendix 2. System‘s Name: Passive Inspection Cubesats (PIC) System Type: Electro—Optical Imaging Sensors Resolution: 451 meters Panchromatic (PAN) Ground Sample Distance (GSD) Location of Mission Control Center: Provo, UT Alternate Mission Control Center: TBD Location of Remote Ground Station(s): TBD Conditions and Operational Parameters of the System: a. The Licensee shall operate its System in a manner that preserves the national security and observes the foreign policy and international obligations of the United States. (See 15 CFR § 960.11(b)(1)). b. The Licensee shall maintain operational control of the System from a location within the United States at all times, including the ability to override all commands issued by any operations centers or stations, as well as safeguards to ensure the integrity of the operations of the System. (See 15 CFR § 960.11(b)(2)). c. Satellite tracking, telemetry and control (TT&C) and data transmission and storage must be encrypted, using U.S. Government approved encryption. The encryption package is listed in Appendix 2. d. NOAAA must review and approve the Licensee‘s Data Protection Plan to ensure adequate protection for all uplinks, downlinks, and data relay. e. The Licensee is authorized to operate in the PAN spectrum from 380—650 nm. Privileged Document/Proprietary Information 3 of 15

Privileged Document/Proprietary Information PIC June 15, 2017 f. The Licensee shall immediately notify NOAA of any significant operational deviation or proposed deviation of the System which would violate the conditions of the License. This includes notification of any tests of downlinking data to prospective ground stations not authorized as being part of the System by the terms of this license. In the case of such testing, the Licensee shall notify NOAA, in writing, at least 14 days prior to its commencement (See, 15 CFR § 960.11(b)(11)). g. Non—Earth Imaging (NET) principles: i. The Licensee may not image NEI unless it complies with the conditions in 4.h and 4.1. NEI remote sensing operations consist of two categories: (1) imaging of non—man—made, naturally occurring phenomena and celestial bodies, including the moon, stars, etc., not including the Earth, referred to herein as "naturally—occurring phenomena," and (2) imaging of artificial resident space objects (ARSO) in Earth orbit, including man—made satellites, etc., which may occur either with or without the consent of the ARSO owner and operator. ii. For purposes of license conditions 4.h, and 4.1, "resolved" refers to an image of an object in which the object fills more than 3 x 3 pixels of the imager‘s focal plane in two orthogonal axes simultaneously. h. Imaging of naturally occurring phenomena: i. The Licensee may image at any resolution, and may disseminate images of, naturally occurring phenomena. ii. Regardless of the Licensee‘s intent, incidental imaging of ARSO, coincident with imaging natural occurring phenomena and celestial bodies, must be conducted in accordance with license condition 4.1. i. Imaging of ARSO: i. The Licensee may image ARSO in the electromagnetic spectrum from 380—650 nm. The Licensee may not image ARSO outside of this spectrum. ii. The Licensee may image ARSO with or without consent, but the Licensee must comply with the below license conditions corresponding to whether or not consent exists. 111. Consenting imaging operations of ARSO: 1. If the Licensee obtains written consent from the owner and operator to image ARSO, the Licensee may resolve such imagery and may use it to any extent permitted by the consent. a. Written consent from the owner and operator must also include confirmation that the owner and operator have Privileged Document/Proprietary Information 4 of 15

Privileged Document/Proprietary Information PIC June 15, 2017 obtained any necessary permission(s) for imaging from all applicable manufacturer(s), regulatory authority or authorities, and foreign entities with an interest in the ARSO. 2. At least 90 days prior to conducting consenting ARSO imaging, the Licensee shall provide notice to NOAA for that imaging. The notice shall include: an identification of the target ARSO to be imaged, a record of all consents obtained, the orbital location of the ARSO, proposed orbital maneuver plan, dates of the ARSO imaging, and the imager‘s distance from the imaged object. 3. If NOAA places conditions on the ARSO imaging, the Licensee shall comply with such conditions. 4. The Licensee shall delete all ARSO image content that is not part of the target resolved ARSO. iv. Non—consenting imaging operations of ARSO: 1. Absent written consent, the Licensee may image ARSO only to obtain unresolved imagery. 2. Non—consenting imaging operations shall not be attempted at a resolution better than 0.5 meters. 3. All intentionally or unintentionally gathered non—consenting ARSO imagery shall be encrypted at all times to the standards provided in Appendix 2. The Licensee shall purge the following imagery upon its discovery: all non—consenting resolved ARSO, and all non— consenting ARSO images at a resolution better than 0.5 meters. The Licensee may downgrade a resolved image to an unresolved image and retain it. The Licensee may disseminate non—consenting unresolved ARSO images subject to the limitations in conditions 4.i.iv.7 and 4.i.iv.8. Prior to dissemination, Licensees must correlate the tracking data of any unresolved ARSO imagery with the USG—approved space tracking catalog found at space—track.org Licensees shall maintain records of these correlations and submit to NOAA upon request. Licensees may disseminate unresolved imagery of ARSO after removing meta—data such as time, position and attitude of the sensor. Should the Licensee desire to release imagery that it is unable to correlate pursuant to subparagraph 7 above, the Licensee shall submit to NOAA the uncorrelated imagery proposed to be disseminated for correlation and determination of releasability. The Privileged Document/Proprietary Information 5 of 15

Privileged Document/Proprietary Information PIC June 15, 2017 Licensee must purge from servers and storage devices any imagery that NOAA determines is non—releasable. Limitations on Data Collection and/or Dissemination During Periods of Crisis a. The Licensee may be required by the Secretary of Commerce, after consultations with the Secretary of Defense or the Secretary of State, to limit data collection and/or distribution by the System as determined to be necessary to meet significant national security or significant foreign policy concerns or international obligations of the United States. NOAA will promptly notify the Licensee when such limitations may be required and the duration of the restricted period(s). (See 15 CFR § 960.11(b)(4)). b. The Licensee shall, on request, provide unenhanced restricted images collected by the System on a commercial basis exclusively to the U.S. Government, using U.S. Government—approved rekeyable encryption on the downlink. c. The Licensee shall use a data downlink format that allows the U.S. Government access to and use of these data during such restricted periods as set forth in Section 5 (a) of this License. This access will be documented in the NOAA— approved Data Protection Plan. Imaging Restrictions regarding the State of Israel Imposed by the 1997 Defense Authorization Act, Pub. L. 104—201, Div. A, Title X, Section 1064 The Licensee shall not operate the System in such a manner as to disseminate images of the State of Israel at a resolution more detailed and precise than the current level of precision of satellite imagery readily and consistently available from non—U.S. commercial sources. "Israel" includes the State of Israel and those territories occupied by Israel in June, 1967 (the Gaza Strip, the Golan Heights, and the West Bank). NOAA will advise the Licensee regarding: (1) changes to the current level of precision of satellite imagery for the State of Israel, and (2) changes in the status of Israeli—occupied territories, if any. (See 51 U.S.C. § 60121 note.) Significant or Substantial Foreign Agreements The Licensee shall notify NOAA of any significant or substantial agreement ("the agreement") the Licensee intends to enter with a foreign nation, entity, or consortium, at least 60 days before concluding such an agreement. The Licensee may not execute the agreement until NOAA has approved it in writing. (See 15 CFR §§ 960.8 and 960.11(b)(5)). Privileged Document/Proprietary Information 6 of 15

Privileged Document/Proprietary Information PIC June 15, 2017 Provision of Data to Sensed States Subject to the terms and conditions of this License, the Licensee shall 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 commercially available and on reasonable commercial terms and conditions. Upon receiving an unenhanced data request from a government seeking to— exercise its rights as a "sensed state" as defined within the Act, the Licensee shall consult with NOAA. (See 15 CFR § 960.11(b)(10)). Provision of Data to the National Archive a. Subject to the terms and conditions of this License, the Licensee shall make available unenhanced land data collected by the System requested by the Department of the Interior on reasonable cost and conditions as agreed by the Licensee and the Department of Interior. After the expiration of any exclusive right to sell, or after a reasonable period of time, as agreed with the Licensee, the Department of Interior shall make these data available to the public at the cost of fulfilling user requests, except for data which under this license may be approved for release only to the U.S. Government or U.S. Government—approved users. (See 15 CFR § 960.11(b)(8)). Before purging any land data collected by the System in the Licensee‘s possession, the Licensee shall offer such data to the National Satellite Land Remote Sensing Data Archive at the cost of reproduction and transmission. Except for data which under this license may be approved for release only to the U.S. Government or U.S. Government—approved users, the Department of Interior shall make these data available immediately to the public at the cost of fulfilling user requests. (See 15 CFR § 960.11(b)(9)). The Licensee shall provide to NOAA upon request, a complete list of all archived, unenhanced land data which has been collected by its System which is not already maintained in a public catalog. Any information on this list which is deemed proprietary by the Licensee should be so noted by the Licensee when the list is provided. (See 15 CFR § 960.11(b)(7)). Privileged Document/Proprietary Information 7 of 15

Privileged Document/Proprietary Information PIC June 15, 2017 10. Monitoring and Compliance Requirements a. The Licensee shall comply with all monitoring and compliance requirements established by NOAA. These requirements are contained in Appendix 1. (See 15 CFR § 960.11(b)(3)). The Licensee shall allow NOAA access, at all reasonable times, to all facilities which comprise the System for the purpose of conducting License Monitoring and Compliance audits and inspections. NOAA shall conduct all such enforcement activities as are necessary and authorized to ensure the Licensee‘s compliance with the conditions of this License, the Act, and the regulations promulgated thereunder. (See 15 CFR §§ 960.11(b)(3) and 960.14). 11. Disposal of Licensee‘s System Consistent with the Act, the Licensee shall perform all actions necessary to place the spacecraft in a safe configuration for deorbit. Prior to de—orbiting the spacecraft, all stored energy sources on board the satellite will be discharged. The Licensee will deorbit the spacecraft by means of an uncontrolled atmospheric re—entry. Satellite lifetime shall be no longer than 25 years after mission completion. No debris from the satellite is expected to reach the Earth‘s surface. (See 15 CFR § 960.11(b)(12)). 12. Amendments to Licenses a. Prior to undertaking any of the actions identified in 15 CFR § 960.7(a), the Licensee must promptly file all relevant information with NOAA. Applications for an amendment to an existing License shall be filed at the same address at which the License application was filed, unless otherwise explicitly designated by NOAA. (See 15 CFR §§ 960.7(b) and 960.7(f)(1)). Privileged Document/Proprietary Information 8 of 15

Privileged Document/Proprietary Information PIC June 15, 2017 13. Requirements for Additional Licenses and/or Other Governmental Approval a. The issuance of a License does not relieve the Licensee of the obligation to obtain other Licenses and specific written approval from other appropriate U.S. Government agencies, pursuant to applicable statutes, regulations, or contracts. Such Licenses or written approval may include Licenses for the employment of foreign nationals at any facility involved in the implementation of this License, and for the use of any intellectual property. Licensed operations are subject to all applicable U.S. law including, but not limited to, any statutory restrictions or sanctions on trade. Once the satellite is launched into orbit, the Licensee is required to register the payload with the U.S. Department of State Bureau of Oceans and International Environmental and Scientific Affairs, Office of Space and Advanced Technology which maintains the U.S. national registry of space objects pursuant to the Convention of the Registration of Objects Launched into Outer Space. Privileged Document/Proprietary Information 9 of 15

Privileged Document/Proprietary Information PIC IN WITNESS THEREOF, I hereby grant this License: Sedrec—\M2 June 15, 2017 Stephen Volz Assistant Administrator NOAA Satellite and Information Services Appendices Appendix 1: Monitoring and Compliance Requirements Appendix 2: Operational and Technical Information Appendix 3: Corporate Information Appendix 4: Administrative Actions Privileged Document/Proprietary Information 10 of 15

Privileged Document/Proprietary Information PIC June 15, 2017 Appendix 1 Monitoring and Compliance Requirements Annual Compliance Audit An on—site audit shall be conducted by the NOAA Commercial Remote Sensing Regulatory Affairs Monitoring and Compliance Activity at least annually, following the issuance of a license, to confirm the licensee‘s compliance with the national security, foreign policy, and international obligations of the United States and compliance with all other license conditions. Pre—Launch Requirements No Later Than Twelve Months Prior to Launch a. Submit operations plan for agency approval describing how licensee will comply with data collection restrictions, operational limitations, or any data protection plans, as required. b. Submit operations plan for restricting collection and/or dissemination of imagery of Israeli territory to that which is no more detailed or precise than what will be available from non—U.S. commercial sources during the time of the licensee‘s planned operations. No Later Than Six Months Prior To Launch a. Submit a data flow diagram that graphically represents the data flow from the sensor to the final product delivery locations. b. Submit satellite sub—systems drawing showing the various sub—system locations on the satellite. 6. Submit a final imaging system specification document for each sensor. This must be coordinated with the imaging system contractor. d. Verify all data protection plans for accuracy and submit updated plans to NOAA. No Later Than 30 Days Prior To Launch a. Coordinate close out photo session. b. Coordinate on—site inspections of CONUS and overseas locations. c. Coordinate final documentation review and close any outstanding actions with NOAA. Spacecraft is Operational Prepare for NOAA‘s site visit to review and confirm operational baseline. Quarterly Reporting Initiate quarterly reporting to NOAA. Privileged Document/Proprietary Information 11 of 15

Privileged Document/Proprietary Information PIC June 15, 2017 5. Annual Operational Audit and Record Keeping In addition to the information required for the Annual Compliance Audit, all records and data from the previous twelve months pertaining to the following will be maintained by the licensee: Spacecraft telemetry; imaging sensor tasking and associated metadata to include date/time of collection, image number, imager used, image corner points in latitude/longitude, inertial position (x, y, z), scan duration, azimuth; Imagery data purges and purge alerts provided to the National Satellite Land Remote Sensing Data Archive (the National Archive). Note: Guidance on reporting formats and other specific audit requirements will be provided under separate cover by NOAA‘s Commercial Remote Sensing Regulatory Affairs Monitoring and Compliance Activity. Privileged Document/Proprietary Information 12 of 15

Privileged Document/Proprietary Information PIC June 15, 2017 Appendix 2 Operational and Technical Information Orbital Parameters Launch Date: NET December 2017 Launch Site: Majave Air and Space Port, California Altitude: 500 km Inclination: 90 degrees Period: 94.5 mins Space Segment System: 6 PAN cameras per satellite Uplinks: 459 MHz Downlinks: 903.6 MHZ Encryption: AES 256 Ground Segment: See Attachment 1 Privileged Document/Proprietary Information 13 of 15

Privileged Document/Proprietary Information PIC June 15, 2017 Appendix 3 Corporate Information Licensee: Brigham Young University 270 Clyde Building Provo, UT 84602 POC: Dr. David G. Long 459 Clyde Building Provo, UT 84602 United States Citizenship Ten Percent or Greater Domestic Ownership: N/A Joint Venture Members: None Wholly—owned Subsidiaries: None Affiliates: None Partners: None Foreign Ownership with Interest Equal to or Greater than 5 Percent: None Directors, Partners, Executive Personnel or Senior Management Who Hold Positions with or Serve as Consultants for Any Foreign Nation or Person: None Each Foreign Lender and Amount of Debt Where Foreign Indebtedness Exceeds 25 Percent of an Applicants Total Indebtedness: None Privileged Document/Proprietary Information 14 of 15

Privileged Document/Proprietary Information PIC June 15, 2017 Appendix 4 Administrative Actions Date Description of Administrative Action Taken 1. 06/15/17 Issuance of the License Privileged Document/Proprietary Information 15 of 15

Privileged Document/Proprietary Information June 15, 2017 so < F4 * & % e & $ $ 5 ho C ~ Pmaeny of C Attachment 1 Ground Station List The Ground Stations are approved for use by the Brigham Young University satellites are: Mission Control Center: Provo, UT Alternate Mission Control Center: TBD Remote Ground Stations: TBD NOAA must approve any Ground Station not listed above prior to the commencement of operations.


Document Created: 2019-02-16 01:03:54
Document Modified: 2019-02-16 01:03:54
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