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NOAA Commercial Space Policy

January 2016

Prepared by:

U.S. Department of Commerce (DOC)

National Oceanic and Atmospheric Administration (NOAA)
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Contents

CONTEXT, PURPOSE AND SCOPE

Context

Purpose and Scope

National Space Policy

GUIDING PRINCIPLES

NOAA POLICY for COMMERCIAL SPACE ACTIVITIES

Implementation Considerations

RESPONSIBILITIES

APPENDIX A: Applicable Documents

APPENDIX B: Laws, Orders and Policies Applicable to Full, Open and Timely data

APPENDIX C: Applicable Statutes
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CONTEXT, PURPOSE AND SCOPE

Context

The National Oceanic and Atmospheric Administration (NOAA) is a science-based services agency 

charged with understanding and predicting changes in earth systems in order to provide critical 

environmental intelligence to the American public, decision makers, and our partners. NOAA’s 

environmental intelligence depends on observations obtained via a variety of systems, including satellites, 

ships, ground, and in situ networks. This policy focuses on space-based observations.

In order to respond to an ever-growing demand for environmental information, NOAA continually strives 

for an observing enterprise that is flexible, responsive to evolving technologies, and economically 

sustainable, while supporting and upholding the international data sharing commitments upon which 

NOAA depends for global data and data products. 

NOAA’s environmental intelligence depends critically on reliable, timely access to global environmental 

measurements from satellites and other sources. The abundance of measurements needed to produce 

useful forecast products highlights that no single nation, nor any other entity, can produce them all 

independently. As a result, an international data exchange regime exists, in which all nations share 

essential Earth observations as global public goods, on a full and open basis. This arrangement, which is 

the linchpin of weather, water, and climate forecasting around the world, provides the United States with 

three times more environmental data than we contribute. 

Rapid change in the commercial space services arena over the past several years is now yielding new 

technical and business approaches not only to building, launching, and operating satellites but also to 

selling private satellite capabilities as services. NOAA is interested in exploring these new business 

models to understand how they might complement the current public and international data supply 

arrangements. The changing landscape is ripe with new opportunities and NOAA looks forward to 

learning more alongside the commercial sector in a policy process that will iterate along with the dynamic 

landscape. This document lays out the guidelines and policies by which NOAA will engage with these 

new prospects, most significantly that we must manage change in ways that ensure there is no degradation 

of weather and warning services to the Nation.

Through this policy, and in accordance with applicable laws and policies (see Appendix B), NOAA will 

continually seek optimal solutions to address its needs to measure key environmental phenomena. With 

all of these considerations in mind, this policy establishes the broad principles for the use of commercial 

space-based approaches for NOAA’s observational requirements.

Purpose and Scope

NOAA seeks to leverage commercial space capabilities to capitalize on available extramural expertise, to 

improve weather forecasting, diversify NOAA’s portfolio of data collection capabilities, to promote U.S. 

space commerce and the industrial base, and to pursue enhancements in mission areas, program 

schedules, and costs.
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This policy applies to NOAA’s interaction with the commercial sector in the following areas:

1. Data Buys - An arrangement for the purchase of data or data products from a space-based 

remote sensing system or space-based remote sensing service provider.

2. Hosted Payloads - The use of available capacity on a satellite to accommodate an additional 

payload. 

3. Rideshares - A shared orbital space launch of a hosted payload, a secondary payload, or a comanifested mission on a single launch vehicle. 

4. Launch Services - Services that deliver assets to the desired orbit in space. 

This policy does not apply to the design, building, or operation of government-owned spacecraft, 

NOAA’s licensing of space-based private remote sensing systems, or to data transfer services, such as 

from ground stations to communications satellites solely for dissemination purposes.

National Space Policy

On June 28, 2010, President Obama issued a National Space Policy (NSP; see Appendix A.2) directive 

providing comprehensive guidance for all government activities in space, including the commercial, civil, 

and national security space sectors. The NSP calls on the U.S. Government to use commercial space 

products and services in fulfilling governmental needs and to use a broad array of partnerships with 

industry to promote innovation. The NSP defines the term commercial as: 

“...space goods, services, or activities provided by private sector enterprises that bear a 

reasonable portion of the investment risk and responsibility for the activity, operate in 

accordance with typical market-based incentives for controlling cost and optimizing 

return on investment, and have the legal capacity to offer these goods or services to 

existing or potential nongovernmental customers.”

The NSP is the foundational document for NOAA’s Commercial Space Policy. The NSP guidelines 

outline items similar to the following:

1. Actively explore the use of inventive, non-traditional arrangements for acquiring commercial 

space goods and services, such as public-private partnerships, commercially hosted U.S. 

Government capabilities, and commercial data and data product purchases.

2. Pursue opportunities to transfer routine, operational space functions to the commercial space 

sector where beneficial and cost-effective, except where the government has legal, security, or 

safety needs that would preclude commercialization.

3. Encourage the purchase and use of U.S. commercial space services and capabilities in 

international cooperative arrangements.

4. Develop governmental space systems only when it is in the national interest and there is no 

suitable, cost-effective commercial service or system that is or will be available.

5. Refrain from conducting U.S. Government space activities that preclude, discourage, or compete 

with U.S. commercial space activities, unless required by national security or public safety.

Additionally, the NSP directs the Secretary of Commerce, through the NOAA Administrator, and in 

coordination with the NASA Administrator and other appropriate departments and agencies, in support of 

operational requirements, to:
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1. Use international partnerships to help sustain and enhance weather, climate, ocean, and coastal 

observations from space; and

2. Be responsible for the requirements, funding, acquisition, and operation of civil operational 

environmental satellites in support of weather forecasting, climate monitoring, ocean and coastal 

observations, and space weather forecasting. NOAA will primarily utilize NASA as the 

acquisition agent for operational environmental satellites for these activities and programs.

The 2013 National Space Transportation Policy (see Appendix A.3) provides further direction that 

“[d]epartments and agencies shall explore the use of hosted payload arrangements, secondary payload 

launches, and other ride-sharing opportunities when planning space-based missions.” 

Consistent with the goals and objectives of the NSP, NOAA is actively investigating and analyzing new 

modes of partnerships, including commercial business models and alternative enterprise architectures (see 

Appendix A.4, A.5). 
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GUIDING PRINCIPLES

NOAA will continue to be guided by the following principles when implementing this policy: 

 

1. Sustain service quality

Protect the standard of NOAA services by requiring data of value to forecasts and services, cost 

effectiveness for the value of the data, and the ability for NOAA to exploit the data effectively.

2. Optimize mission requirements 

Meet mission requirements on time, within quality standards, and as cost effectively as possible 

through an effective and efficient mix of government assets, commercial services, and domestic 

and international partnerships.

3. Ensure access to global observations

 Maintain NOAA’s capability to collect or obtain the full set of global observations needed to 

generate accurate forecasts, warnings, and other services to help protect life and property and 

support the U.S. economy.

4. Uphold national/international standards

 Abide by U.S. data sharing laws, policies, and international conventions for the full, open, and 

timely sharing of meteorological and hydro-meteorological data. 

5. Ensure a vibrant research enterprise

Sustain access by the research community (i.e. academic and not-for-profit institutions) to full, 

open, and timely data necessary for advancing environmental understanding and prediction.

6. Explore new partnerships

Seek and, where appropriate, enter into partnerships to reduce cost, foster international 

collaboration, and expand environmental data availability, in accordance with the guidelines set 

forth in the NOAA Policy on Partnerships in the Provision of Environmental Information (see 

Appendix A.11). 

NOAA POLICY for COMMERCIAL SPACE ACTIVITIES

NOAA will:

1. Seek opportunities to integrate commercial space systems or services, where appropriate, into 

approved future space segment architectures and capabilities. 

2. Explore and, where appropriate, pursue demonstration projects to validate the viability of 

assimilating commercially provided environmental data and data products into NOAA 

meteorological models and add value to the forecast.
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3. Periodically evaluate, identify, and publish NOAA mission requirements and capability gaps that 

offer appropriate opportunities for the purchase and use of commercial space capabilities and 

services.

4. Periodically solicit, identify, and evaluate commercially available space capabilities and services 

that could potentially address NOAA mission requirements. 

5. Apply the same validation, data integrity, and security criteria to commercial data and data 

products as to those obtained by other means, before entering into any binding agreement for the 

purchase and utilization of observations to support the NOAA mission.

6. Designate the Office of Space Commerce as the NOAA entry point for commercial sector 

engagement (See Responsibilities section below). 

7. Continue to work with industry to evaluate and implement business models and legal mechanisms 

that allow NOAA priorities and requirements to be met with commercial capabilities. 

Implementation Considerations

1. In pursuing commercial sector solutions, NOAA will ensure that it complies with applicable law 

and DOC/NOAA policies (see Appendix A.6, A.7, A.8, A.9).

2. For commercial space solutions involving the acquisition of data or data products, NOAA will 

follow NOAA Administrative Order 212-15 (Management of Environmental Data and 

Information, see Appendix A.10), as well as the policies and Procedural Directives established by 

the NOAA Environmental Data Management Committee (EDMC). This includes, but is not 

limited to, the development, review, and approval of a Data Management Plan in accordance with 

the NOAA Data Management Planning Procedural Directive (governed by EDMC). NOAA will 

seek to maximize the public benefit of environmental data and data products acquired through 

commercial space solutions by negotiating the least restrictive terms of use possible. 

a) NOAA will consider the impact of acquiring commercial data or data products on other 

Federal agencies, international partners, the private weather enterprise, academic and 

research communities and other stakeholders.

b) NOAA will consider the long term maintenance, access, and archival rights associated 

with commercial data.

c) NOAA will consider the cost associated with various terms of use of commercial data.

3. Recognizing that some commercial space-based data providers may desire data distribution 

restrictions in order to advance their legitimate business interests, NOAA will evaluate the use of 

space-based data and data products obtained from commercial providers as well as data sharing 

agreements on a case-by-case basis.

4. Line Office activities will be developed consistent with NOAA policy.
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RESPONSIBILITIES

Under Secretary of Commerce for Oceans and Atmosphere is responsible for:

● Providing agency-wide guidance and direction regarding implementation of the NOAA 

Commercial Space Policy 

Assistant Secretary for Environmental Observation and Prediction (AS/EOP) is responsible for:

● Providing recommendations for implementation of this policy to the Under Secretary

Deputy Under Secretary for Operations is responsible for:

● Determining if proposed commercial implementation practices appropriately meet the principles 

and guidance of this policy 

● Maintaining the NOAA Policy

NOAA Office of Space Commerce is responsible for: 

● Providing a U.S. Government-wide perspective on potential commercial space business and 

partnership arrangements

● Receiving, processing, and facilitating requests from industry to meet with NOAA corporate or 

LO leadership regarding commercial proposals

National Environmental Satellite & Data Information Service (NESDIS) is responsible for:

● Developing structures and strategies for commercial acquisitions

● Coordinating with applicable NOAA Line Offices on potential commercial options for satisfying 

NOAA space-based observational requirements

● Assessing the viability of commercial offerings (data receipt capability, feasibility)

● Conducting an analysis of alternatives to assess whether a Technology, Planning and Integration 

for Observation Program (TPIO) validated requirement can be met commercially 

● Developing optimal end-to-end implementation concepts 

● Ensuring NESDIS-implemented projects deliver timely, accurate, and reliable data and data 

products consistent with user needs

Other NOAA LOs (National Weather Service, National Ocean Service, National Marine Fisheries 

Service, Office of Marine and Aviation Operations, Office of Oceanic and Atmospheric Research) are 

responsible for:

● Establishing data and data product requirements

o Identifying requirements for space-based observational data and data products

o Working with NESDIS to investigate commercial options for satisfying these 

requirements

o Verifying the usability of specific data and data formats for operational and/or research 

needs

o Validating that commercial data and data products meet timeliness, quality, and format 

requirements and are of sufficient quantity to meet mission requirements. 

o Obtaining endorsement of validation process from the NOAA Observing Systems 

Council (NOSC)

NOSC, including the Environmental Data Management Committee is responsible for:
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● Endorsing data and data product requirement validation processes used by the LOs to identify, 

document, verify and validate data and data product requirements

● Making recommendations to the AS/EOP on whether or not to pursue commercial solutions to 

satisfy an Earth observation requirement based on TPIO analyses and other factors

NOAA Office of the General Counsel is responsible for:

● Providing legal advice and counsel regarding implementation of the NOAA Commercial Space 

Policy, as appropriate

NOAA Acquisition and Grants Office is responsible for:

● Providing business advice on acquisition strategies

● Issuing Requests for Information and Solicitations, as appropriate

● Awarding and administering contracts for identified requirements

● Ensuring compatibility of commercial agreements with Federal Acquisition Regulations and 

established Department of Commerce and NOAA business practices

NOAA International Affairs Office (IA) is responsible for:

● Coordinating with NESDIS IA and other LO IAs, as appropriate

● Assessing whether a proposed commercial solution directly affects NOAA’s ability to carry out 

existing international commitments

● Assessing, in coordination with NOAA Office of the General Counsel, compliance and 

consistency with NOAA’s policy of full and open availability of government environmental data, 

the 2010 National Space Policy, and other national data policies, laws and regulations 

● Communicating the NOAA Commercial Space Policy to international partners and to key 

international organizations, including World Meteorological Organization and Group on Earth 

Observations in the context of exercising U.S. leadership in these bodies 

NOAA Chief Information Officer is responsible for:

● Ensuring commercial products and services do not violate NOAA data and security policies

● Ensuring compatibility of commercial data and data products with existing and planned data 

architectures

NOAA Chief Financial Officer is responsible for: 

● Maintaining an awareness of NOAA’s financial plans and the impacts of potential commercial 

agreements 

● Ensuring commercial agreements are compatible with NOAA’s long term economic strategy
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APPENDIX A: Applicable Documents

● A.1 Acquisition of Space-based Scientific Data from Commercial Sources to Supplement 

NOAA’s Weather and Climate Observation Requirements, Department of Commerce Report to 

Congress, 2010 Report to Congress (P.L. 111-117)

http://www.space.commerce.gov/wp-content/uploads/2010-03-commercial-observations.pdf

● A.2 National Space Policy of the United States of America, June 28, 2010

http://www.whitehouse.gov/sites/default/files/national_space_policy_6-28-10.pdf

● A.3 National Space Transportation Policy, November 21, 2013

http://www.whitehouse.gov/sites/default/files/microsites/ostp/national_space_transportation_poli

cy_11212013.pdf

● A.4 Satellite Task Force Final Report: A Review of NOAA’s Future Satellite Program: A way 

forward, A Report from the NOAA Science Advisory Board, December 2012

http://www.sab.noaa.gov/Reports/Satellite%20Task%20Force%20Final%20Report_final.pdf

● A.5 Requests for Quotation [RFQ] A, B, C -- 2008-2009

http://www.space.commerce.gov/tag/feasibility-studies/

● A.6 Federal Acquisition Regulation (FAR), July 01, 2014

https://www.acquisition.gov/?q=browsefar

● A.7 Department of Commerce Acquisition Planning, Commerce Acquisition Manual [CAM] 

1307.1, May 

2011 http://www.osec.doc.gov/oam/acquistion_management/policy/commerce_acquisition_manu

al_cam/

● A.8 Department of Commerce Policy on Commerce Acquisition Project Management,

November 6, 

2012 http://www.osec.doc.gov/oam/documents/Interim%20Acquisition%20Policy%20Memo%20

%28signed%206%20Nov%2012%29.pdf

● A.9 Department of Commerce Scalable Acquisition Project Management Guidebook, April 08, 

2008

http://ocio.os.doc.gov/ITPolicyandPrograms/Project_Management/PROD01_006871

● A.10 NAO 212-15: Management of Environmental Data and Information, 

November 04, 2010

http://www.corporateservices.noaa.gov/ames/administrative_orders/chapter_212/212-15.html

● A.11 NOAA Policy on Partnerships in the Provision of Environmental Information,

January 19, 2006
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http://www.noaa.gov/partnershippolicy/

● A.12 National Continuity Policy, National Security Presidential Directive 51/Homeland Security 

Presidential Directive 20

http://www.fas.org/irp/offdocs/nspd/nspd-51.htm

● A.13 National Continuity Policy Implementation Plan, Homeland Security Council, August 

2007 

http://www.fema.gov/media-library-data/1384886826028-

729844d3fd23ff85d94d52186c85748f/NCPIP.pdf
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APPENDIX B: Laws, Orders, and Policies Applicable to Full, Open, and 

Timely data

NOAA level:

● NOAA Policy on Partnerships in the Provision of Environmental Information

http://www.noaa.gov/partnershippolicy/

National level:

● Paperwork Reduction Act of 1995 (P. L. 104-13)

http://www.gpo.gov/fdsys/pkg/PLAW-104publ13/content-detail.html

● National Space Policy

http://www.whitehouse.gov/sites/default/files/national_space_policy_6-28-10.pdf

● National Strategy for Civil Earth Observations, April 19, 2013. 

https://www.whitehouse.gov/sites/default/files/microsites/ostp/nstc_2013_earthobsstrategy.pdf

● National Plan for Civil Observations

http://www.whitehouse.gov/sites/default/files/microsites/ostp/NSTC/national_plan_for_civil_eart

h_observations_-_july_2014.pdf

● White House Memorandum on Increasing Access to the Results of Federally Funded Scientific 

Research, February 22, 2013.

http://www.whitehouse.gov/sites/default/files/microsites/ostp/ostp_public_access_memo_2013.p

df

● White House Memorandum on Open Data Policy—Managing Information, May 09, 2013

http://www.whitehouse.gov/sites/default/files/omb/memoranda/2013/m-13-13.pdf

● Executive Order: Making Open and Machine Readable the New Default for Government 

Information, May 09, 2013.

http://cdn.govexec.com/media/gbc/docs/pdfs_edit/050913jm1.pdf

● Office of Management and Budget Circular No. A-130, Revised November 28, 2000

http://www.whitehouse.gov/omb/circulars_a130_a130trans4/

International level:

● World Meteorological Organization Resolution 40, June 1995

http://www.wmo.int/pages/about/Resolution40_en.html

● Group on Earth Observations Data Sharing Action Plan, November 2010

http://www.earthobservations.org/documents/geo_vii/07_GEOSS%20Data%20Sharing%20Action%20Pl

an%20Rev2.pdf
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APPENDIX C: Applicable Statutes

● 51 U.S.C §50503. Anchor tenancy and termination liability

http://www.gpo.gov/fdsys/pkg/USCODE-2011-title51/html/USCODE-2011-title51-subtitleVchap505-sec50503.htm

● 51 U.S.C Subchapter VI – Prohibition of Commercialization of Weather Satellites

o §60161. Prohibition

http://www.gpo.gov/fdsys/pkg/USCODE-2011-title51/html/USCODE-2011-title51-

subtitleVI-chap601-subchapVI-sec60161.htm

o §60162. Future considerations

http://www.gpo.gov/fdsys/pkg/USCODE-2011-title51/html/USCODE-2011-title51-

subtitleVI-chap601-subchapVI-sec60162.htm