System Use Agreement
Statement adopted on July 8,1998 at the 32nd Operations Committee Meeting.
POLICIES AND PROCEDURES CONCERNING USE OF THE ARGOS DATA COLLECTION SYSTEM
Purpose.
This statement sets forth the procedural, informational and technical requirements for use of the Argos Data Collection Systems (Argos DCS). In addition, it establishes the criteria the Operations Committee will employ when making determinations as to whether to authorize the use of the Argos DCS. In those instances where space-based commercial systems do not meet users' requirements, the intent is to not disadvantage the development of the commercial space-based services in this sector. Obtaining a system use agreement to operate data collection platforms pursuant to these regulations does not affect radio frequency related licensing requirements of other agencies.
Scope.
(a) This policy applies to any person who operates or proposes to operate data collection platforms to be used with the Argos DCS either directly or through an affiliate or subsidiary.
b) These regulations apply to all existing Argos DCS users as well as all future agreements for use of the Argos DCS..
Definitions.
For purposes of this policy:
(a) Approving authority means the Argos Participating Agencies, via the Argos Operations Committee.
(b) Argos DCS means the system which collects data from fixed and moving platforms and provides platform location data. This system consists of platforms, the Argos French instrument on the Polar-orbiting Operational Environmental Satellites (POES) (and planned to fly aboard the ADEOS II Japanese spacecraft and the EUMETSAT METOP spacecraft); a ground processing system; and telemetry ground stations.
(c) Argos participating agencies means those agencies that participate in the management of the Argos DCS; currently this includes NOAA and CNES, but it will also include the National Space Development Agency (NASDA) of Japan and the European Organization for the Exploitation of Meteorological Satellites (EUMETSAT) once the Argos instruments commence operations from their satellites systems.
(d) Environmental data means environmental measurement and environmental protection data.
(e) Environmental measurement data means data that relate to the characteristics of the Earth and its natural phenomena by helping to better understand, evaluate, or monitor its natural resources.
(f) Environmental protection data means data that relate to the characteristics of the Earth and its environment (including its ecosystems and the species which inhabit them) by helping to protect against any unreasonable adverse effects thereto.
(g) Environmental Use means the use of the Argos DCS for the collection of environmental data.
(h) Episodic use means the use of the Argos DCS for short events where there is a significant possibility of loss of life, such as for Arctic expeditions or scientific campaigns into remote areas.
(i) Government interest means that the use is determined in advance to be of interest to one or more governmental entities of the United States, France or, once they have become an Argos Participating Agency, Japan or a EUMETSAT member state.
(j) Government user means agencies of international governmental organizations, national government or any subdivision thereof, or any of those agencies' contractors or grantees, so long as the contractor is using the data collected by the Argos DCS to fulfill its contractual obligations to the government agency or in the case of a grantee that these data are being used in accordance with the statement of work for the award.
(k) Non-profit user means a not-for-profit academic, research, or other non-governmental organization, which is using these data, for education and/or scientific, non-commercial purposes.
(l) Operational use means the use of data in a situation where the utility of the data are significantly reduced if not collected or delivered in a specific time window. This includes situations where extensive preparation work is in place and a delay in acquisition of data would jeopardize the project.
(m) Operator means the Argos Operation Committee members elected to represent participating agencies for Argos users.
(n) Platform compatibility means the compatibility of the platform with the space segment of the system, and includes elements such as message length and composition, signal strength, and transmission protocol (e.g., continuous versus event driven) .
(o) Testing use means the use of the Argos DCS by manufacturers of platforms for use in conjunction with the Argos DCS, for the limited purpose of testing and
certifying the compatibility of new platforms with the technical requirements of the Argos DCS .
(p) User means the entity and/or organization which owns or operates user platforms for the purpose of collecting and transmitting data through the Argos DCS.
(q) User platform means devices, designed in accordance with the specifications delineated and approved by the Approving Authority, used for the in-situ collection and subsequent transmission of data via the Argos DCS. Those devices which are used in conjunction with the Argos DCS are referred to as Platform Transmitter Terminals (PTT). (r) User requirement means the requirement expressed and explained in the System Use Agreement.
Use of the Argos Data Collection System.
(a) Use of the Argos DCS will only be authorized in accordance with the conditions and requirements set forth in paragraphs (b), (c), and (d) of this section.
(b)(1) Use of the Argos DCS will only be authorized where it is determined that there are no commercial space-based services available that meet the user's requirements.
(2) A determination under (b)(1), above, must be based on such factors as satellite coverage, accuracy, data throughput, platform power consumption, size and weight, service continuity and reliability, platform compatibility, system access mode, and, in the case of government agencies, cost-effectiveness.
(c) (1) Except as provided in paragraphs (2), (3), (4), and (5) of this section, Argos DCS shall only be used for the collection of environmental data by governmental and/or non-profit users.
(2) Non-governmental, environmental use of the Argos DCS is only authorized where there is a Government interest in the collection and/or receipt of the data.
(3) Except as provided in paragraph (c)(4) of this section, non-environmental use of the Argos DCS is only authorized for government use and non-profit users where there is a government interest. Non-environmental use of the system shall not exceed five percent of the system's total use.
(4) Episodic use of the Argos DCS may also be authorized in specific instances when there is a significant possibility for loss of life. Such use shall be closely monitored.
(5) Testing use of the Argos DCS will only be authorized for manufacturers of Argos DCS platforms, that require access to the system in order to test and certify prototype and production models.
(d) In the event that Argos DCS capacity limitations require that priority determinations be made, priority will be given to those platforms that provide environmental data of broad international interest, especially of an operational nature, and to those requiring the unique capabilities of the Argos DCS, such as platform location or polar coverage.
Argos Data Collection Systems Use Agreements.
(a) In order to use the Argos DCS, each user must have an agreement with the approving authority for that system.
(b) These agreements will address, but may not be limited to, the following matters:
(1) The period of time the agreement is valid and procedures for its termination,
(2) The authorized use(s), and its priorities for use,
(3) The extent of the availability of commercial space-based services which meet the user's requirements and the reasons for necessitating the use of the Argos DCS,
(4) Any applicable government interest in the data,
(5) Required equipment standards,
(6) Standards of operation,
(7) Conformance with applicable ITU and national agency radio frequency agreements and regulations,
(8) Reporting time and frequencies,
(9) Data formats,
(10) Data delivery systems and schedules, and
(11) User-borne costs.
(c) The Approving Authority shall evaluate user requests and conclude agreements for use of the Argos DCS.
(d)(1) Agreements for the collection, via the Argos DCS, of environmental data by government agencies or non-profit institutions shall be valid for 3 years from the date of initial in-situ deployment of the platforms, and may be renewed for additional 3-year periods.
(2) Agreements for the collection of environmental data, via the Argos DCS, by non-government users shall be valid for 1 year from the date of initial in-situ deployment of the platforms, and may be renewed for additional 1-year periods, but only for so long as there exists a governmental interest in the receipt of these data.
(3) Agreements for the collection of non-environmental data, via the Argos DCS, by government agencies, or non-profit institutions where there is a government interest, shall be valid for 1 year from the date of initial in-situ deployment of the platforms, and may be renewed for additional 1-year periods.
(4) Agreements for the episodic collection of non-environmental data, via the Argos DCS, shall be of short, finite duration not to exceed 1 year without exception, and usually shall not exceed 6 months. These agreements shall be closely monitored and shall not be renewed.
(5) Agreements for the testing use of the Argos DCS by equipment manufacturers shall be valid for 1 year from the date of initial testing, and may be renewed for additional 1-year periods.
Treatment of Data.
(a) All Argos DCS users must agree to permit Argos Participating Agencies, and their governments' agencies the full, open and timely use of all data collected from their platforms; this may include the international distribution of environmental data under the auspices of the World Meteorological Organization. Any proprietary data will be protected in accordance with applicable laws.
Technical Requirements.
(a) All platform operators of the Argos DCS must use a data collection platform radio set whose technical and design characteristics are certified to conform to applicable specifications and regulations.
(b) All platform operators are responsible for all costs associated with the procurement and operation of the platforms, and for the acquisition of data from those platforms, either directly from the satellite or from the applicable data processing center.