§ 5658. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC5658]
TITLE 15--COMMERCE AND TRADE
CHAPTER 82--LAND REMOTE SENSING POLICY
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 5658. Enforcement
(a) In general
In order to ensure that unenhanced data from the Landsat system
received solely for noncommercial purposes are not used for any
commercial purpose, the Secretary (in collaboration with private sector
entities responsible for the marketing and distribution of unenhanced
data generated by the Landsat system) shall develop and implement a
system for enforcing this prohibition, in the event that unenhanced data
from the Landsat system are made available for noncommercial purposes at
a different price than such data are made available for other purposes.
(b) Authority of Secretary
Subject to subsection (d) of this section, the Secretary may impose
any of the enforcement mechanisms described in subsection (c) of this
section against a person who--
(1) receives unenhanced data from the Landsat system under this
chapter solely for noncommercial purposes (and at a different price
than the price at which such data are made available for other
purposes); and
(2) uses such data for other than noncommercial purposes.
(c) Enforcement mechanisms
Enforcement mechanisms referred to in subsection (b) of this section
may include civil penalties of not more than $10,000 (per day per
violation), denial of further unenhanced data purchasing privileges, and
any other penalties or restrictions the Secretary considers necessary to
ensure, to the greatest extent practicable, that unenhanced data
provided for noncommercial purposes are not used to unfairly compete in
the commercial market against private sector entities not eligible for
data at the cost of fulfilling user requests.
(d) Procedures and regulations
The Secretary shall issue any regulations necessary to carry out
this section and shall establish standards and procedures governing the
imposition of enforcement mechanisms under subsection (b) of this
section. The standards and procedures shall include a procedure for
potentially aggrieved parties to file formal protests with the Secretary
alleging instances where such unenhanced data has been, or is being,
used for commercial purposes in violation of the terms of receipt of
such data. The Secretary shall promptly act to investigate any such
protest, and shall report annually to the Congress on instances of such
violations.
(Pub. L. 102-555, title V, Sec. 508, Oct. 28, 1992, 106 Stat. 4179.)
