Page:United States Statutes at Large Volume 98 Part 1.djvu/501

 PUBLIC LAW 98-365—JULY 17, 1984 (3)(A) The term "nondiscriminatory basis" means without preference, bias, or any other special arrangement (except on the basis of national security concerns pursuant to section 607) regarding delivery, format, financing, or technical considerations which would favor one buyer or class of buyers over another. (B) The sale of data is made on a nondiscriminatory basis only if (i) any offer to sell or deliver data is published in advance in such manner as will ensure that the offer is equally available to all prospective buyers; (ii) the system operator has not established or changed any price, policy, procedure, or other term or condition in a manner which gives one buyer or class of buyer de facto favored access to data; (iii) the system operator does not make unenhanced data available to any purchaser on an exclusive basis; and (iv) in a case where a system operator offers volume discounts, such discounts are no greater than the demonstrable reductions in the cost of volume sales. The sale of data on a nondiscriminatory basis does not preclude the system operator from offering discounts other than volume discounts to the extent that such discounts are consistent with the provisions of this paragraph. (C) The sale of data on a nondiscriminatory basis does not require (i) that a system operator disclose names of buyers or their purchases; (ii) that a system operator maintain all, or any particular subset of, data in a working inventory; or (iii) that a system operator expend equal effort in developing all segments of a market. (4) The term "unenhanced data" means unprocessed or minimally processed signals or film products collected from civil remote-sensing space systems. Such minimal processing may include rectification of distortions, registration with respect to features of the Earth, and calibration of spectral response. Such minimal processing does not include conclusions, manipulations, or calculations derived from such signals or film products or combination of the signals or film products with other data or information. (5) The term "system operator" means a contractor under title II or title III or a license holder under title IV.

98 STAT. 453

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TITLE II—OPERATION AND DATA MARKETING OF LANDSAT SYSTEM OPERATION

SEC. 201. (a) The Secretary shall be responsible for— 15 USC 42ii. (1) the Landsat system, including the orbit, operation, and disposition of Landsats 1, 2,3,4, and 5; and (2) provision of data to foreign ground stations under the terms of agreements between the United States Government and nations that operate such ground stations which are in force on the date of commencement of the contract awarded pursuant to this title. (b) The provisions of this section shall not affect the Secretary's authority to contract for the operation of part or all of the Landsat "•' ^ system, so long as the United States Government retains— (1) ownership of such system; (2) ownership of the unenhanced data; and

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