Page:United States Statutes at Large Volume 106 Part 5.djvu/535

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PUBLIC LAW 102-555—OCT. 28, 1992 106 STAT. 4173 in violation of such licenses or regulations constituting a separate violation); (4) compromise, modify, or remit any such civil penalty; (5) issue subpoenas for any materials, documents, or records, or for the attendance and testimony of witnesses for the purpose of conducting a hearing under this section; (6) seize any object, record, or report pursuant to a warrant from a magistrate based on a showing of probable cause to believe that such object, record, or report was used, is being used, or is likely to be used in violation of this Act or the requirements of a license or regulation issued thereunder; and (7) make investigations and inquiries and administer to or take from any person an oath, affirmation, or affidavit concerning any matter relating to the enforcement of this Act. (b) IteviEW OF AGENCY ACTION.—Any applicant or licensee who makes a timely request for review of an adverse action pursuant to subsection (a)(D, (a)(3), (a)(5), or (a)(6) shall be entitled to abjudication by the Secretary on the record after an opportunity for any agency hearing ¥dth respect to such adverse action. Any final action by the Secretary under this subsection shall be subject to judicial review under chapter 7 of title 5, United States Code. SEC. 204. REGULATORY AUTHORITY OF THE SECRETARY. 15 USC 5624. The Secretary may issue regulations to carry out this title. Such regulations shall be promulgated only after public notice and comment in accordance with the provisions of section 553 of title 5, United States Code. SEC. 206. AGENCY ACTIVITIES. 15 USC 5625. (a) LICENSE APPLICATION AND ISSUANCE. —A private sector party may apply for a license to operate a private remote sensing space system which utilizes, on a space-available basis, a civilian United States Government satellite or vehicle as a platform for such system. The Secretary, pursuant to this title, may license such system ifit meets all conditions of this title and— (1) the system operator agrees to reimburse the Government in a timely manner for all related costs incurred with respect to such utilization, including a reasonable and proportionate share of fixed, platform, data transmission, and launch costs; and (2) such utilization would not interfere with or otherwise compromise intended civilian Government missions, as determined by the agency responsible for such civilian platform. (b) ASSISTANCE. —The Secretary may offer assistance to private sector parties in finding appropriate opportunities for such utilization. (c) AGREEMENTS.—To the extent provided in advance by appropriation Acts, any United States Government agency may enter mto agreements for such utilization if such agreements are consistent with such agency's mission and statutory authority, and if such remote sensing space system is Ucensed by the Secretary before commencing operation. (d) APPLICABILITY. — This section does not apply to activities carried out under title III. (e) EFFECT ON FCC AUTHORITY.— Nothing in this title shall affect the authority of the Federal Communications Commission pursuant to the Communications Act of 1934 (47 U.S.C. 151 et seq.).