Jul-1-93 (EXTENSIONS OF REMARKS) INTRODUCTION OF LEGISLATION REGARDING BILLBOARDS IN SPACE Note: This document is the unofficial version of the Congressional Record. The printed Congressional Record produced by the Government Printing Office is the only official version PART CONGRESSIONAL RECORD (EXTENSIONS OF REMARKS) DATE July 1, 1993 PAGE PAGE E1732 TITLE INTRODUCTION OF LEGISLATION REGARDING BILLBOARDS IN SPACE -------------------- TEXT HON. EDWARD J. MARKEY OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES THURSDAY, JULY 1, 1993 Mr. MARKEY. Mr. Speaker, I rise today to introduce a bipartisan piece of legislation, the Space Advertising Prohibition Act of 1993. What will our world be like if Space Marketing, Inc., the Georgia-based company seeking to launch mile-long billboards made from mylar sheets into low Earth orbit, has its way? Children will learn a new nursery rhyme: `hey diddle diddle, the cat and the fiddle, the cow jumped over the mylar.` They will make a wish upon a falling billboard.` Carl Sagan might even be heard referring to those `billions and billions of billboards in space.` And while Bartlett`s Book of Quotations lists 144 quotes about `the moon` and 235 quotes about `the stars,` there is not one about `billboards.` In fact, the only quote ever inspired by a billboard was by Ogden Nash and it is worth thinking about: `I think I shall never see, a billboard lovely as a tree. Indeed, unless the billboards fall, I`ll never see a tree at all.` If allowed to happen, this scheme will send square mile-size mylar billboards into low Earth orbit so that every sunrise and sunset would beam down the logo of Coke or G.M. or the Marlboro man, turning our morning and evening skies, often a source of inspiration and comfort, into the moral equivalent of the side of a bus. PAGE PAGE E1732 We might stand in this Chamber today and laugh about the notion of enormous billboards floating above the horizon or convince ourselves that it just couldn`t happen. But if left unchecked it just might happen. Would companies pay $1 million a day for a single billboard? Already today they might spend half that on a single TV ad. In aggregate, U.S. businesses buy well over $100 billion of advertising annually to generate demand for their products. I am relieved that the tidal wave of opposition to this idea has caused Space Marketing, Inc., to back down, for now, from its original intention to put these signs in space. But if there is money to be made then it is just a matter of time until someone, somewhere tries to do it. With the technological capability to put billboards in space already established, the question of whether we want advertising beamed down to us from space needs to be carefully considered by Congress. That is why, along with my colleagues Susan Molinari, Anna Eshoo, Connie Morella, Eric Fingerhut, Frank McCloskey, William Lipinski, Douglas Bereuter, Barney Frank, Anthony Beilenson, Romano Mazzoli, Maurice Hinchey, Bob Filner, Fred Upton, and William Hughes, I am proud to introduce the Space Advertising Prohibition Act of 1993. We are going to work very hard to control this frightful prospect and keep our skies clear to remain a source of inspiration to us all. PAGE PAGE E1732 H.R. - Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, PAGE PAGE E1732 SECTION 1. SHORT TITLE. This Act may be cited as the `Space Advertising Prohibition Act`. SEC. 2. PROHIBITION ON SPACE ADVERTISING. PAGE E1733 (a) Amendment to Findings. - Section 2 of the Commercial Space Launch Act (49 U.S.C. App. 2601) is amended - (1) in paragraph (8), by striking `and` at the end; (2) in paragraph (9), by striking the period at the end and inserting `; and`; and PAGE E1733 (3) by adding at the end the following new paragraph: `(10) the use of outer space for advertising purposes is not an appropriate use of outer space and should be prohibited.`. (b) Amendment to Purposes. - Section 3 of the Commercial Space Launch Act (49 U.S.C. App. 2602) is amended - PAGE E1733 (1) in paragraph (3), by striking `and` at the end; (2) in paragraph (4), by striking the period at the end and inserting `; and`; (3) by inserting at the end the following new paragraph: PAGE E1733 `(5) to prohibit the use of outer space for advertising purposes.`. (c) Definition. - Section 4 of the Commercial Space Launch Act (49 U.S.C. App. 2603) is amended - (1) by redesignating paragraphs (10) through (12) as paragraphs (11) through (13), respectively; and PAGE E1733 (2) by inserting after paragraph (9) the following new paragraph: `(10) `space advertising` means advertising in outer space, including the placement of images or objects in outer space that are visible from Earth, for purposes of marketing or otherwise promoting the sale or use of goods or services;`. (d) Prohibition on Space Advertising. - The Commercial Space Launch Act (49 U.S.C. 2601 et. seq.) is amended by inserting after section 10 the following new section: PAGE E1733 `SEC. 10A. PROHIBITION ON SPACE ADVERTISING. `(a) Secretarial Actions. - The Secretary shall not - `(1) issue or transfer a license under this Act; or PAGE E1733 `(2) waive the license requirements of this Act, for the launch of a payload containing any material to be used for purposes of space advertising. `(b) Prohibition. - No holder of a license under this Act shall launch a payload containing any material to be used for purposes of space advertising. PAGE E1733 `(c) Civil Penalties. - Any person who violates subsection (b) shall be subject to a civil penalty, not to exceed $30,000,000, which shall be assessed by the Secretary. `(d) Revocation and Issuance of Licenses. - (1) The Secretary shall revoke any license held by a person who violates subsection (b). `(2) Any person who violates subsection (b) shall not be issued a license under this Act for a period of 2 years from the date on which the Secretary finds that such person has violated subsection (b), or if such finding is appealed, the date on which the appropriate court issues a final judgment in favor of the Secretary.`. PAGE E1733 SEC. 3. AGREEMENTS WITH FOREIGN NATIONS. The President, acting through the Secretary of State, is requested to negotiate with foreign nations for the purpose of reaching an agreement or agreements that prohibit the use of outer space for advertising purposes. -------------------- Cosponsors of the Space Advertising Prohibition Act: Ms. Susan Molinari, Ms. Anna Eshoo, Ms. Connie Morella, Mr. Eric Fingerhut, Mr. Frank McCloskey, Mr. William Lipinski, Mr. Douglas Bereuter, Mr. Barney Frank, Mr. Anthony Beilenson, Mr. Romano Mazzoli, Mr. Maurice Hinchey, Mr. Bob Filner, Mr. Fred Upton, Mr. William Hughes. PAGE E1733 BILLBOARDS IN OUTER SPACE Billboards in orbit: On April 12, 1993 a Georgia-based company announced that they have the technology and intention to put gigantic billboards in orbit around the Earth. These billboards will be one mile long, one mile wide and made of mylar. Visible from Earth by the naked eye, they are half as large as the full moon. The public doesn`t want billboards in space: There has been a tremendous public backlash to this proposal. However, if there is the potential for profit, we must assume that there is someone, somewhere, who will try to put billboards in space. Presently there is no regulation preventing their use. PAGE E1733 Our bill will put end to billboards in space: The `Space Advertising Prohibition Act` will prohibit the launch into outer space of a payload containing any material which will be visible from Earth which will be used for purposes of marketing or otherwise promoting the sale or use of goods and services. Prohibition of the United States is not enough: Our bill requests that the President, acting through the Secretary of State negotiate with foreign nations for the purpose of reaching agreements that will prohibit anyone else in the world from invading the skies with advertising. There is bi-partisan support for this bill: Support for this bill is led by Representatives Edward J. Markey (D-MA), Susan Molinari (R-NY), Anna G. Eshoo (D-CA) and Connie Morella (R-MD), and many other co-sponsors. PAGE E1733 Opposition to billboards in space is widespread: The Astronomical League, U.S. PIRG, Center for Study of Commercialism, Center for Science in the Public Interest, Environmental Action, Scenic America, National Audubon Society, and renowned astronomer Carl Sagan, among others, have already thrown their support behind this bill. There is no question that more and more scientific, environmental and consumer groups will join us as soon as they get wind of the preposterous idea of advertising in space. -------------------- Coalition Opposing Billboards in Outer-Space Washington, DC, May 13, 1993. Nandasiri Jasentuliyana, Director, Office on Outer-Space Affairs, General Secretary, Committee on the Peaceful Use of Outer-Space, United Nations, New York, NY. PAGE E1733 Dear Mr. Jasentuliyana: An American marketer, Space Marketing, Inc., is seeking a commercial sponsor for a mile-long billboard to be sent into earth orbit. The vehicle will project a corporate logo as large as the moon to people on Earth. The undersigned coalition of consumer, environmental, and scientific organizations condemns Space Marketing`s proposal to commercialize the heavens. We urge the United Nation`s Committee on the Peaceful Use of Outer-Space to issue a resolution against this type of venture. Such a billboard is an abuse of international space, adding to the debris problem, destroying the serene nocturnal skyline, and interfering with astronomical research. Space Marketing has claimed that the vehicle could help monitor the ozone layer, but that benefit is meaningless because existing satellites monitor ozone levels without polluting the sky with commercials. PAGE E1733 We fear Space Marketing`s proposal could open the door to other advertising forays in space. We hope that your agency will discourage Space Marketing from launching the billboard and urge the U.S. National Aeronautics and Space Administration not to support the project. We are also asking Space Marketing to abandon its plans. We hope that your office supports our position and will publicly denounce the commercial pollution of space. Signed: PAGE E1733 Astronomical Society of the Pacific. Astronomical League. International Dark-Sky Association. PAGE E1733 Scenic America. Center for Science in the Public Interest. Center for the Study of Commercialism. PAGE E1733 National Consumers League. National Audubon Society. Environmental Action. PAGE E1733 Earth Day 2000. U.S. Public Interest Research Group. Public Media Center. PAGE E1733 Center for Media Education. Cornell University, Center for Radiophysics and Space Research, Ithaca, NY, June 3, 1993. Representative Ed Markey, PAGE E1733 U.S. Congress, Washington, DC. Dear Ed: I wonder if you`ve been following the space billboard issue. I think it`s an abomination. It is the thin edge of a wedge which may destroy optical ground-based astromony, the most ancient of the sciences. In the long run it means that there will be no place on Earth safe from advertisers. It opens the door to political, ideological, and religious sloganeering from the skies. It is an attack on science, an invasion of privacy for everyone, an aesthetic affront, and a misuse of the engineering talent in the national laboratories. I understand that you`ve been thinking about this issue and just wanted to encourage you to sponsor a bill putting some real limitations on this brilliant idea. PAGE E1733 With warm good wishes, Cordially, Carl Sagan. -------------------- (FROM THE BOSTON GLOBE, MAY 14, 1993) ADS IN SPACE? DON`T LOOK NOW, BUT . . . (BY DIANNE DUMANOSKI) PAGE E1733 Space. The final frontier. And Space Marketing Inc. wants to boldly go where no one has gone before - to put the first billboard in space. No, this is not a gag from `Saturday Night Live.` The company, based in Roswell, Ga., is serious about launching a giant inflatable billboard into orbit so it can be seen by billions of people around the world. The mile-long billboard, which would be launched via rocket in 1996 and orbit the Earth for about three weeks, would appear to be about the size of a full moon as it loomed overhead. Yesterday, consumer activists, environmentalists and astronomers launched a campaign to stop what they see as a commercial insult to the heavens. The coalition, called Save Our Skies, appealed to United Nations officials to pass a resolution condemning the venture and held news conferences and demonstrations at several sites around the country in protest. PAGE E1733 `You`ve got marketers trying to co-opt one of the last ad-free zones on earth,` said Karen Brown of the Center for the Study of Commercialism, a nonprofit group in Washington that is organizing the campaign. `It`s nothing less than intergalactic pollution.` Astronomer Carl Sagan condemned the proposal, calling it an `abomination. It is the thin wedge which may destroy optical ground-based astronomy, the most ancient of sciences.` A spokesman for Space Marketing said yesterday that the plan was a creative way to fund research in a time of shrinking federal funds. PAGE E1733 `It will support environmental sensors that will do readings on the Earth`s ozone layer,` Mike Jones said. `This is a continuation of ozone monitoring paid for by private industry not private taxpayers.` But what about the billboard? `We will not allow it to be giant beer cans or giant golden arches,` Jones promised. `Our hope is it will be some sort of environmental symbol.` PAGE E1733 However, the idea of an environmental symbol appears to have surfaced after the plan set off a storm of criticism. In earlier news reports and company news releases, Mike Lawson, chief executive officer of Space Marketing, is quoted as saying that he was seeking a corporate underwriter with a universal recognized logo that could appear on the billboard at a cost of between $15 million and $30 million. The journal Advertising Age described the plan for an orbiting billboard as `the most ambitious marketing endeavor ever contemplated.` Touting the advantage of space advertising in a news release, Space Marketing says: `Aside from merely having a logo or message on the platform, sponsoring companies also have the ability to tailor design the orbit so that it will pass over `key populations` at the same time during ideal daylight viewing times.` PAGE E1733 At the end of the three-week period, Jones said, the highly reflective Mylar substance bearing the symbol or logo would disintegrate, and the supporting platform, invisible after the logo was destroyed, would continue to orbit for a full year, monitoring ozone. What information would this provide that is not already being provided by NASA`s ozone monitoring program? Jones said he was not certain and was unable to provide the name of any scientist working with the company on plans for ozone monitoring. He referred questions to two scientists he said are working on the overall project. PAGE E1733 One of those named, Preston Carter of the Lawrence Livermore National Laboratory in California, referred inquiries to the lab`s public relations office. `What we are doing on this is zero,` said Jeff Garberson, a Livermore spokesman. `We are absolutely not sending sensors up on billboards. We are undertaking no work in this area and have no intention of undertaking work in this area. Garberson said activists carrying signs protested the proposed space billboard outside the lab yesterday. PAGE E1733 Garberson said that Carter is a friend of Lawson, the Space Marketing chief executive officer, and that the two had had phone conversations. `Preston Carter did talk to them but it never got beyond talking,` he said. Brian Dunbar, a NASA spokesman, said he knew nothing about the ozone monitoring being planned by the firm. He said NASA satellites monitor ozone record data for periods of 18 months to three years and that there are plans for new monitoring systems that could record ozone data for 15 years. PAGE E1733 Because of the way ozone varies, `one year`s worth of ozone data is not going to do you a whole lot of good,` he said. Federal approval from the Department of Transportation would probably be needed before the project could go forward. But if Space Marketing proceeds with its plans, opponents are threatening to boycott any company that underwrites the effort. PAGE E1733 `Americans` vision of the 21st century does not include corporate logos dotting the sky and sunsets sponsored by your favorite soft drink` said Rob Sargent, of Mass-PIRG, which has joined the national protest. `Any company crazy enough to advertise on a space billboard will be sorry.` PAGE E1734 PAGE E1734 OUTLINE 1. INTRODUCTION OF LEGISLATION REGARDING BILLBOARDS IN SPACE E1732 2. HON. EDWARD J. MARKEY E1732 OF MASSACHUSETTS E1732 IN THE HOUSE OF REPRESENTATIVES E1732 THURSDAY, JULY 1, 1993 E1732 3. H.R. - E1733 4. SECTION 1. SHORT TITLE. E1733 5. SEC. 2. PROHIBITION ON SPACE ADVERTISING. E1733 6. `SEC. 10A. PROHIBITION ON SPACE ADVERTISING. E1733 7. SEC. 3. AGREEMENTS WITH FOREIGN NATIONS. E1733 8. BILLBOARDS IN OUTER SPACE E1733 9. (FROM THE BOSTON GLOBE, MAY 14, 1993) E1733 ADS IN SPACE? DON`T LOOK NOW, BUT . . . E1733 (BY DIANNE DUMANOSKI) E1733