TITLE 18 TRANSPORTATION
AND HIGHWAYS
CHAPTER 61 SPACEPORTS
PART 2 NON-AEROSPACE
CUSTOMER, PARTNER AND MERCHANDISE SELECTION
18.61.2.1 ISSUING
AGENCY: New Mexico Spaceport Authority.
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18.61.2.2 SCOPE: This rule applies to potential non-aerospace customers, partners or
merchandise providers and to the assessment and selection of non-aerospace
customers, partners or merchandise by the New Mexico Spaceport Authority.
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18.61.2.3 STATUTORY
AUTHORITY: This rule is adopted pursuant to Subsection
(B)(3) of Section 58-31-5 NMSA 1978, which authorizes the New Mexico Spaceport
Authority to adopt rules governing the manner in which its business is
transacted and the manner in which the powers of the authority are exercised
and its duties performed.
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18.61.2.4 DURATION: Permanent.
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18.61.2.5 EFFECTIVE
DATE: November 15, 2016, unless a later date is
cited at the end of a section.
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18.61.2.6 OBJECTIVE: The objective of this rule is to establish a procedure and criteria for
assessing and selecting non-aerospace customers, partners and merchandise that
are consistent with the spaceport America’s business plan for attracting new
non-aerospace customers and developing branding and co-branding partners while
promoting educational involvement for the citizens of New Mexico and the
general public. While spaceport
America’s primary business is aerospace with a focus on space, the spaceport
America business plan also provides for growing non-aerospace business to
augment revenue from the emerging commercial space industry in order to become
self-sustaining and contribute to economic development in the state. In order to grow non-aerospace business,
particular attention must be given to selecting customers, branding and
co-branding partners and merchandise that are compatible with the SPACEPORT
AMERICA® brand which emphasizes innovation, inspiration and the positive future
of commercial space travel. By
establishing the procedures and criteria contained in this rule, the New Mexico
spaceport authority seeks to define and describe its approach for determining
if potential non-aerospace customers, partners or merchandise advance an
appropriate brand and business strategy to grow brand equity value, preserve
the integrity of the SPACEPORT AMERICA® brand and attract appropriate business
opportunities to the state. As the
SPACEPORT AMERICA® brand value/equity increases, it will be able to attract
additional high value brands to engage with spaceport America and New Mexico
across a number of diverse business segments, which translates into millions of
dollars’ worth of positive earned media value and brand equity for the state
and its citizens. Not only does such a
strategy result in immediate revenue, it also provides positive free
advertising in markets that will attract more customers.
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18.61.2.7 DEFINITIONS: As
used in this rule, the following terms shall have the meanings set forth below:
A. “brand” means design, symbols, words or
products that create an emotional bond with stakeholders (customers, employees,
partners, competitors, press, constituents and third party opinion leaders)
through a strategy that differentiates it from others in a similar product
sector.
B. “brand value” or “brand equity” means the net present value of the estimated future
cash flows attributable to the brand and is created through strategic
investments in marketing communication and appreciates through economic growth
in profit margins, market share, prestige value and critical associations
(co-branding).
C. “business development agent” means the person responsible for
responding to and seeking out revenue generating business opportunities in
alignment with spaceport America business plan and brand commercialization
strategy and reports to the director of business development.
D. “earned media value” means press, social and other media
reporting related to a company or brand that is not directly generated by the
company or its agents, but rather by other entities such as customers or
journalists. The value is based on what it would cost to achieve the same
results through paid advertising. Earned
media value contributes significantly to brand value or brand equity.
E. “Spaceport America chief executive
officer (“CEO”) or “NMSA executive director” means the
person responsible for leading, directing and achieving the spaceport America
vision, mission and business plan objectives, including protecting and managing
the SPACEPORT AMERICA® brand; leading, directing and operating spaceport
America and hiring spaceport America staff.
F. “New Mexico board of directors” means the seven individuals appointed by
the governor under the authority of the Spaceport Development Act to
strategically oversee spaceport America operations and selects the executive
director.
G. “Spaceport America director of
business development” means
the person responsible for successfully commercializing the SPACEPORT AMERICA®
brand in order to meet business development revenue targets and reports to the
CEO.
H. “Spaceport America directors” means the five key staff positions at spaceport
America reporting to the executive director which include the chief financial
officer; general counsel; director of site operations; director of aerospace
operations and director of business development.
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18.61.2.8 SPACEPORT
AMERICA VISION, MISSION AND GOALS: The vision, mission and
strategic goas of spaceport America shall be:
A. Vision: Spaceport America is your gateway to the new
space age.
B. Mission: To preeminently serve space launch customers,
and inspire and delight spaceport America visitors.
C. Strategic
goals: Deliver effective and efficient
service to all customers; drive local job creation and inject the economy with
great demand for goods, services and skilled workforce; inspire spaceport
America guests, particularly the next generation; and become self-sustaining.
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18.61.2.9 SPACEPORT
AMERICA® BRAND: Spaceport
America is a unique launch facility for nurturing commercial aerospace
innovation and achievement, and for inspiring the next generation.
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18.61.2.10 BRAND
CATEGORIES AND SELECTION GUIDELINES:
A. Every new customer, sponsor, strategic partner,
commercial shoot, motion picture, event, branded merchandise item, or product
launch at spaceport America that is compatible with the SPACEPORT AMERICA®
brand is a form of co-branding. Thus, to
be compatible, the critical factors are that the partner or customer brand
possesses all of the following characteristics to the extent or degree deemed
appropriate by the NMSA executive director, subject to the selection process as
provided in 18.61.2.11 NMAC:
(1) have
a sound business reputation;
(2) represent
values that are harmonious and not in conflict with the SPACEPORT AMERICA®
brand and its vision, mission and goals; and
(3) have
visionary, futuristic, innovative purposes and goals which may include, but are
not necessarily limited to, contributing to breakthroughs in science and
technology and supportive of science, technology, engineering and mathematics
(STEM) education purposes.
B. Each customer,
sponsor, partner brand or co-brander wishing to conduct photo shoots,
commercial videography at spaceport America or engage in other types of
sponsorships shall be subject to the following requirements so as to avoid
brand value dilution:
(1) have
a minimum of twenty percent global or U.S. earned media value of the current
earned media value of the SPACEPORT AMERICA® brand and otherwise be deemed
compatible with the SPACEPORT AMERICA® brand pursuant to Subsection A of 18.61.2.10
NMAC; or
(2) further
the development of the SPACEPORT AMERICA® brand even though the customer,
partner brand or sponsor may not have achieved twenty percent global or U.S.
earned media value of the current earned media value of the SPACEPORT AMERICA®
brand and is innovative, forward leaning, respected and is otherwise deemed
compatible with the SPACEPORT AMERICA® brand pursuant to Subsection A of 18.61.2.10
NMAC.
C. Motion pictures
to be filmed at spaceport America shall require script approval by the New
Mexico board of directors, a briefing from the film’s director and a clear
review of the network or film studio funding the production and commercial
distribution. Spaceport America images
that are recognizable in the motion picture shall be presented in a manner that
contributes positively to spaceport America’s core brand values.
D. Musicians and
other artists seeking to perform at spaceport America should submit demo
audiotapes or a portfolio so that brand reputation and compatibility can be
reviewed in a meaningful way. The music
or other art form presented at spaceport America or the presentation of an art
form which contains recognizable images of spaceport America shall be presented
in a manner that contributes positively to the spaceport America’s core brand
values.
E. All agreements
or licenses authorizing any person or business entity to use spaceport America
as an event venue shall require that the services and facilities provided at
the event will at all times be:
(1) of
the highest quality and standards;
(2) consistent
with a family friendly environment, the educational mission of spaceport
America and otherwise convey a positive image of spaceport America and the
government of New Mexico;
(3) in
conformity with the overall theme, concept, atmosphere and quality associated
with the SPACEPORT AMERICA® brand.
F. All SPACEPORT
AMERICA® branded merchandise shall be consistent with the family friendly image
of spaceport America and the SPACEPORT AMERICA® brand and the educational
mission of spaceport America, convey a positive image of spaceport America and
the government of New Mexico and be produced in conformity with the overall
theme, concept, atmosphere and quality associated with the SPACEPORT AMERICA®
brand.
G. An unacceptable
customer, partner brand, co-brander, sponsor or other person or entity wishing
to use spaceport America facilities in a manner contemplated under this
subsection would be one that is furthering the development of its own brand
without enhancing the SPACEPORT AMERICA® brand, is incompatible with the
SPACEPORT AMERICA® brand or possibly present a detriment to the SPACEPORT
AMERICA® brand. For avoidance of doubt,
photo shoots and videography strictly for private use and not for any
commercial use are not subject to the requirements and guidelines of this Part.
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18.61.2.11 SELECTION
PROCESS: The spaceport America director of business
development reviews new written requests to use spaceport America facilities in
any manner contemplated by this Part and applies the applicable selection
guidelines set forth in 18.61.2.10 NMAC.
The spaceport America director of business development shall then brief
the spaceport America directors on each request and make a recommendation as to
each request presented. The NMSA
executive director shall review all requests and approve or deny each request. If the NMSA executive director denies a
request, the spaceport America director of business development shall notify
the requester in writing of the denial and the rationale for the denial. If within 10 business days after the
requester gives written notice to the spaceport America director of business
development of its desire to appeal the denial, the request will be placed on
the agenda for the next NMSA board of directors meeting for consideration and
the requester shall have the burden of establishing that the denial was
inconsistent with the selection guidelines.
The decision of the NMSA board of directors shall be final and may not
be appealed, except as otherwise permitted by law.
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HISTORY OF 18.61.2 NMAC: [RESERVED]