NSF Program Solicitation 06-562 states that:
"The intent is that all data from the EarthScope Facility will be openly available in near-real-time to maximize participation from the scientific community and to provide on-going educational outreach to students and the public."
The solicitation also states that:
"Principal investigators are required to adhere to the EAR Data Policy available on the NSF website."
The EAR data policy can be found at:
http://www.nsf.gov/geo/ear/EAR_data_policy_204.pdf
and it states:
" For those programs in which selected principle investigators have initial periods of exclusive data use, data should be made openly available as soon as possible, but no later than two (2) years after the data were collected. This period may be extended under exceptional circumstances, but only by agreement between the Principal Investigator and the National Science Foundation. For continuing observations or for long-term (multi-year) projects, data are to be made public annually."
If investigators requesting use of Flexible Array instruments wish to take advantage of the proprietary period of exclusive data use, they should state this explicitly in their proposals.
For more information, contact the NSF EarthScope Program Officer(s).