Furnald Law 2150 E. Washington Ave. 

Madison, WI 53704

tel (608) 347-3471 

Joshua@furnlaw.com

July 20, 2016

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

Washington, DC 20590

AMENDMENT TO: Exemption No. 14948 dated February 25, 2016

Regulatory Docket No. FAA–2015–8285

Dear Sir or Madam:

JMedia LLC is hereby amending Exemption No. 14948 (“Application”) also filed under 

Regulatory Docket FAA-2015-8285 to include nighttime operations.

For all of the reasons listed in the Application, this Exemption Request is also in the 

public interest, within the FAA’s authority, and not a danger to the NAS. 

In addition, in light of the FAA’s recent UAV Notice of Proposed Rulemaking (“NPRM”)1

, 

JMedia believes that the operating conditions set forth in this request for Exemption 

Request constitute “reasonable mitigation” for nighttime operations that would ensure 

that JMedia maintains an equivalent level of safety and requests that the FAA consider 

such mitigation to grant JMedia’s Exemption Request and permit nighttime flights. The 

information below is intended to amend and supplement JMedia’s exemption request.

In the NPRM, the FAA acknowledged a willingness to consider “any reasonable 

mitigation which would ensure that an equivalent level of safety is maintained while

operating in low-light areas.”2 While JMedia acknowledges and shares the FAA’s 

concerns regarding low-light operations,3 JMedia believes that the operating conditions 

set forth in this Exemption Request constitute reasonable mitigation that shall provide 

an equivalent level of safety achieved during daylight operations and the FAA should 

permit JMedia’s nighttime flights.4

 1 See FAA, Operation and Certification of Small Unmanned Aircraft Systems, Notice of Proposed

Rulemaking at 70 (Feb. 15, 2015). JMedia reserves the right to amend its operations to avail itself of the 

permitted operations under FAA’s final rules for commercial sUAS operations, 14 C.F.R. Part 107. 2 See FAA, Operation and Certification of Small Unmanned Aircraft Systems, Notice of Proposed

Rulemaking at 70 (Feb. 15, 2015). 3 Id. at 70-71. 4 JMedia’s pilots have conducted hobby model aircraft and UAS flights at night for 10 years, and there 

have been no incidents causing risk to other airspace users or persons on the ground.
Page 2 of 5

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I. NIGHTTIME RISKS AND JMEDIA’S MITIGATION

JMedia’s operations include strict controls to ensure that the UAV will be seen at all 

times and the operator will be able to avoid other airspace users. The operating area 

will consist of a limited virtually-fenced operating, take-off, landing, and transit areas 

within visual line-of-sight (“VLOS”) of the operator. This area will be illuminated. As 

discussed further below, JMedia’ nighttime UAVs are all operated with lights at all times. 

These lights are visible up to distances of 3,000 feet, well beyond the distance from 

which the operator will be controlling the UAV. Therefore, the operator will be able to 

maintain sight of the lit UAV in an illuminated, limited footprint, controlled-access 

operating area.

Concurrently, JMedia’ nighttime operations will also require a visual observer (“VO”) to 

monitor the UAV airspace and surrounding airspace to assist the operator with avoiding 

other airspace users. The VO will not only be able to monitor other aircraft in the area 

by identifying their required lighting, but audibly monitor the airspace during a time 

with reduced ambient noise. The VO will also be able to verbally communication with 

the operator, providing immediate warnings of other airspace users that require

avoidance action by the UAV operator.

The UAV will also be operating below 400 feet above ground level (“AGL”), lower than 

the minimum altitude for other airspace users with a 100 foot buffer. The ability of 

manned aircraft to “see-and-avoid” UAV will rarely be required if the manned aircraft is 

appropriately flying above the required 500 feet AGL. JMedia’ nighttime UAV is 

equipped and will operate with lighting for the identification of the UAV’ location. In 

addition, airspace users will have knowledge of JMedia’ nighttime operations and 

limited operating footprint through JMedia’ submitted NOTAM.

To avoid posing a risk to persons on the ground at nighttime, JMedia will only operate 

the UAV in a controlled and limited footprint with controlled access and 

barriers/protection for nonparticipating persons. The operating area will be illuminated 

so that the operator and VO can see any persons on the ground. If there is an incursion, 

the flight must terminate immediately with the operator able to determine that the UAV 

can land safely.

JMedia believes that its nighttime operations under the conditions discussed above and 

with the lights on, the UAV will be at least as safe as those with manned aircraft with an 

airworthiness certificate. Given the unique multi-directional and slow-speed operation 

of the UAV, lights that can be seen up to almost one mile on all four rotor arms will 

provide ample visibility of the UAV to other airspace users in all directions without the 

need for position lights or anticollision lights on the UAV. With the use of an illuminated 

operating area, and UAV lighting, the operator will also be able to ensure that any takeoff and landing area is clear of any persons, achieving an equivalent level of safety 

achieved by taxi or landing lights. In addition, JMedia will be obliged to give the right-of-
Page 3 of 5

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way to all other aircraft that will be fully aware of JMedia’ limited-footprint operations 

through JMedia’ NOTAM.

Nighttime flights are a critical factor to JMedia’s intended commercial operation and 

closed set filming with a UAV provides a direct safety benefit. As an alternative to using 

UAVs, in the past, closed set filming was accomplished with full sized rotorcraft. In 

addition, using manned aircraft during nighttime hours at low altitudes poses an equally 

significant risk that is overcome by the safety benefits of operating UAS of limited in size 

and weight at night. If the FAA believes that the “see-and-avoid” and persons on the 

ground risks require further mitigating steps, JMedia is looking forward to working with 

the FAA to establish a framework for safe nighttime operations.

JMedia has operated UAV at nighttime as a hobbyist for several years, giving JMedia the 

unique ability to realize nighttime hazards and risks, as well as the mitigating actions 

necessary to reduce such risks.

Appendix A lists the nighttime-specific hazards, associated risks, and the corresponding 

mitigating actions in JMedia’s proposed operating limitations, MPTOM and SOP. JMedia

respectfully submits that such mitigation achieves an equivalent or increased level of 

safety as daytime operations.

II. OPERATING DOCUMENT REVISIONS AND SUPPLEMENTAL INFORMATION

CONTRIBUTING TO AN EQUIVALENT LEVEL OF SAFETY DURING NIGHTIME UAV 

OPERATIONS

A. JMedia Will Operate the UAV at Nighttime with Colored LED Lights that 

are Visible in excess of 3,000 Feet

JMedia only operates UAV that have factory-installed LED lighting systems which are 

visible in excess of 3,000 feet. All UAV have lights that differ by color in the fore and aft

of the UAV. The PIC in question is able to see colors. Consequently, the PIC is able to 

maintain control over the UAV and ascertain its heading. One could argue quite 

effectively that line of sight navigation is, in fact, enhanced by the lack of daylight 

because the UAV’s LED lighting system is more visible at night.

B. The Revised MPTOM and SOP Ensure the PIC and Observer’s Night 

Adaptation

JMedia has made appropriate revisions to its operational documents to ensure night 

flights are conducted with equivalent levels of safety. These changes include ambient 

lighting at the Operating Area and maintaining VLOS at all times by both PIC and VO.

C. JMedia’s Revised MPTOM and SOP Reflect Nighttime Operations and 

Training

Please see attached document for details.
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D. The PIC During Night Flights has Extensive Experience Contributing 

toward Equivalent Safety Standards

Bill Johnsen, the primary PIC for JMedia and only PIC for night flights has obtained a 

commercial aviation certification. JMedia maintains that the training and experience 

undergone by commercial pilots is more than needed to create an equivalent level of 

safety for night UAV flights. For instance, Bill Johnsen has hundreds of hours of IFR 

flights and hundreds of night landings and approaches involving full-sized aircraft.

More, Bill Johnsen is a risk control expert with thirty-five years of experience as a 

Certified Insurance Counselor. JMedia is risk averse. Also, Bill Johnsen is a Certified 

Professional Photographer. JMedia can complete the shoot efficiently and in the 

shortest time possible.

The FAA can be assured of equivalent safety during JMedia’s nighttime flights.

If you have any questions or comments, please do not hesitate to contact our office.

Sincerely,

Joshua Furnald, Esq.

Furnald Law

2150 East Washington Ave. 

Madison, Wisconsin 53704

608) 347-3471
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Appendix A

Risk Mitigation

Ascertain UAV Heading UAV has different colored lights for and aft

Incursion avoidance with 

other aircraft

JMedia posts NOTAMs in advance of all commercial flights. PIC 

and VO can listen and observe for other aircraft

Operational Area Safety Operational area will have ambient lighting and closed set 

filming standards will be used at all times

PIC Lack of Experience PIC has commercial pilot’s certification, Certified Insurance 

Counselor, Certified Professional Photographer with decades of

full sized aviation and hobby UAV flight experience, including 

night flights
Date: 7.20.2016 Revision: 1.1

Motion Picture and Television

Operation Manual

JMedia LLC

402 Broadway St.

Baraboo, WI 53913
Date: 7.20.2016 Revision: 1.1

Table of Contents

1. Introduction .............................................................................................................................................4

A. Purpose.................................................................................................................................................4

B. Pilot/OperatorOrganization .................................................................................................................4

C. Persons Authorized...............................................................................................................................4

D. Area of Operations................................................................................................................................4

E. Plan of Activities....................................................................................................................................4

F. Permission to Operate..........................................................................................................................5

G. Security .................................................................................................................................................6

H. Briefing of Personnel ............................................................................................................................6

I. Airworthiness....................................................................................................................................6

J. PIC MinimumRequirements..............................................................................................................6

K. Communications..................................................................................................................................7

L. Accident Notification............................................................................................................................7

M. Recall/Stop Procedures.......................................................................................................................7

O. Special Provisions................................................................................................................................7

2. Company Organization ...........................................................................................................................8

A. Chief Pilot – William S. Johnsen............................................................................................................8

B. Pilot in Command – William S. Johnsen................................................................................................8

Appendices Following .................................................................................................................................10

(Page Omitted)............................................................................................................................................10

Appendix A - List of Approved Pilots...........................................................................................................11

Appendix B - List of Approved Aircraft........................................................................................................12

Appendix C - Permission Acquisition Form .................................................................................................13

Appendix D - Revision Letter......................................................................................................................14
Date: 7.20.2016 Revision: 1.1

Revision Control Page

Revision# Date Initials
Date: 7.20.2016 Revision: 1.1

1. Introduction

A. Purpose

This manual has been developed by JMedia LLC, hereafter referred to as 

"JMedia”, in conjunction with an amendment to an application for an Exemption 

to the provisions of FAR 91.119 (b) and (c) for the purposes of Night Closed Set 

filming. When applicable, JMedia employees and agents will comply with the

policies, procedures and conditions of this Motion Picture Television Operations 

Manual (“MPTOM) while conducting UAV photography or cinematography.

B. Pilot/Operator Organization

JMedia, LLC

William S. Johnsen, Manager

402 Broadway St. 

Baraboo, WI 53913

(608) 963-9345

 C. Persons Authorized

FAR 91.119 (c) is waived only with respect to those persons, vehicles and 

structures directly involved in the performance of the actual filming. The

certificate holder shall ensure that no persons are allowed within 500 feet of the

area except those consenting to be involved and necessary for the filming

production. This provision may be reduced to no less than 30 feet when an

equivalent level of safety can be achieved.

D. Area of Operations

JMedia’s approved area of operations will be the United States, including Hawaii 

and Alaska.

E. Plan of Activities

At least three (3) days prior to any scheduled filming, JMedia will submit a 

written plan of activities to the local FSDO having jurisdiction over that area.

The plan of activities should include the following:

(1) Dates and times for all flights.

(2) Name and phone number of the operator for the UAV aerial filming 

conducted under the specific grant of exemption.

(3) Name and phone number of person responsible (“PIC”) for the on-scene 
Date: 7.20.2016 Revision: 1.1

operation of the UAV.

(4) Make, model, and serial or N-number of aircraft to be used.

(5) Name and certificate or license numbers of PICs involved in the

filming production event.

(6) A statement that the waiver holder has obtained permission from

property owners and/or local officials to conduct the filming production

event. The list of those who gave permission must be made available to

the Inspector upon request from the waiver holder.

(7) Signature of exemption holder or representative.

(8) A description of the flight activity including maps or diagrams of any area, 

city, town, county, and/or State over which filming will be conducted and 

the minimum altitudes essential to accomplish the operations.

The three (3) day notification may be waived. However, the operator should 

contact the FSDO as soon as possible with this request and be prepared to 

explain in detail why the three (3) day notification is not practical.

F. Permission to Operate

Before any flight operations is conducted at less than 500 feet from participating 

persons under the provisions of the certificate of waiver and this manual, the

operator will obtain permission to conduct these operations from property

owners and local officials as necessary or appropriate. Persons from whom 

permission may be required are listed below:

(1) Property owners

(2) Law enforcement officials

(3) Fire department officials

(4) Local, State and Federal government

(5) Air traffic control

The personnel obtaining such permission will do so in writing whenever 

practicable. However, verbal permission is acceptable. A standard 

permission form is provided in Appendix C and may be used when obtaining 

written permission. JMedia will assure a sufficient number of those forms are 

available at the job site. Written permission forms will be maintained at the

job site until flight operations are completed, and then turned into William S. 

Johnsen to be kept on file for a minimum of six (6) months. These forms will 

be made available for inspection by the FAA or other official personnel upon 

request.
Date: 7.20.2016 Revision: 1.1

G. Security

Prior to any flight operation the PIC will coordinate with appropriate production

personnel to devise a plan of securing the area(s) of operation from all 

unauthorized persons and vehicles. Provisions will be made to immediately 

discontinue operations should the area(s) become unsecured or for any other 

reason in the interest of safety.

The secured operational area shall be marked off, lit by ambient lighting and 

controlled at all times by JMedia.

H. Briefing of Personnel

Prior to the start of any operation under the provisions of this manual, the PIC

will conduct a briefing of all procedures to participating personnel of the risks 

involved, emergency procedures, and safeguards to be followed during the 

filming production event. Personnel will also be briefed on additional provisions 

that may be issued by the FSDO that has geographic responsibility for the 

operational area, including the location of boundaries or time limits. The

briefing shall cover:

• Authorization for closed set filming under attached special provisions

• Operations manual

• Plan of activities

• Radio Communications

• Takeoff

• Aviation activities to be conducted during the filming production event

• Approach and landing procedures

• Recall procedures

• Emergency procedures

• Risks to participating personnel

• How to control nonparticipating persons

I. Airworthiness

All of JMedia’s aircraft used in any operation will be properly approved for use in 

JMedia’s Certificate of Waiver or Certificate of Authorization. 

Other required tests and inspections will be performed when necessary. Each 

aircraft will have a flight log containing upcoming scheduled maintenance and 

inspections and the dates or times they must be performed. A section for 

discrepancies is also found in the flight log. The PIC will assure the aircraft to be 

flown is in airworthy condition and all required inspections and maintenance has 

been completed before each flight.

J. PIC Minimum Requirements
Date: 7.20.2016 Revision: 1.1

The pilot/operator shall establish and specify the minimum pilot

requirements. Minimum requirements shall meet or exceed the following:

(1) A Commercial pilot certificate and a current driver’s license or medical 

certificate.

(2) At least 50 hours logged as PIC and at least 50 hours logged as the PIC

with the aircraft type.

(3) A minimum of 15 hours in the make and model aircraft to be used under

the waiver.

(4) A minimum of 15 hours of flight time at night as a hobbyist under similar 

circumstances.

K. Communications

Prior to the start of any operation covered by this manual, the PIC will 

formulate a plan to provide communications capability to all participants

during the actual operation and filming. Oral, visual or radio communications

may be used as long as it is effective and is capable of keeping the

participants continuously appraised of the current status of the operation.

L. Accident Notification

Should an accident or incident requiring notification of the NTSB occur,

the notification requirements of FAR Part 830 would comply.

M. Recall/Stop Procedures

Radio communication, oral, visual or a combination will be utilized to keep 

the participants continuously apprised of the current status of operation.

O. Special Provisions

The controls, procedures, and conditions set forth in this MPTOM is the

primary assurance that persons on the surface will not be jeopardized.

The aircraft and PICs used under this authorization and/or waiver will only be 

those specified in the motion picture and television operations manual 

(Attached Appendices) or associated plan of activities. Each pilot in 

command’s name and certificate number shall appear on each daily plan of

activity.

Each pilot-in-command conducting operations authorized under this

certificate understands the conditions of issuance, and that it constitutes a 

waiver of FAR 91.119 (b) and (c) (see attached document under “Appendix 

B”). Rotorcraft takeoff and landing areas will be protected in a manner that

will prevent unauthorized persons from entering the takeoff and landing 

area.
Date: 7.20.2016 Revision: 1.1

JMedia will ensure that the participating persons involved in the

operations are thoroughly briefed on special procedures, communication,

emergency procedures, and on the provisions of the authorization and/or

waiver before beginning the activities. No person may participate in any 

event unless that person has received a briefing on the provisions of the

waiver.

2. Company Organization

A. Chief Pilot – William S. Johnsen

Duties and Responsibilities:

• Final word in the formulation of policy and procedures concerning 

this manual.

• Act as liaison between JMedia and the FAA on matters concerning this

manual.

• Assure that each approved pilot is issued a copy of this manual and obtain

a signed statement from each that they have read and understand its

contents.

• Maintain a current copy of this manual at the main base of operations for 

JMedia.

• Responsible for assuring that all revisions to this manual are distributed

and processed properly.

• Must approve or disapprove each proposed job or operation performed by 

JMedia under the provisions of this manual.

• Assume the responsibilities of pilot in command when acting as such.

• The chief pilot may delegate functions to other personnel but

retains responsibility.

B. Pilot in Command – William S. Johnsen

Duties and Responsibilities:

• Assure that aircraft to be flown is in airworthy condition and all inspections

and required maintenance have been performed as per appropriate FAR's.

• Be very knowledgeable of the contents of this manual and abide by 
Date: 7.20.2016 Revision: 1.1

the procedures, policies and conditions contained herein.

• Coordinate with personnel to formulate plans, routes, locations, etc. with

safety of all persons involved in the primary concern.

• Maintain their copy of this manual in current condition and have it on site at

any job or operation requiring the waiver.

• The PIC may delegate functions to other personnel, but retains 

responsibility.
Date: 7.20.2016 Revision: 1.1

Appendices Following

(Page Omitted)
Date: 7.20.2016 Revision: 1.1

Appendix A - List of Approved Pilots

Chief Pilot

Name : William S. Johnsen

Certificate Number : 2879129, Dated April 6, 2011

Grade : Commercial

Medical Certificate Applicant ID : 2001317015

Medical Certificate Control # : 200006937758

Contact Number : (608) 356-5515

(608) 963-9345
Date: 7.20.2016 Revision: 1.1

Appendix B - List of Approved Aircraft

 Make and Model Serial Number
Date: 7.20.2016 Revision: 1.1

Appendix C - Permission Acquisition Form

In signing this form, I am giving the pilots of JMedia LLC permission to operate their

UAV at less than 500 feet from person or property or in some jurisdiction in which I

am responsible for or affiliated with, for the purpose of film, photo or television

production.

Name:

Title:

Basis of 

Authority:

Location:

Operation 

Date

Signature:

Date:

Received by:
Date: 7.20.2016 Revision: 1.1

Appendix D - Revision Letter

Revision # Section Page Action Remarks PIC

R – Remove and Replace

D – Delete and Destroy

N – Insert New Page

Manual Serial Number - Issued to:

Revised By: Date: