Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition 

October 6, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Ave., SE 

Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 

91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 

91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and 

(2); 14 CFR 91.417(a) and (b). 

Dear Sir or Madam: 

I, Jamarr Ellison, Managing Member of Next Flight Media LLC, am writing pursuant to the FAA 

Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request 

that Next Flight Media LLC, an owner and operator of small unmanned aircraft, be exempted from the 

Federal Aviation Regulations ("FARs") listed below so that Next Flight Media LLC, may operate 

unmanned aircraft system ("UAS") commercially in airspace regulated by the Federal Aviation 

Administration ("FAA"). As described herein I, Jamar Ellison, am experienced in flying hobby 

helicopters/planes for recreational purposes without incident. Currently Next Flight Media LLC is 

exploring the use of UAS platforms manufactured by DJI including the Phantom 3 and DJIInspire 

Quadcopters. Our intent is to use these platforms for aerial videography/cinematography/photography, 

enhancing academic community awareness for individuals and companies unfamiliar with the 

g·eographicallayout of communities and lands throughout the state of Georgia, and to augment real 

estate listing videos- following exemption and approval by the FAA. I have flown RC Helicopters/Planes 

for over five (5) years without incident. Next Flight Media LLC is committed to safety with each flight. 

Next Flight Media LLC's exemption request would permit its operation of lightweight, unmanned 

(piloted by remote control) and comparatively inexpensive UASs in tightly controlled and limited 

airspace. Predetermined areas of operation, cordoned off locations and corresponding enhancements to 

current safety controls will allow Next Flight Media LLC to operate within current safety parameters 

while innovating new ones. Currently, similar lightweight, remote controlled UASs are legally operated 

by amateurs with no flight experience, safety plan or controls in place to prevent catastrophe. Based on 

our commitment to safety it is reasonable the FAA grants this exemption to Next Flight Media LLC to 

operate similar lightweight UASs. This will act to further safety protocols specific to lightweight UASs as 

Next Flight Media LLC collects flight data and other information gained through permitted flight 

operations. 

Granting Next Flight Media LLC's request comports with the Secretary ofTransportation's (FAA 

Administrator's) responsibilities to not only integrate UASs into the national airspace system, but to 

" ... establish requirements for the safe operation of such aircraft systems [UASs] in the national airspace 
Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition 

system" under Section 333{c) of the Reform Act. Further, Next Fligt1t Media LLC will conduct its 

operations in compliance with the protocols described herein or as otherwise established by the FAA. 

For the reasons stated below, Next Flight Media LLC respectfully requests the grant of an exemption 

allowing it to operate lightweight, remote controlled UAS's. 

1. CONTACT INFORMATION: 

Point of Contact: 

Jamarr Ellison 

(678) 457-7625 

Address: 

1478 Springleaf Circle SE Unit C 

Smyrna GA, 30080 

2. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Next flight 

media LLC's Requests Exemption are: 

14 CFR 21; 

14 C.F.R. 45.23(b); 

14 CFR 61.113 (a) & (b); 

14 C.F.R. 91, et seq.; 

14 CFR 407 (a) (1); 

14 CFR 409 (a) (2); and, 

14 CFR 417 (a) & (b). 

3. The Extent of Relief Next flight media LLC Seeks and the Reason It Seeks Such Relief: 

Next Flight Media LLC submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 

331-334, seeking relief from any currently applicable FARs operating to prevent Next Flight 

Media LLC's contemplated commercial cinematic, research and other flight operations within 

the national airspace system. The Reform Act in Section 332 provides for such integration of civil 

unmanned aircraft systems into our national airspace system as it is in the public's interest to do 

so. Next Flight Media LLC's lightweight UASs meet the definition of "small unmanned aircraft" as 

defined in Section 331 and therefore the integration of Next Flight Media LLC's lightweight UASs 

are expressly contemplated by the Reform Act. Next Flight Media LLC would like to operate its 

lightweight UASs prior to the time period by which the Reform Act requires the FAA to 

promulgate rules governing such craft. 

The Reform Act guides the Secretary in determining the types of UASs that may operate safely in 

our national airspace system. Considerations include: 

• The weight, size, speed and overall capabilities of the UAS; 

• Whether the UAS will be operated near airports or populated areas; and, 

• Whether the UAS will be operated by line of sight. 
Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition 

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for Next Flight 

Media LLC. 

Next flight media LLC's UASs utilize four to eight counter-rotating propellers for extreme 

balance, control and stability. They each weigh less than 55 pounds, including cinematic or other 

equipment. Each of Next flight media LLC's small unmanned aircraft are designed to primarily 

hover in place and operate at less than a 50 knot maximum speed. They are capable of vertical 

and horizontal operations but operate only within the line of sight of the remote control pilot. In 

addition to the remote control pilot, Next flight media LLC uses a spotter, such that, at 

minimum, two Next flight media LLC personnel govern the safe flight of an Next flight media LLC 

UAS at all times. 

1 The FAA has the authority to issue the exemption sought by Next flight media LLC pursuant to 

the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act"). 

Utilizing battery power and not combustible fuels, flights generally last between five and twenty 

minutes. Next flight media LLC does not operate its UASs with less than twenty five percent 

battery capacity. Safety systems in place include a GPS mode that allows Next flight media LLC's 

UASs to hover in place if communication with the radio control pilot is lost and then slowly 

descend the UAS at twenty five percent battery capacity. Further, Next flight media LLC's fleet is 

programmed, in some instances, to return to a safety point if communications are lost. 

Next flight media LLC does not operate its UASs near airports and generally does not operate 

them near populated areas. To date, Next flight media LLC has only operated its fleet for training 

purposes away from populated areas. Next flight media LLC only operates its UASs in 

predetermined areas and only in compliance with well-regarded safety protocols such as those 

contained within the well-established and commonly known Motion Picture and Television 

Operations Manual. 

Next flight media LLC operation of its fleet of small unmanned aircraft will not "create a hazard 

to users of the national airspace system or the public." 112 P.L. 95 § 333 (b). Given the small size 

and weight of Next flight media LLC's UASs, combined with their operation in cordoned off and 

well-controlled areas, Next flight media LLC's fleet falls within Congress's contemplated safety 

zone when it promulgated the Reform Act and the corresponding directive to integrate UASs 

into the national airspace system. Indeed, Next flight media LLC's UASs have a demonstrable 

safety record and do not pose any threat to the general public or national security. 

4. How Next flight media LLC's Request Will Benefit the Public As A Whole: 

Aerial videography for geographical awareness and for real estate marketing has been around 

for a long time through manned fixed wing aircraft and helicopters. For small budget production 

companies and average homeowners the expense of such aerial videography is cost prohibitive. 
Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition 

Only large companies and high end film companies can afford to absorb such expense. Which is 

where the option of less expensive unmanned systems becomes affordable to anyone. Next 

flight media LLC's main goal is to prove to public that UAS can be safely used for community 

awareness and commercial purposes. Next flight media LLC's UAS pose no threat due to their 

size, maneuverability and lack of combustible fuel- alleviating any potential threat to the public. 

Granting Next flight media LLC's exemption request furthers the public interest. Next flight 

media LLC conducts research into safe UAS operations every time it flies one of its UASs. Flight 

data, visual inspections, recorded observations and flight analyses are compiled to further 

enhance current safety protocols. Allowing Next flight media LLC to log more flight time directly 

relates to its research and its ability to further enhance current safety measures. Third, the 

public has an interest in reducing the danger and emission associated with current aerial 

cinematic capture methods, namely, full size helicopters. Next flight media LLC's UASs are 

battery powered and create no emissions. If a Next flight media LLC UAS crashes there is no fuel 

to ignite and explode. The impact of Next flight media LLC's lightweight UASs is far less than a 

full size helicopter, notwithstanding the statistically noteworthy safety record of full size 

helicopters used in motion picture capture. The public's interest is furthered by minimizing 

ecological and crash impacts by permitting motion picture capture through Next flight media 

LLC's lightweight UASs. 

Additionally congress has pronounced that it is in the public's interest to integrate commercially 

flown UASs into the national airspace system, hence the passing of the Reform Act. 

5. Reasons Why Next flight media LLC's Exemption Will Not Adversely Affect Safety Or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: 

Next flight media LLC's exemption will not adversely affect safety. Quite the contrary, for the 

reasons stated, permitting Next flight media LLC to log more flight time in FAA controlled 

airspace will allow Next flight media LLC to innovate and implement new and novel, as of yet 

undiscovered safety protocols. In addition, Next flight media LLC submits the following 

representations of enhancements to current aerial videography, photography and aerial 

surveying techniques: 

• Next flight media LLC's UASs weighing less than 55 pounds; 

• Next flight media LLC only operates its UASs below 400 feet; 

• Next flight media LLC's UASs only operate for 5-20 minutes per flight; 

• Next flight media LLC lands its UASs when they reach 25% battery power; 

• Next flight media LLC's remote control pilots operate Next flight media LLC's UASs by line of 

sight; 

• Next flight media LLC staffs each flight with a remote control pilot and spotter with 

communication systems enabling real time communication between them; 

• Next flight media LLC UASs have GPS flight modes whereby they hover and then slowly land if 

communication with the remote control pilot is lost or battery power is below 25%: 

• Next flight media LLC actively analyses electronic flight data and other sources of information 

to constantly update and enhance safety protocols; 
Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition 

• Next flight media LLC only operates in reasonably safe environment that are strictly 

controlled, are away from power lines, elevated lights, airports and actively populated areas; 

• Next flight media LLC conducts extensive briefings prior to flight, during which safety carries 

primary importance; 

• Next flight media LLC always obtains all necessary permissions and permits prior to operation; 

and, 

• Next flight media LLC has procedures in place to abort flights in the event of safety breaches 

or potential danger. 

Next flight media LLC's safety protocols provide a level of safety at least equal to existing rules, 

and in nearly every instance, greater than existing rules. It is important to note that absent the 

integration of commercial UASs into our national airspace system, helicopters are the primary 

means of aerial motion picture capture. While the safety record of such helicopters is 

remarkably astounding, it is far safer to operate a battery powered lightweight UAS. First, the 

potential loss of life is diminished because UASs carry no people on board and Next flight media 

LLC only operates them in specific areas away from mass populations. Second, there is no fuel 

on board a UAS and thus the potential for fire or explosions is greatly diminished. Third, the 

small size and extreme maneuverability of Next flight media LLC's UASs allow our remote 

control pilots to avoid hazards. Lastly, given their small size and weight, even when close enough 

to capture amazing images, Next flight media LLC's UASs need not be so close to the objects 

they are focused on. Accordingly, Next flight media LLC's UASs have operated and will continue 

to operate at and above current safety levels. 

6. A Summary The FAA May Publish in the Federal Register: 

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR§ 91.203{a)(1). The 

size, weight and enclosed operational area of Next flight media LLC's UAS permits 

exemption from Part 21 because Next flight media LLC's UAS meets (and exceeds) an 

equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized 

to exempt aircraft from the airworthiness certificate requirement under both the Act {49 

U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the 

FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the 

weight, size, speed, maneuverability and proximity to areas such as airports and dense 

populations. Next flight media LLC's current and projected UAS's meet or exceed each of 

the elements. 

14 C.F.R. 91.7{a) prohibits the operation of an aircraft without an airworthiness certificate. 

As no such certificate will be applicable in the form contemplated by the FARs, this 

Regulation is inapplicable. 
Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on 

board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. 

An equivalent level of safety will be achieved by maintaining a safety/flight manual 

delineating areas of where safety can be defined. The FAA has previously issued exemptions 

to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A, 10602, 10700 and 32827. 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes 

electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and 

(b) provides for the carrying of civil aircraft certifications and registrations. They are 

inapplicable for the same reasons described above. The equivalent level of safety will be 

achieved by maintaining any such required certifications and registrations at Next flight 

media LLC. 

B. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. 

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. Next flight media LLC, can achieve an equivalent level of safety as achieved by 

current Regulations because my UAS does not carry any pilots or passengers. Further, while 

helpful, a pilot license will not ensure remote control piloting skills. The risks attended to 

the operation of my UAS is far less than the risk levels inherent in the commercial activities 

outlined in 14 C.F.R. § 61, et seq. Thus, allowing Next flight media LLC, to operate UAS 

meets and exceeds current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). 

C. 14 C.F.R. 91.119: Minimum Safe Altitudes. 

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. My UAS will never 

operate at an altitude greater than 400 AGL. Next flight media LLC, will however operate its 

UAS in safe areas away from public and traffic, providing a level of safety at least equivalent 

to or below those in relation to minimum safe altitudes. Given the size, weight, 

maneuverability and speed of my UAS, an equivalent or higher level of safety will be 

achieved. 

D. 14 C.F.R. 91.405 (a);; 407 (a) (1);; 409 (a) (2);; 417(a) & (b): Maintenance Inspections. 

The above-cited Regulations require, amongst other things, aircraft owners and operators 

to "have [the] aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter ... . " 
Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to Next flight media LLC's UAS. However, as a safety precaution Next flight 

media LLC inspects its UAS before and after each flight and follows a maintenance program 

that involves regular software updates and curative measures for any damaged hardware. 

Therefore, an equivalent level of safety will be achieved. 

E. Summary: Next flight media LLC seeks an exemption from the following Regulations: 

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, 

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR§ 91.203(a){1). The size, weight and 

enclosed operational area of my UAS permits exemption from Part 21 because Next flight 

media LLC's UAS meets an equivalent level of safety pursuant to Section 333 of the Reform 

Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. 

Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to 

areas such as airports and dense populations. Next flight media LLC's UAS meets or exceeds 

each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an 

airworthiness certificate. As no such certificate will be applicable in the form contemplated 

by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight 

manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, 

this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining 

a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves 

regular software updates and curative measures for any damaged hardware. Therefore, an 

equivalent level of safety will be achieved. 

7. Additionallnformation 

Jamarr Ellison, managing member of Next flight media LLC and the primary Pilot in Command 

(PIC}, has flown small remote control multi rotors for over five (5) years without incident. In that 

time Jamarr Ellison has obtained substantial experience and knowledge on how to safely 

operate remote control aircraft and UAVs. As Next flight media LLC's primary PIC Jamarr Ellison 

is fully committed to safety with each flight. Granting Next flight media LLC's request for 

exemption will reduce current risk levels and thereby enhance safety. Currently, motion picture 

image capture relies primarily on the use of larger aircraft running on combustible fuel. Next 

flight media LLC's craft do not contain potentially explosive fuel, are smaller, lighter and more 

maneuverable than conventional rotor aircraft. Further, Next flight media LLC operates at lower 

altitudes and in controlled airspace. Next flight media LLC has been analyzing flight data and 

other information in compiling novel safety protocols and the implementation of a flight 

operations manual that exceeds currently accepted means and methods of safe flight. 

There are no people on board Next flight media LLC's UASs and therefore the likelihood of death 

or serious bodily injury is significantly limited. Next flight media LLC's operation of its UASs, 

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Next Flight Media LLC, Smyrna, GA- Section 333 Exemption Petition 

weighing less than 55 pounds and travelling at speeds lowN than 50 knots in cordoned off areas 

will provide at least an equivalent level of safety as that achieved under current FARs. 

Accordingly, Next flight media LLC respectfully requests that the FAA grant its exemption 

request without delay. 

Respectfully Submitted, 

Jamarr Ellison, 

Managing Member 

Next flight media LLC