RE: Petition of Josh Thompson Media LLC for Exemption Pursuant to Section 333 of 

the FAA Reform Act 

Petitioner's Name and Address: 

Josh Thompson Media LLC 

Owner: Josh Thompson 

2669 Trophy Court 

Abrams, WI 54101 

920-430-0852 

josh@joshthompsonmedia.com 

To whom it may concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 

14 C.F.R. Part 11, Josh Thompson Media LLC, operator of Small Unmanned Aircraft Systems 

("sUASs") equipped to conduct aerial photography and videography, hereby applies for an 

exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation 

of its sUASs, so long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333.1 

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 

1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow 

Josh Thompson Media LLC to conduct commercial operations of sUASs meeting or exceeding all 

of the operational and safety requirements Congress has set forth in Section 333. 

Josh Thompson Media LLC is a media/technology company owned and operated by Josh 

Thompson. The purpose of Josh Thompson Media LLC is to develop commerce in Northeast 

Wisconsin. Mr. Thompson has over 10 years in Remote Controlled ("RC") aircraft experience in 

both fixed wing and rotary aircraft. This experience includes development, building, testing and 

flying a variety of RC aircraft. 
Statutory Authority Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", 

provides a mechanism for seeking expedited FAA authorization of safe civil Unmanned Aircraft 

Systems (UAS) operations in the National Airspace System ("NAS"). Section 333(a) states that the 

FAA "shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the (comprehensive) plan and rulemaking required by 

section 332(b)(1) of this Act or the guidance required by section 334 of this Act." In Section 

332(b)(1), Congress made it clear that Section 333 provides a mechanism for "expedited 

operation authorization" if several factors are met. Petitioner meets all requirements to permit 

FAA approval of commercial UAS operations. 

The name and address of the applicant are: 

Name: Josh Thompson Media LLC 

Owner: Josh Thompson 

Address: 2669 Trophy Court 

Phone: 

Email: 

Abrams, WI 54101 

920-430-0852 

josh@joshthompsonmedia.com 

Regulations from which the exemption is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113(a) and (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b)(2) 

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121Page 3 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.205 (b) 

14 C.F.R. 91.215 

14 C.F.R. (91.401- 91.417) 

sUASs are oftentimes seen as superior to helicopters due to the lesser cost of equipment, the 

reduction of personnel needed to operate equipment, reduced noise levels and zero emissions 

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Phantom Line, equipped with a 3 axis camera gimbal, which uses a High-Def video camera that 

can capture up to 4K {4096x2160p) video and 12M pixel photos. This sUAS has a built-in 

capability to limit 1) the height it flies above the ground and 2) the radius of the distance it flies 

from the operator. The OJI Phantom 3 also has the failsafe function of the autopilot system, which 

means, when the communication between the Main Controller and the transmitter is 

disconnected, the outputs of all command sticks from controller will go to the center position. If 

the GPS signal is good enough, the system will automatically trigger Return to Home and will land 

safely. Please refer to spec attachment, the DJI Phantom 3 Specs, for the performance limitations 

and flight operations. 

Aircraft weight is 1280 grams with battery, which is the total gross weight. 

A pre-flight inspection will be performed by the PIC in accordance with the factory instruction 

manual, as well as redundant checks to include the Internal Measurement Unit {IMU) to make 

sure that the compass, gyro and acceleration values are within specs, positive GPS locks are 

secure, battery health in each individual LiPo cells are balanced, and radio signals are locked in. 

The sUAS will be maintained in accordance with the manufacturer's instruction manual and only 

manufacturer's authorized replacement parts will be used. 

FCC Information 

The OJI Phantom 3 transmitter used for controlling the sUAS complies with part 15 of the FCC 

rules. Operation is subject to the following two conditions: {1) This device may not cause harmful 

interference, and {2) this device must accept any interference received, including interference 

that may cause undesired operation. 

The DJI Phantom 3 radio transmitter used for controlling the sUAS is wireless technology which 

has been tested and found to be compliant with the applicable regulations governing a radio 

transmitter in the 2.400GHz to 2.4835GHz frequency range. 

Antenna Separation Distance 

When operating the DJI Phantom 3 transmitter, the PIC will maintain a separation distance of at 

least 5 em between his body {excluding fingers, hands, wrists, ankles and feet) and the antenna 

to meet RF exposure safety requirements as determined by FCC regulations. 

Pilot in Command and Observer Qualifications and Duties 

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The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include 

all preflight preparation and inspection, in flight operation, post flight requirements, and all 

procedures including but not limited to: 

• Safe in flight operations 

• Risk evaluation 

• Current weather conditions for safe flight 

The Observer must have the visual acuity to observe the sUAS and be able to communicate clearly 

with the PIC. The Observers duties are: 

• Warning the PIC of any impending obstacles in the flight path of the sUAS. 

• Warning the PIC of any deviations in the planned flight path of the sUAS. 

• Warning the PIC should any unauthorized personnel appear in the area of the planned 

flight. 

The Observer will have the authority to order the PIC to terminate the flight should he feel the 

flight cannot be conducted safely. 

General Operating Standards 

• Josh Thompson Media LLC will only operate its sUAS in line of sight of a pilot and/or 

observer and will operate at sites that are a 1SUfficient distance1 from populated areas. Such 

operations will insure that the sUAS will 11not create a hazard to users of the national 

airspace system or the public. 11 

• Before an operation of a sUAS within SNM of an airport with a control tower, the control 

tower will be called to gain permission to operate the sUAS. The PIC will give the position, 

altitude and the times the sUAV will be operated. The sUAS will not be operated at an 

altitude of over 200 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot 

ceiling. 

• Before an operation of a sUAS within SNM of a non-tower controlled, airport operators will 

be notified and the PIC will give the right of way to avoid flying in the proximity of full-scale 

aircraft. At no time will the sUAS be operated within the final approach course and the 

takeoff course of any runway. The sUAV will not be operated at an altitude of over 200 feet 

AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling. 

• Maximum flight time for each operational flight will be 18 minutes. 

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• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer. 

• The sUAV operated by the petitioner weighs less than 55 pounds, including the payload (i.e. 

camera, lens, and gimbals). 

• The sUAS will operate at speeds of no more than 25 knots, can hover, and can 

simultaneously move vertically and horizontally. 

• Given the small size of the sUAV and the restricted sterile environment within which they 

will operate, our sUAV operations adhere to the Reform Act's safety requirements. 

The sUAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel. The sUAS operates at lower altitudes with no people on board and 

will thereby reduce current risk levels, enhance safety and diminish the likelihood of death or 

serious bodily injury. With a small payload and maximum flight time of only 20 minutes, this 

offers little or no risk to national security. 

Low level oblique photos and video from several angles are far more effective than ground based 

imagery for displaying the characteristics of large, complex properties with several buildings and 

large trees. The benefits of reduced cost and improved quality of presentation from the sUAS 

over manned aircraft will be valuable to and benefit many buyers and sellers of real property, 

farmers and ranchers, and local city officials to monitor our local water supply. 

Additionally, we request that we be allowed to use our system to benefit first responders nearby 

who might require assistance, including fire fighters, police, sheriff, etc., all while remaining 

subject to all limitations cited below: 

(a) No flight will be made with a Gross weight exceeding 55 pounds; 

(b) All operations must occur in FAA Class G airspace at no more than 200ft AGL, at an airspeed 

of no more than 25 knots and no further than 1600 ft, or 0.263 NM from the PIC; 

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation; 

(d) Operations will be restricted to flights over private property with the permission of the 

property owner; 

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(i) Josh Thompson Media LLC will not be operating at night. 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Josh Thompson Media LLC requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAV System: 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we 

request an experimental certificate be issued for the DJI Phantom 3 under either or both of the 

following provisions: 

21.191 Experimental certificates. Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance 

of type and supplemental type certificates, flights to substantiate major design changes, and 

flights to show compliance with the function and reliability requirements of the regulations. Since 

the experimental certificate can be used for commercial purposes such as market surveys, sales 

demonstrations, and customer crew training, we would expect that an experimental certificate 

would permit our commercial purpose as well. The aircraft will not carry persons or property, will 

not carry fuel, and will only fly under strict operational requirements. Combined with the UAS1s 

light weight, being constructed primarily of carbon fiber and plastic, we propose that the UAS 

will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same 

mission. If an experimental airworthiness certificate is not appropriate for this application, then 

we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness 

certificate in general, citing the equivalent level of safety outlined in the previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display 11 N11 and the aircraft1s registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

11EXPERIMENTAL11 in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot 

station. The sUAS does not have an entrance in which the word 11EXPERIMENTAL11 can be placed, 

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Station

 in letters 3 inches high or greater. Since the aircraft will operate within 0.263 NM of the 

ground station, the banner should be visible to anyone that observes the aircraft and chooses to 

investigate its point of origin. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. 

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in 

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act 

as pilot in command of an aircraft in connection with any business or employment if: (1) The flight 

is only incidental to that business or employment; and {2) The aircraft does not carry passengers 

or property for compensation or hire. Our proposed operations require that the PIC must hold at 

least a Private Pilot Certificate with a Class Ill Medical issued by the FAA and since the aircraft 

cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even 

though the intent of this application is to conduct a business. 

14 CFR 91.7 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 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, 

the documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS 

Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or 

preparing for, flight, and ready for presentation for any governing official upon request. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls. Although the DJI Phantom 3 is 

capable of duel/linked controls, Josh Thompson Media LLC will be operating with a single remote 

controller. 

91.119 Minimum safe altitudes: 

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maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is 

minimal compared to manned aircraft, which should be considered in granting the exemption. 

CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 NM ofthe aircraft. The sUAS will always fly below 200 feet AGL and 

will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An 

Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from 

the sUAS on-board computer to the display screen held by the PIC, providing a constantly 

updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions 

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at 

least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a 

safety buffer for delays to landing. The sUAV is battery operated and the maximum duration of 

flight from a single battery charge is 18 minutes with a 20% reserve. Since the aircraft will never 

fly more than 0.263 NM from the point of intended landing, a full battery charge at launch will 

ensure that we meet the reserve energy requirement of this paragraph. We request an 

exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned 

to the aircraft and a registration certificate must be aboard the aircraft. Additionally, 

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew." At a maximum gross weight of 6.47 pounds, 

the sUAS is too small to carry documentation, does not have an entrance, and is not capable of 

carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 

91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be with 

the crew at the ground control station and available for inspection upon request. In order to 

identify the aircraft, we propose that the information found on airworthiness and registration 

certificates be permanently affixed to the aircraft via placard containing the following 

information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 

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performed by the manufacturer or their designated repair facility. The PIC will document work 

performed in accordance with 91.417. We feel that due to the size, construction, and simplicity 

of the aircraft, the PIC can ensure an equivalent level of safety. 

Safety and Benefits of the UAS 

Josh Thompson Media LLC will be using the UAS in a variety of applications that generally require 

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer more 

efficient and safer benefits over the use of full-sized manned aircraft for aerial photography and 

Videography, film and still photography, real estate marketing, and water supply monitoring. 

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS 

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. 

By granting Josh Thompson Media LLC's requested exemptions, the FAA will help drive 

development of safe and successful commercial UAS operations and will advance the public 

knowledge base for such operations. Josh Thompson Media LLC is committed to promoting the 

UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data 

from its commercial UAS operations and serving as a resource for future UAS research 

operations. Thus, the FAA has good cause to grant this Petition. 

Conclusion 

As pointed out in this application, the DJI Phantom 3 which our company would use, under 

authorization by the US DOT-FAA, is a small, light-weight device operated within the line of sight 

ofthe Pilot-in-Command (PIC), less than 200 feet above the ground and outside 5 miles from any 

airport, heliport, seaplane base, spaceport, or other location with aviation activities, unless the 

air traffic control authorities (ATC) have been notified and have authorized each flight within a 

radius of this distance. 

The DJI Phantom 3 has been proven capable for controlled flight. It is a UAS offered for general 

sale on the market around the world and have often been used as Model Aircraft in the USA. We 

are certain that the studies conducted until now by the FAA, about Section 332, Public Law 112-

95, 2014, have already provided you with the assurances on the airworthiness of sUAS such as 

ours. 

For the foregoing reasons, the exemptions requested herein should be granted and Josh 

Thompson Media LLC should be permitted to conduct small UAS operations in accordance with 

its manuals and all other operating parameters deemed necessary and appropriate by the FAA. 

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