Mark McKinnon

Dentons US LLP

1676 International Drive • Penthouse

McLean, VA 22102-4832

United States

email: mark.mckinnon@dentons.com

T 703.336.8808

F 703.336.8750

Salans FMC SNR 

Denton

McKenna Long

dentons.com

February 4, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

Re: Second Amendment to Exemption 12174 granted to CNN (Docket No. FAA2015-1851)

To Whom it May Concern:

As you are aware, this office represents Cable News Network, Inc. (CNN) regarding the 

above-referenced Petition for Exemption, which was granted on July 27, 2015. On September 3, 

2015, CNN Filed a Petition for Amendment to add an additional UAS, the Fotokite Pro 

(hereinafter "Fotokite"). That amendment was granted on December 3, 2015. See Exemption 

12174B. CNN hereby requests an amendment to its Exemption to permit the Fotokite to be 

flown in congested areas pursuant to 14 CFR § 91.119(b), and at closer distances to nonparticipating persons, vehicles and structures under § 91.119(c). 

CNN will submit the following supporting materials, the Fotokite Safety Datasheet, CNN 

Operations Manual, CNN Risk Assessment Tool, Fotokite Specifications Sheet, and Fotokite 

User's Manual as confidential document pursuant to 14 C.F.R. § 11.35(b), as the materials 

contain confidential commercial and/or proprietary information that CNN has not and will not 

share with others. Additionally, the documents contain operating conditions and procedures that 

are not generally available to the public and are protected from release under the Freedom of 

Information Act, 5 U.S.C. § 552 et seq. 

I. DESCRIPTION OF PROPOSED OPERATIONS

CNN seeks to amend its Exemption to use the Fotokite to fly in support of its 

newsgathering operations in congested areas. The Fotokite is a small, light-weight tethered UAS 

that has a motorized winch that controls the amount of the tether that is released. CNN intends 

to operate the Fotokite to obtain video footage of news events in congested areas. As set forth in 

detail in CNN's UAS Operations Manual and supporting documents, the Fotokite will only be 

flown after a safety analysis has been performed and adequate means have been established to 

exclude bystanders from the operations area. The operations area is defined by the maximum 

tether length and an additional safety margin of 15'. In addition, CNN has developed a risk 
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assessment tool to be used by personnel prior to any operation to ensure a high level of safety for 

all congested area operations.1 

II. THE REQUESTED AMENDMENT IS IN THE PUBLIC INTEREST

There is great demand for news gathering at events that occur in urban and suburban 

settings, as well as locations where there are large gatherings of people. There is also a growing 

recognition among all levels of the news media, that one of the most effective, efficient, and safe 

way of gathering images of newsworthy events is through the use of a UAS.2 Without relief 

from the requirements of 14 C.F.R. 91.119, news gathering activities with a UAS in urban and 

suburban areas is prohibited. That prohibition does not, however, stop the gathering of news, it 

merely forces news gatherers into using less safe and more costly alternatives, such as manned 

aircraft and helicopters. Forcing news organizations to use these more-risky alternatives is not in 

the public interest. 

 Most major news events happen where people are. Unfortunately, most people tend to 

be in congested areas. When these events happen, news gathering operations currently have to 

rely on helicopters and manned aircraft. For example, when riots broke out in Baltimore in 

April, CNN affiliate WJLA made extensive use of video footage from helicopters. See

http://www.cnn.com/2015/04/27/us/baltimore-riots-timeline/. While helicopters can and do 

operate over congested areas safely, there have been serious accidents, such as the 2007 midair 

collision between two news helicopters covering a police pursuit, that resulted in four deaths.

3

 

There are many situations where the same types of footage can be obtained with far less risk to 

persons and property by a UAS.4 

While real-world accidents such as this can tell us a lot about a "worst-case" scenario and 

highlight specific problems, a more statistical review of the risks is equally important. CNN has 

conducted such a risk analysis, which is set forth in subsection E to the Fotokite Safety Data 

 

1

See Confidential Attachment 3. 

2

See Mickey H. Osterreicher, Charting the Course for the Use of Small Unmanned Aerial 

Systems in Newsgathering (2014), https://nppa.org/sites/default/files/AUVSI%20Paper%2004-

11-14.pdf

3

See NTSB Aviation Accident Report AAR-90-02, Midair Collision of Electronic News 

Gathering Helicopters KTVK-TV, Eurocopter AS350B2, N613TV, and U.S. Helicopters, Inc., 

Eurocopter AS350B2, N215TV. 

4

See NTSB Most Wanted List, Critical Changes Needed to Reduce Transportation Accidents 

and Save Lives: Address Unique Characteristics of Helicopter Operations (2014) (citing, among 

other things, the overwhelming growth in demand for helicopters to support electronic news 

gathering as a factor in the number of helicopter accidents), available at: 

http://www.ntsb.gov/safety/mwl/Documents/2014/01_MWL_HeliOps.pdf
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Sheet.5 According to the recent Report of the Unmanned Aircraft Systems (UAS) Registration 

Task Force (RTF) Aviation Rulemaking Committee (ARC), the acceptable level of fatal accident 

risk for manned commercial aviation is on the order of 1x10-9per hour flying and the risk level 

for general aviation is 5x10-5per hour flying.6 Even more significant, based on a 2012 FAA 

presentation, the fatal accident rate for helicopter operations was 3.9x10-5per hour flying, with 9 

fatal helicopter news-gathering accidents occurring over the 3 year period studied.

7

 

So, how do those risks compare with UAS operations? The conclusion of the ARC 

Report was that for a small, untethered hobby aircraft operated in a densely packed urban 

environment where there was not effort made to cordon off or separate the aircraft from 

bystanders, there would be 1 ground fatality for every 20,000,000 flight hours of a UAS, or 

4.7x10-8accidents per hour flying. This is a safety risk far better than that enjoyed by either

general aviation or helicopter operation.8

CNN has conducted a similar analysis for its proposed operations using the Fotokite that 

takes into account CNN's additional procedural safeguards to segregate bystanders from the 

flight and the unique properties of tethered flight.9 That analysis determined that there is a fatal 

accident rate of 1.92 x 10-9per flight hour, or one fatal accident per 520,000,000 flight hours. 

This accident rate is far superior to either the operation of general aviation aircraft or helicopters, 

and compares very favorably with commercial aviation. 

Given the risks associated with operating manned aircraft or helicopters over populated 

areas for news gathering, and the clearly superior levels of safety that can be achieved by using a 

tethered UAS to achieve the same goals, the requested exemption is clearly in the public interest 

and should be granted. 

III. CNN'S PROPOSED USE OF THE FOTOKITE IN CONGESTED AREAS 

PROVIDES AN EQUIVALENT LEVEL OF SAFETY FOR COMPLIANCE WITH 

14 CFR § 91.119(B) AND (C)

Minimum safe altitudes for aircraft are set forth in 14 CFR 91.119, which provides in 

relevant part: 

Except when necessary for takeoff or landing, no person may operate an aircraft below 

the following altitudes:

 

5

See Confidential Attachment 1.

6

https://www.faa.gov/uas/publications/media/RTFARCFinalReport_11-21-15.pdf

7

https://www.aea.net/events/rotorcraft/files/US_Rotorcraft_Accident_Data_And_Statistics.pdf

8

https://www.faa.gov/uas/publications/media/RTFARCFinalReport_11-21-15.pdf at 9.

9

See Confidential Attachment 1 at Section E. 
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(b) Over congested areas. Over any congested area of a city, town, or settlement, 

or over any open air assembly of persons, an altitude of 1,000 feet above the 

highest obstacle within a horizontal radius of 2,000 feet of the aircraft. 

(c) Over other than congested areas. An altitude of 500 feet above the surface,

except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. 

The FAA has determined that UAS can be routinely operated in non-congested areas 

under 14 CFR § 91.119(c).10 The FAA has also determined that a sufficient equivalent level of 

safety exists to justify modification of the limitation for operating within 500 feet of any person, 

vessel, vehicle or structure.11 Specifically, operations are permitted close to vessels, vehicles and 

structures so long as the owner has consented and "the PIC has made a safety assessment of the 

risk of operating closer to those objects and determined that it does not present an undue 

hazard."12 Similarly, flight closer than 500 feet to bystanders is permitted if there are "barriers or 

structures . . . present that sufficiently protect nonparticipating persons . . . ." 

Fotokite's testing and analysis of the vehicle, coupled with CNN’s congested operations 

and safety procedures, provide an equivalent level of safety to permit flight in both congested 

and noncongested areas with lower minimum distances. At any time the Fotokite needs to be 

flown in closer proximity to a structure or vehicle that is not the subject of the flight, CNN will 

conduct the operation using the Fotokite and its tether. As set forth in the Operations Manual, 

preparing for a congested area flight is a multi-step process, and requires the crew to perform:

● A Site Survey, 

● Detailed Flight and Contingency Planning,

● Area Cordon Procedures,

● Flight Team Briefing, 

● Emergency Procedure review, 

● Recall and Stop procedures,

● Additional Congested Area Risk Assessment and Mitigation Procedures.

In addition, the goal of the CNN congested area operation procedures is to establish a separation 

between the public and the tethered UAS. This separation mitigates the risk of the UAS 

inadvertently flying over a bystander at the time of a primary and backup power failure. The 

manufacturer's testing and analysis demonstrate that a buffer of 9' is sufficient to prevent injury 

 

10 See Exemption 11723 to AIG PCGS, Docket No. FAA-2014-0913.

11 Id. at ¶ 26.

12 Id. 
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in the event of any catastrophic failure. The introduction of the additional 15' buffer by CNN

through the operations manual further mitigates the risk to bystanders from debris in the event of 

a failure. 

In addition to these procedural safeguards, the physical characteristics of the vehicle 

support a finding that the proposed operations can be conducted under an equivalent level of 

safety. As set forth in the attached materials, the Fotokite system consists of a Ground Control 

Station (GCS) and a purpose built vertical take-off and landing (VTOL) vehicle.13 The Fotokite 

vehicle weighs under 2 pounds and is equipped with four electric motors configured as a quad 

formation. The Fotokite operates using a tether that is attached to a power source on the ground. 

The tether has a maximum length of 20 meters and the strength of its connectors and fasteners 

can withstand a force of over 40 times the total lifting power of the vehicle. 

The attached Fotokite Safety Datasheet provides additional information that demonstrates that 

the characteristics of the vehicle, its tether, control and redundant safety systems make it an ideal 

vehicle for use in congested areas and in closer proximity to non-participating persons, vehicles 

and structures. 

The Fotokite Pro system is designed to provide long term persistent stare capabilities and 

enable reliable long duration flight. The vehicle also has the following safety features:

 Because the vehicle’s power is supplied by the tether, a fly-away event is impossible. In 

the unlikely event of a tether loss, the vehicle will conduct a controlled emergency 

landing.

 The vehicle's position is controlled by the tether. As a result, there are no issues 

regarding radio control frequencies or radio interference. 

 The Fotokite Pro uses unique "soft-propellers" that can be stopped with ones fingers if 

absolutely necessary. Based on testing by the manufacturer, these propellers are 

incapable of cutting the tether. 

 The Fotokite Pro has a built in battery warning system that gives notice that the vehicle 

should be landed. 

The tether control system also relieves the need for GPS systems and the need for autonomous return 

to home or autonomous alternate landing systems to deal with an interruption of GPS signal. 

 

13 See Confidential Attachments 1, 4 and 5.
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IV. CONCLUSION

The use of helicopters and manned aircraft for news gathering in congested areas carries 

with it substantial risks, not just to the occupants of the aircraft, but to bystanders and property

on the ground. A common sense approach to mitigating those risks is to use small UAS to 

perform the same functions. Due to their size, weight, and operational limitations, small UAS 

are inherently less dangerous than manned aircraft. In addition, CNN has established a 

responsible series of procedures and safeguards to further enhance these safety benefits. 

Accordingly, CNN respectfully requests that the Exemption be granted. 

If you have any questions regarding this amendment, or require any additional 

information to process CNN's Petition, please do not hesitate to contact us. 

Very truly yours,

Mark E. McKinnon

Counsel for Cable News Network, Inc.

Confidential Attachments

1. Fotokite Safety Datasheet

2. CNN Operations Manual

3. CNN Risk Assessment Tool

4. Fotokite Specifications Sheet 

5. Fotokite User's Manual

(These attached items will be submitted under separate cover as they contain proprietary and 

commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. 

§ 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).