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rb.tv, inc.

4507 Elsby Ave

Dallas, TX 75209

214-956-8666

sam@redbutton.tv

June 5, 2015

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

Dear Sir or Madam:

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

Reform Act), rb.tv, inc., the operator, and Sam Stanton, owner, and pilots, David 

Ekstrom, Paul Burrough, Jon Morton, Mike Ellis, Drew Parsley, Scott Anderson, 

Seth Sampson, Gilles Tisseraud, & Kenji Croman hereby apply for an exemption 

from Federal Aviation Regulations (FARs) detailed below to allow for commercial 

operations of two DJI “Inspire 1” four rotor UAS’s(Inspire 1), two DJI Phantom 2 

four rotor UAS’s with an attached DJI H3-3D Gimbal Mount holding a GoPro 

Hero 4+’s (Phantom 2), and two DJI Phantom 2 Vision +’s with attached 3 axis 

gimbal mount holding DJI cameras (Vision +) for the purpose of aerial 

photography and video for a variety of industries. 

As the Reform Act allows the FAA to “establish requirements for the safe 

operation of such aircraft systems in the national airspace system”, rb.tv, inc.’s

use of the Inspires and Phantoms will provide the following benefits and enhance 

or provide an equivalent level of safety. 

1.The Inspire and the Phantom 2 has a maximum takeoff weight of less than 6 

and 3.5 pounds respectfully and thus offes a lightweight, small and 

compact video platform compared to manned aircraft. 

2.Sam Stanton and all co-applicants, have been flying RC aerial systems for over 

a decade and will be the PICs (Pilots in Command) of all of rb.tv, inc.’s 

aerial operations. 

3.The Inspire 1 and Phantom 2 offer significant safety, noise, emission, security 

and environmental benefits not available to larger manned aircraft. 

4.The Inspire 1 and Phantom 2 have numerous safety features such as Failsafe 

mode, automatic landing should signal between PIC and UAS be 

interrupted, GPS based altitude and distance locks, Flight Limits function 

and low battery warnings. We feel that these features addressed in more 
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detail below and in the Inspire 1 Phantom 2 User Manual provide an 

equivalent level of safety. 

5.The lead PIC, Sam Stanton has a Known Traveller Number and Global Entry 

Card and has been vetted by the Transportation Security Administration 

(TSA) and poses no threat to national security. 

Operations utilizing the Inspire 1 and Phantom 2 will provide a benefit to the 

general public and serve the public interest by providing the service of aerial 

photographic images and video to numerous businesses and individuals for 

considerably less than the previously only available option of utilizing manned 

aircraft at an equivalent level of safety. 

The Aircraft, Operations and an Equivalent Level of Safety 

1.The safe operation of the UAS will be the first priority before, during and after 

every operation. 

2.The UAS pilots will always be one of our experienced airmen will be 

considered the PIC wether flying or supervising and will be responsible for 

the safe operation of the UAS at all times. 

3.The Inspire 1 has a maximum takeoff weight of 3400 grams or approximately 

7.5 pounds. It has a diagonal length of 451mm and a maximum speed of 

22 meters per second. DJI Phantom 2 has a maximum takeoff weight of 

1300 grams or approximately 2.9 pounds. It has a diagonal length of 

350mm and a maximum speed of 15 meters per second. 

4.The UAS utilizes GPS location and is controlled by a 2.4 GHz transmitter. 

5.All UAS operations will be conducted at Visual Line Of Sight (VLOS) at no 

more than 400 feet AGL. 

6.All UAS operations will be conducted under DJI’s flight restricted areas in 

relation to all airfields in the United States. Those specifically are as 

follows: 1.5 miles (2.4 km) to 5 miles (8 km) around restricted areas are 

altitude restricted, with maximum altitude going from 35 feet (10.5 m) at 

1.5 miles (2.4 km) to 400 feet (120 m) at 5 miles (8 km).

7.No UAS operations shall occur over densely populated public areas, large 

assemblies of people, stadiums, government buildings, power lines, or 

major roads. 

8.All nonparticipating persons shall be a minimum of 500 feet from the UAS. 
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9.If a nonparticipating person comes within 500 feet of the UAS, flight operations 

will cease immediately. 

10. All UAS operations shall take place during daylight hours under conditions 

equivalent to Visual Flight Rules (VFR) with the UAS no more than 3/4 NM from 

the PIC. 

11. All UAS operations will have a PIC and a Visual Observer (VO) present 

and all operations will be within line of sight (LOS) of the PIC and VO. 

12. The UAS will yield to all manned aircraft at all times. 

13. All required permits and permissions will be obtained from local and state 

government should they be required. 

14. A pre-flight inspection by the PIC will be performed prior to each flight to 

assure that the UAS is safe for flight. A post-flight inspection will also be 

performed as an added level of safety. An aircraft check will also occur 

after every two hours of flight. See Appendix B for aircraft checklist. 

15. At no time shall the UAS be operated with missing or manufacturer 

unapproved parts, or in any condition that could pose a hazard to any 

other aircraft or structure or person on the ground. 

16. Prior to all UAS operations a pre-flight meeting will be held by the PIC to 

determine the parameters of flight in a given location, any hazards 

present, weather conditions, safety procedures at the specific location and 

approximate duration and route of flight. 

17. The PIC will have accumulated and accurately logged a minimum of 50

hours total time as a UAS rotorcraft pilot with a minimum of 30 hours as a 

UAS pilot with a multi-rotor UAS and 30 hours as a UAS pilot operating 

the same make and model of UAS to be used for operations under the 

exemption. 

18. The Inspire 1 and Phantom 2 UAS will utilize GPS location, auto return 

home and will never be operated at below 20% batter capacity. 

The DJI Inspire 1 UAS is a small and safe sub 8 pound plastic and composite 

aircraft utilizing four propellers driven by a 5700mAH, 22.8V LiPo smart battery 

with an average flight time of 20-22 minutes. The remote control/transmitter 

operates at both 5GHz and 2.4 GHz. The aircraft’s software can be calibrated to 

limit both AGL and distance from the transmitter. The aircraft will automatically 

return to point of origin or descend in place should signal with the transmitter be 

lost. The UAS is unmanned, operates at low altitudes, does not run on 
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combustible fuel, has very low decibel level noise emissions and has a small 

payload capacity and short flight time, thus significantly reducing current risk 

levels involved with utilizing manned aircraft for aerial photography

The DJI Phantom 2 UAS is a small and safe sub 3 pound plastic and composite 

aircraft utilizing four propellers driven by a 5200mAh, 11.1V, LiPo smart battery 

with an average flight time of 17-18 minutes. The remote control/transmitter 

operates at 2.4 GHz. The aircraft’s software can be calibrated to limit both AGL 

and distance from the transmitter. The aircraft will automatically return to point of 

origin or descend in place should signal with the transmitter be lost. The UAS is 

unmanned, operates at low altitudes, does not run on combustible fuel, has very 

low decibel level noise emissions and has a small payload capacity and short 

flight time, thus significantly reducing current risk levels involved with utilizing 

manned aircraft for aerial photography. 

Additionally, past purchasers of aerial photography have had to contract with 

manned aircraft operations at a significant expense. rb.tv, inc.’s UAS operations 

will provide a public benefit in allowing more people to access aerial photography 

images and video at a significantly lower price and in the process we will be 

providing that data at a greater or at least equivalent level of safety as compared 

to similar manned operations. 

It is the applicants belief that the small size of the Inspire 1 and Phantom 2 

UAS’s, the basic operating parameters outlined above, the specific exemptions 

discussed below, the fully trained, certified and vetted crew and the equivalent 

level of safety provided at a much lower cost to the general public will allow the 

FAA to grant an exemption to rb.tv, inc. for commercial UAS aerial photography 

operations under the Reform Act of 2012. 

The exemption requests follow below as well as Appendix A and Appendix B. 

The DJI Inspire 1 and Phantom 2 User’s Manual will be sent as a separate 

attachment. 

Sincerely, 

Sam Stanton

President

rb.tv, inc.

4507 Elsby Ave

Dallas, Texas 75209

214-956-8666
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EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

rb.tv, inc., requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the Inspire 1 

and Phantom 2 UAS’s.

14 CFR Part21, Subpart H: 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 UAS, we request an experimental certificate be issued for the UAS operated 

by the applicant 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 and will only fly under strict 

operational requirements. As the Inspire 1 and Phantom 2 UAS’s also carries no 

combustible fuel, weighs less than 7.5 and 3 pounds and are constructed 

primarily of plastics and composites, we propose the UAS is at least as safe, if 

not significantly safer than conventionally certified aircraft used within similar 

parameters.

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

then we request an exemption of 14 CFR Part21, Subpart H, and the 

requirement for an airworthiness certificate in general, citing the equivalent level 

of safety outlined in the previous paragraph.
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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.”

As the UAS is too small to carry documentation, does not have an entrance and 

does not carry a crew, we propose the following in order to meet the intent of 

91.203 and provide an equivalent level of safety. All documents deemed 

appropriate by the FAA for this aircraft will be located at the operational ground 

station for each flight in proximity to the PIC and VO and will be available for 

inspection on request. In order to identify the aircraft, we propose to use the 

manufacturers model and production codes located on the aircraft as well as 

appropriate registration numbers and the telephone number of the manufacturer 

and rb.tv, inc. affixed to the aircraft as well. Should the FAA deem appropriate, 

we will also affix the word “EXPERIMENTAL” in the largest possible lettering 

given the size of the UAS, as discussed further below.

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

regulations provide that each aircraft must display "N" and the 

aircraft's registration number in letters at least 3 inches high. Additionally, the 

aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high 

near the entrance to the cabin, cockpit, or pilot station.

As the UAS does not have an entrance, may not have an FAA assigned 

registration number and is of such small size, we propose to affix the word 

“EXPERIMENTAL” in the largest possible lettering appropriate for the aircraft. 

Additionally, for each operation the ground station will be clearly identified with a 

banner containing the words “UAS Ground Station” that will be of appropriate 

size to be seen by any observer of the aircraft operations. The ground station will 

also have all registration and identity documents relating to the UAS.

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. The intent of this requirement is to 

ensure that flight manual information is available to the aircrew while operating 

the aircraft.

rb.tv, inc., requests an exemption to this requirement as the UAS cannot, given 

its size, carry the flight manual. To meet an equivalent level of safety, we 

propose to have the current manufacturers flight manual and the rb.tv,inc. flight 

manual at the operational ground station of each flight, available to both the PIC 

and VO. 
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14 CFR 91.109 Flight instruction; Simulated instrument flight and certain 

flight tests.

The regulation provides that "No person may operate a civil aircraft that is being 

used for flight instruction unless that aircraft has fully functioning dual controls." 

The controls for the UAS do not currently have a set of fully functioning dual 

controls. If a UAS pilot is being trained, the pilot performing the training would be 

directly supervising and could take over the controls from the pilot in training if 

the need arose. 

This would be similar to the technique of a "throw-over type" control wheel in 

some fixed wing aircraft. We feel that this technique meets the intent 91.109 and 

provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since 

the UAS will be operating at a maximum 400 feet AGL, we cannot comply with 

this requirement and thus ask for an exemption. In order to provide an equivalent 

level of safety, we propose the following.

A. The UAS will only be operated within VLOS of the PIC and VO at a 

maximum range of 3/4 NM from the ground station.

B. A preflight safety risk assessment will be completed prior to each flight to 

ensure the UAS is in a condition for safe flight and that the planned 

operation can be completed safely. rb.tv, inc.’s Flight Manual and PreFlight Checklist is included as Appendix A and Appendix B.

C. All UAS operations will be conducted under DJI’s flight restricted areas in 

relation to all airfields in the United States. Those specifically are as 

follows: 1.5 miles (2.4 km) to 5 miles (8 km) around restricted areas are 

altitude restricted, with maximum altitude going from 35 feet (10.5 m) at 

1.5 miles (2.4 km) to 400 feet (120 m) at 5 miles (8 km).

D. The UAS will only operate over private property or private events with the 

approval of the owner of that property and event.

E. The UAS will not operate over any open air assemblies of people, 

congested or crowded areas, or within 500 feet of any nonparticipating 

person.

Overall, we believe that the above restrictions and the UAS’s small size, light 

weight, low maximum speeds, and high degree of maneuverability and stability 
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combine to provide an equivalent level of safety compared to manned aircraft.

14 CFR 9l.l21Altimeter settings.

The regulation provides that aircraft shall maintain cruising altitudes by reference 

to an altimeter setting available within 100 nautical miles of the aircraft.

The UAV will always be flying below 400 feet AGL within VLOS of the PIC and 

VO that will provide separation from terrain, structures and other aircraft. Also, 

the UAS will continually transmit an AGL reading back to the controller at the 

ground station and the AGL lock in the UAS’s software will be set to 400 feet, 

providing an equivalent level of safety.

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 that the intention here is to provide a reserve of fuel to remain aloft 

should a landing be delayed or the landing point changed. The UAS is smart 

battery powered and continually transmits battery charge information back to the 

ground station to be evaluated by the PIC who will return the UAS back to the 

ground station when the battery shows 20% remaining capacity. We feel that this 

combined with the fact that the UAS will have a maximum range of 3/4 NM from 

the ground station provides an equivalent level of safety.

14 CFR Subpart E (91.401 -91.4171- Maintenance, Preventive Maintenance, 

and 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 require that the aircraft be "approved for return to 

service by a person authorized under 43.7" after maintenance and inspection.

We propose that the PIC perform maintenance and inspection and “be 

authorized to approve the aircraft for return to service.” As provided for in 

Appendix A, the PIC will inspect the aircraft prior to every flight to ensure it is in 

airworthy condition. A maintenance check will also be performed after every 2 

hours of flight. Any general maintenance and repair or replacement of 

components will be completed by the PIC following the manufacturers 

recommendations and documented in accordance with 91.417. In any case 

where the UAS cannot be returned to service by the PIC, or is suspected to be 

unsafe, the UAS will not be operated until returned to all manufacturer 

specifications. We feel that due to the simplicity, size, robustness and 

construction of the aircraft the PIC can assure an equivalent level of safety.
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8900.227 Paragraph 16(cXa) PIG Medical. and Paragraph 16(eX1) Observer 

Medical.

This policy provides that both the PIC and observer must have a valid FAA 

second-class medical certificate issued under part 67 in order to perform as a 

pilot or observer. We feel that requiring the PIC and VO to meet the same 

medical requirements as a commercial pilot carrying passengers in a large 

aircraft is an unnecessary burden. Since the UAV is of small size, unmanned and 

required to be in VLOS of the PIC and VO at all times and given the highly 

unlikely scenario of both the PIC and VO becoming incapacitated simultaneously, 

we feel 2 certified able bodies should be sufficient. Furthermore, given the 

aircrafts auto return home feature and low operating altitude, we feel that the 

above provide an equivalent level of safety. We propose that the medical 

requirements for the VO be vision corrected to 20/20 and a valid state issued 

driver’s license. 
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APPENDIX A 

PHOTOBIRD FLIGHT MANUAL

FLIGHT PARAMETERS AND RESTRICTIONS

A. The PIC will be an FAA licensed airman with a Commercial Pilot certificate 

and associated medical certificate or the UAS pilot will be directly 

supervised by an FAA licensed airman with a Commercial Pilot certificate 

and associated medical certificate.

B. The PIC will have accumulated and logged a minimum of 25 flight hours as 

a UAS rotorcraft pilot and a minimum of 10 hours logged as a UAS pilot 

with a multi-rotor UAS and 5 hours as a UAS pilot operating the same make 

and model of UAS to be used for operations under the exemption. A current 

logbook of all training flights and all flight operations will be at the ground 

station during all operations.

C. All flights will occur in FAA Class G airspace at no more than 400 feet AGL 

and no further than 3/4 NM from the PIC.

D. All operations will utilize a PIC and VO with the PIC and VO able to 

communicate verbally at all times.

E. All operations will occur only during daylight hours and in weather 

conditions equivalent to VFR.

F. All operations will occur at VLOS from the PIC and VO.

G. The PIC and VO will have a pre-flight meeting at the site of the operation 

just prior to the flight to assess weather, area of operation, topography, 

flight time, route, hazard mitigation and overall operational and safety 

parameters. Also during this meeting, the pre-flight aircraft checklist (see 

Appendix B) will be implemented.

H. No flight operations shall occur within 5 NM of an airport, nor shall flight 

operations occur over open assemblies of people, congested roadways, 

densely populated areas, air shows, or other restricted areas.

I. The UAS will always operate at a minimum of 500 feet from any 

nonparticipating (non- essential flight personnel) persons and UAS 

operations shall cease should a nonparticipant be closer than 500 feet to 

the UAS.

J. All operations will be conducted over private property with the full

permission of the property owner and the property owner will be briefed as 

to the flight parameters.
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K. Flight planning will include the termination of the flight with 20% battery 

remaining, as determined by the data link between the UAS and ground 

station.

L. The UAV will at all times give way to manned aircraft.

M. Prior to every flight, a highly visible banner with the words “UAS Ground 

Station” will be placed at the site of the ground station to allow an outside 

observer to determine the location of the UAS’s origin and command point.

N. All permits required by state and local governments will be obtained prior to

any operations.

O. No flight operations will occur without a successful pre-flight inspection by 

the PIC before each flight to determine that the UAS is in a condition for 

safe flight.

P. At the conclusion of each flight a post-flight inspection will be done to

assess the condition of the UAS.

Q. A full pre-flight check of the aircraft will be performed after every 2 hours of 

flight.

R. Replacement of parts shall only be done according to manufacturer’s 

instructions.

S. All flight operations will be logged in a flight logbook.

T. All maintenance done and inspections performed will be logged in a

maintenance log.

U. Check for software updates weekly and upload to UAS as needed to 

continually keep the UAS software as current as possible.
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APPENDIX B

rb.tv, inc. PRE-FLIGHT AIRCRAFT CHECKLIST

1. Inspect all propellers for proper tightness and that they are free of cracks, 

dings, chips and excessive wear.

2. Review rb.tv, inc. Flight Manual.

3. Review manufacturer’s user manual.

4. Inspect all wiring and motors.

5. Inspect the airframe for cracks or damage.

6. Inspect battery voltage of UAS on-board battery and Remote 

Controller/Transmitter battery to ensure there is sufficient energy in both 

systems for safe flight.

7. Recalibrate compass according to manufacturer’s instructions.

8. Always turn on Remote Controller/Transmitter before turning on UAS 

battery.

9. Ensure that a link between Transmitter and UAS is established and that 

GPS link is established.

10. Always create a safe controlled take off and landing area. 

11. Always establish an emergency landing point should an alternate landing 

spot be required in flight.

12. PIC Always confirm with VO your flight path and objectives

13. Engage throttle, lift aircraft off the ground and verify the aircraft responds 

properly to all inputs and hovers accurately. 

14. Power down UAS first upon landing.