April13, 2015 United States DepartmentofTransportation Federal Aviation Administration DocketManagement System 1200NewJerseyAvenue,NE Washington, DC 20590 Filedin www.regulations.gov 

# AkinGump

STRAUSS HAUER & FELD LLP

GREGORY 5. WALDEN +1 202.887.4213/fax: +1 202.887.4288 gswalden@akingump.com

Re: Petitionfor ExemptionoflnterMediaDevelopment Corp, d/b/aAERO, under Section 333 ofthe FAAModernization and Reform Act, 49 U.S.C. 44701(f), and 14 C.F.R. Part 11 OnbehalfoflnterMediaDevelopment Corp ("IDC"), d/b/aAERO, we hereby seek an exemption from certain Federal Aviation Regulations enumerated below, as authorized by Section 333 of the FAA Modernization and Reform Act ("Section 333"), Subsection 44701(f) ofthe Federal Aviation Act, and pursuant to the procedures set forth in Part 11 of the Federal Aviation Regulations, to allow IDC to operate the Inspire 1 quadcopter, the Phantom quadcopter, and the S800, S900, and S1000 hexacopters, all manufactured by DJI; and two vehicles assembled by IDC

- both with DJI flight controllers

- the Arris hexacopter and the Tarot quadcopter, to provide:

• Aerial cinematography services • News gathering services • Aerial sensor data collection • Aerial surveying andphotogrammetry • Aerial communications services (Wi-fi hotspot, FM radio transmission, VHF radio repeater, cellular) • Airborne emergency services support (reconnaissance and communications) Except in two respects as explained below, IDC will comply with the same conditions and limitations as provided in numerous section 333 exemptions granted recently. Accordingly, we respectfully ask the FAAto grant this petition in summary fashion, and obviate Federal Register publicationandpublic comment. IDC provides television and digital media production services, communications systems design and engineering, and mobile app development services to government and commercial

RobertS. Strauss Building 11333 New HampshireAvenue, N.W. 1 Washington, D.C. 20036-1564 1202.887.4000 1 fax 202.887.4288 Iakingump.comInterMedia DevelopmentCorporation Petition for Exemption April13, 2015 Page 2 of7 organizations. The company was founded in 1996, as a documentary television producer, and later expanded into defense contracting to provide mission-critical technical (SME) support to DOD agencies: USSOCOM, USASOC, Army PSYOP, CENTCOM, NAVAIR, USAF and other organizations. The company's focus is on integrating emerging technologies to fill existing requirements ofour clients and sponsors, while forging new opportunities borne ofinnovation and collaborativepartnerships. The name ofthe applicant is InterMedia Development Corp d/b/a AERO. The primary IDC contact is Mr. Joel Ratner, 4000 Legato Road, Suite 1100, Fairfax, Virginia 22033. Telephone is 703-896-7722. His email isjoel@idc-tv.com and IDC'sweb address is www.idc-tv.com. Exemptions requested 14 C.F.R. Part21 (airworthiness certification) 14 C.F.R. Part27 (normal categoryrotorcraft) 14 C.F.R. 61.113 (a) and (b) (pilotcertification and qualification) 14 C.F.R. 91.7(a) (airworthiness) 14 C.F.R. 91.119(b) and (c) (minimum safe altitudes) 14 C.F.R. 91.151(a) and (b) (fuel requirements in VFR conditions) 14 C.F.R. 91.405 (a) and (b) (maintenance) 14 C.F.R. 91.407(a)(1) (approval for return to service) 14 C.F.R. 91.409(a) (annual and airworthiness certificationinspection) 14 C.F.R. 91.417(a) and (b) (maintenance records)

Safetyequivalenceornoadverse effectonsafety UnmannedAerialVehicles and Systems The DJI flight controller, the common control platform in the listed devices, has a number of technological capabilities to demonstrate its airworthiness. In the event ofa loss ofGPS signal, the UAV will lock in its position and automatically go to ATTI mode andremain stable. Loss of connection to the remote control transmitter (or software navigation controller) causes the vehicle to immediately achieve a preset altitude, and then return to its home point and land in a controlledway. All ofthe UAVs intended for use contain apower storage monitoring system and fail-safe modes to force controlled landing before the power supply drops below operational levels. Shouldthere be a loss ofpower, the aircraft are designed to perform a vertical hard landing with propellers providing stabilizingresistance during descent. Ifthe UA V encounters an unexpected obstacle, the pilot will either divert the flight or maintain the UA V ina safe hoverposition away from the obstacle.InterMediaDevelopment Corporation Petition for Exemption April 13, 2015 Page 3 of7

Given its small size, operational capabilities, and restricted area in which the UAV will operate, an exemption from Part 21, Subpart H, Airworthiness Certificates, and 14 C.F.R. 91.7(a), is warranted, as IDC's UAV satisfies the equivalent level of safety as compared with manned aircraft and meets the criteria in section 333. Operating the UAV without an airworthiness certificate in the restricted environment over vacant private property under the conditions proposed will be safer than operating a manned helicopter operating with an airworthiness certificate and not subjectto such conditions. Each UAV (with payload) is less than 55 pounds, carry no explosive materials or flammable liquid fuels, and would operate outside controlled airspace, withno passengers or crew onboard. As the FAAhas found in granting an exemptionto Clayco, ExemptionNo. 11109, atpage 10: The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event ofan incident or accident. The risk to an onboard pilot and crewduring an incident or accident is eliminated withthe use ofa UAV for the aerial operations. For the reasons outlined above, IDC also seeks an exemption from the certificationrequirements for normal categoryrotorcraft in Part 27. In support of IDC's request for an exemption from 14 C.F.R. 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b), IDC will adhere to the following inspection and maintenance program: IDC will inspect the UAV before and after each operation, as well as perform daily, weekly, monthly, and annual inspections, as set forth in its operations manual. Before each flight, the pilot in command will inspect the UAV to ensure it is in a safe condition for flight. The preflight inspection will account for any discrepancy, such as an inoperable component, item, or equipment. IDC will not initiate a flight ifthe inspectionreveals a condition that adversely affects the safety ofoperations, and will not operate that UAV until it is found to be in a safe condition. Any UAVthathas undergone maintenance or an alterationthat affects the UAV's operation or flight characteristics will undergo a functional flight test before return to service. IDC will follow the manufacturer's UAV requirements relating to components, maintenance, overhaul, replacement, inspection and life limits. IDC will record all maintenance, alterations, and the functional flight test in the UAV logbook, including total flight hours, description of work accomplished, and the signature ofthe UAV technician who returnedthe UAV to service. 1 IDC's UAVs are equipped with an altimeterthatprovides the pilotwith a constantdigital display ofaltitude. Moreover, the UAVs will be operated within the visual line ofsight ofthe pilot in command and observer and below 400 feet AGL. 

### In addition, the flight controllers are programmed not to allow the aircraft to exceed the 400 feet ceiling, even ifthe pilot command

1Manufacturer and operatingmanuals will be provided separately.InterMedia DevelopmentCorporation Petition for Exemption Aprill3, 2015 Page 4 of7 input is in-conflict, or ifcommunication with the remote control transmitter fails. Accordingly, IDC does notbelieve an exemption from 14 C.P.R. 91.121 is required. In support ofiDC'srequest for an exemption from fuel requirements in 14 C.P.R. 91.151(a) and (b), IDC notes that its UAV is battery-powered and is operated for briefperiods oftime, within the battery capacity ofthe UA V. The remote control transmitter/receiver combinations will work within the 2.4 GHz and 5.8 Ghz FCC-approvedranges. UAV and UAS OperatorQualifications and Training In support of IDC's request for an exemption from the pilot certification and qualifications requirements in 14 C.P.R. 61.113(a) and (a), IDC asserts that an equivalent level of safety is achievedbythe UAV-specific experience ofits Pilots. Each IDC pilotwill receive a commercial UAS training course and then receive flight training using the DJI Phantom, Inspire 1, S800, S900, SlOOO, Tarot and/or Arris UAS. IDC recognizes the FAA's position that section 333 does not allow the FAA to waive the requirement ofa UAV operator to hold an airman certificate, relying on section 44711. Section 333 is a more recent enactment and provides explicit authority to the FAA to exempt a UAV operator from any certification requirement. Section 333 instructs the FAA to consider whether to require airworthiness certificates, certificates ofwaiver, and certificates ofauthorization, "ata minimum." Thus, Congress vested FAA with discretion to waive certificate requirements other than an airworthiness certificate, including an airman and medical certificates. Even ifthe pilot certification requirement is not waived, FAA has exemption authority under section 44701(f) to exempt UAV operators from the particularrequirements ofParts 61 and 67

- such as the requirement to conduct flight training on board an aircraft

- and develop airman certification requirements specifically designed for small UAV operations. Applying manned aircraft pilot certificationrequirements to small UAVs is not necessary as a matter ofsafety, and does notmake sense as amatter ofpublic policy. IDC believes that FAA's determination in the Astraeus Aerial and other exemptions that a commercial pilot certificate is not required for the operators ofUAVs for closed set filming, set forth below (emphasis added), applies equally to the nature ofits UAS operations: [T]he experience obtained beyond a private pilot certificate in pursuit ofa commercial pilot certificate in manned flight does not necessarily aid a pilot in the operational environment proposed by the petitioner; the FAA considers the overriding safetyfactor for the limitedoperationsproposedby thepetitioner to be the airmanship skills acquired through VAS-specificflight cycles,flight time, andspecific make andmodel experience, culminating inverificationthroughtesting.InterMedia DevelopmentCorporation Petitionfor Exemption April 13, 2015 Page 5 of7

IDC believes this reasoning supports a UAVIUAS-focused training and experience regimen that should obviate not only a commercial pilot certificate but also a private pilot certificate because any training willbe focused onthe particular skills ofoperatingthe particular small UAV and the particularnature ofUAS operations. IDC notes that the FAA has proposed in its recent sUAS Notice ofProposed Rulemaking that a small UAS operator would be required to successfully complete an aeronautical knowledge test, but would not be required to obtain a commercial or private pilot certificate. Also, medical certification would be obviated by a pilot's self-certification before flight that the pilot is physically and mentally fit to operate the UAS. Accordingly, the FAA should grant appropriate exemptionreliefto permit IDC to use pilots who have successfully completed commercial UAS training and have also gained flying experience using the DJI Phantom, Inspire 1, S800, Arris, or Tarot UAV. In the event the FAA does not grant suchrelief, IDC will employ a suitably certificatedprivatepilot. UA V andUAS OperatingParameters IDC will operate its UAVs in full compliance with any local permit or safety ordinance, in accordance with its manual. IDC's typical flight will be operated under 400 feet AGL and within 2kmofthe operator. All flights will be conducted within the visual line ofsight ofthe pilot in command, within noncontrolled airspace, with the consent of any property owner and/or developer. Although the UAV may be operated in a metropolitan area, it will be controlled and monitored only by authorized personnel, and be flown below 400 feet AGL, except in rare occasions where a sponsoring agency ororganizationrequires datafrom higher altitudes, or where the terrain below would require extreme maneuvers to comply withthe altitude restriction. However, in suchrare cases, appropriate pre-flight site surveys would be undertaken (where possible) to minimize any risk ofcollision or any negative impact with any aircraft operations in that airspace, and in any event all such operations would be within the visual line of sight of the operator. For any operations over 400 feet AGL, IDC will coordinate with Air Traffic Control and obtain a Certificate ofAuthorization ifrequired. Thus, these rare and briefoperations at an altitude over 400 feet AGL will pose no riskto manned aircraft. Accordingly, IDC requests that standardterm 4 be revised to permit IDC to operate its UAVs higher than 400 feet AGL when authorized by AirTraffic Control. IDC will also notify the appropriate Flight Standards District Office "("FSDO") and Air Traffic Control for any operationwithin five miles ofan airport. IDC will conduct a briefing before each day's operations, which all personnel participating inthe operations must attend. IDC will obtain written consent ofany person who will be participating in the operations or otherwise be on the private property where operations are to take place. IDC will provide notice to any adjacentbuildings or structures.InterMediaDevelopment Corporation Petition for Exemption Aprill3, 2015 Page 6 of7

IDC will limitits operationsto daytimeVisual FlightRules ("VFR"). IDC seeks an exemption from the requirement in 14 C.F.R. 91.119, subsection (b), that an aircraft must remain at least 1,000 feet above any congested area or open air assembly of persons, and subsection (c), that an aircraft must remain at least 500 feet above any person or structure in an area otherthanpopulated or congested, and not closerthan 500 feet to any person, vehicle, or structure. These requirements were adopted with fixed-wing, manned aircraft operations inmind. While IDC may operate its UAVs in a metropolitan area, the operations will be carefully pre-planned to minimize risk to persons or property, avoid intrusion into unauthorized airspace, and avoid a public annoyance. Its UAVs will not be operated over a highly-congested area or openair assembly ofpersons. IDC will make every reasonable effort to ensure that no unauthorized person will be on the land over whichthe UAVs will be operated, and will provide notice to adjacent buildings and furnish proctors as may be necessary to ensure that unauthorized persons do not come within the narrow parameters in which the UAVs will be operated. Combined with the technological capabilities ofthe UAVs andthatthe UAVs will be operated withinthe visual line ofsightofthe pilotand an observer, IDC submits that its operational limitations provides an equivalent level of safety to thatprovidedin section 91.119. Fornews gathering operations as well as for emergency services support, IDC seeks arevisionto standard term and condition 27, which provides that "All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted." For news gathering and emergency services support operations, it would be impractical to require advance notice and approval from private property owners. Precautions outline above will be taken by IDC to minimize any riskto persons onthe ground. Publicinterest IDC's UAS operations will substantially benefit public and private organizations which have an interest in gathering critical information

- atmospheric, situational, etc.

- to support their operations. Depending onthe use-case, these scenarios mayinclude:

• aerial cinematography or photography (in support of government, commercial or nonprofitorganizations) • the gathering of sensor data to document or provide real-time awareness of potential radiologic orbiohazardspresentin an operational area, • traffic orconstruction monitoring, • ecological, agricultural orlandmanagement surveying, • infrastructure surveying and improvement,InterMediaDevelopmentCorporation Petition for Exemption April 13, 2015 Page 7 of7

• area-specific communications (specifically FM radio, Wi-fi, and cellular- in accordance withexisting FCC guidance). Additionally, news-gathering organizations that would normally utilize fixed cameras, mobile ground camera crews, or manned aircraft in support oftheir news operations, would be able to receive transmitted video via IDC's UAVs without risking air-crews during potentially hazardous situations, while minimizing intrusion into the airspace above the situation ofinterest. Operating UAVs under the limitations proposed by IDC will avoid any risk ofharm to pilots as well as persons and people on the ground that would be present during the operation ofmanned helicopters. UAS operations will also require a much smaller energy footprint thanwith manned helicopters. Operations limitedto the UnitedStates IDC does not intend to operate its UAVs outside oftheUnited States. Summary forFederalRegister Shouldthe FAAdetermine thatpublication ofa summary is required, IDC submits the following summaryto be included inthe Federal Register: IDC seeks an exemptionto operate the DJI Inspire 1, S800, S900, S1000, and Phantom unmanned aircraft systems, andthe Arris and Tarotunmanned aircraft systems, all with DJI flight controllers, to perform commercial and emergency services. Sincerely,