April13, 2015 

United States Department of Transportation 

Federal Aviation Administration 

Docket Management System 

1200 New Jersey Avenue, NE 

Washington, DC 20590 

Filed in www.regulations.gov 

AkinGump 

STRAUSS HAUER & FELD LLP 

GREGORY 5. WALDEN 

+1 202.887.4213/fax: +1 202.887.4288 

gswalden@akingump.com 

Re: Petition for Exemption oflnterMedia Development Corp, d/b/a AERO, under 

Section 333 of the FAA Modernization and Reform Act, 49 U.S.C. 44701(f), and 14 

C.F.R. Part 11 

On behalf oflnterMedia Development Corp ("IDC"), d/b/a AERO, 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) of the 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 S 1000 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 and photogrammetry 

• 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 FAA to grant this petition in summary fashion, and obviate Federal Register 

publication and public 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 Hampshire Avenue, N.W. 1 Washington, D.C. 20036-1564 1202.887.4000 1 fax 202.887.4288 I akingump.com 
InterMedia Development Corporation 

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 of our clients and sponsors, while forging new opportunities borne of innovation 

and collaborative partnerships. 

The name of the 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's web address is www.idc-tv.com. 

Exemptions requested 

14 C.F.R. Part 21 (airworthiness certification) 

14 C.F.R. Part 27 (normal category rotorcraft) 

14 C.F.R. 61.113 (a) and (b) (pilot certification 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 certification inspection) 

14 C.F.R. 91.417(a) and (b) (maintenance records) 

Safety equivalence or no adverse effect on safety 

Unmanned Aerial Vehicles 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 of a loss of GPS signal, 

the UA V will lock in its position and automatically go to ATTI mode and remain 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 

controlled way. 

All of the UAVs intended for use contain a power storage monitoring system and fail-safe modes 

to force controlled landing before the power supply drops below operational levels. Should there 

be a loss of power, the aircraft are designed to perform a vertical hard landing with propellers 

providing stabilizing resistance during descent. 

If the UA V encounters an unexpected obstacle, the pilot will either divert the flight or maintain 

the UA V in a safe hover position away from the obstacle. 
InterMedia Development 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 subject to such conditions. 

Each UA V (with payload) is less than 55 pounds, carry no explosive materials or flammable 

liquid fuels, and would operate outside controlled airspace, with no passengers or crew on board. 

As the FAA has found in granting an exemption to Clayco, Exemption No. 11109, at page 10: 

The limited weight significantly reduces the potential for harm to participating and 

nonparticipating individuals or property in the event of an incident or accident. The risk 

to an onboard pilot and crew during an incident or accident is eliminated with the use of a 

U A V for the aerial operations. 

For the reasons outlined above, IDC also seeks an exemption from the certification requirements 

for normal category rotorcraft 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 if the inspection reveals a condition 

that adversely affects the safety of operations, and will not operate that UAV until it is found to 

be in a safe condition. Any UA V that has undergone maintenance or an alteration that 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 UA V logbook, including total flight hours, description of 

work accomplished, and the signature of the UAV technician who returned the UAV to service. 1 

IDC's UAVs are equipped with an altimeter that provides the pilot with a constant digital display 

of altitude. Moreover, the UAVs will be operated within the visual line of sight of the 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 if the pilot command 

1 Manufacturer and operating manuals will be provided separately. 
InterMedia Development Corporation 

Petition for Exemption 

Aprill3, 2015 

Page 4 of7 

input is in-conflict, or if communication with the remote control transmitter fails. Accordingly, 

IDC does not believe an exemption from 14 C.P.R. 91.121 is required. 

In support ofiDC's request for an exemption from fuel requirements in 14 C.P.R. 91.151(a) and 

(b), IDC notes that its UA V is battery-powered and is operated for brief periods of time, within 

the battery capacity of the U A V. 

The remote control transmitter/receiver combinations will work within the 2.4 GHz and 5.8 Ghz 

FCC-approved ranges. 

UA V and UAS Operator Qualifications 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 

achieved by the UA V -specific experience of its Pilots. Each IDC pilot will 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 of a U A V operator to hold an airman certificate, relying on section 44 711. Section 

333 is a more recent enactment and provides explicit authority to the FAA to exempt a UA V 

operator from any certification requirement. Section 333 instructs the FAA to consider whether 

to require airworthiness certificates, certificates of waiver, and certificates of authorization, "at a 

minimum." Thus, Congress vested FAA with discretion to waive certificate requirements other 

than an airworthiness certificate, including an airman and medical certificates. 

Even if the pilot certification requirement is not waived, FAA has exemption authority under 

section 44 701 (f) to exempt UA V operators from the particular requirements of Parts 61 and 67 -

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

certification requirements specifically designed for small UA V operations. Applying manned 

aircraft pilot certification requirements to small UAVs is not necessary as a matter of safety, and 

does not make sense as a matter of public 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 of UAVs for closed set filming, set 

forth below (emphasis added), applies equally to the nature of its UAS operations: 

[T]he experience obtained beyond a private pilot certificate in pursuit of a 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 safety factor 

for the limited operations proposed by the petitioner to be the airmanship skills acquired 

through VAS-specific flight cycles, flight time, and specific make and model experience, 

culminating in verification through testing. 
InterMedia Development Corporation 

Petition for 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 will be focused on the particular skills of operating the particular small U A V and the 

particular nature ofUAS operations. 

IDC notes that the FAA has proposed in its recent sUAS Notice of Proposed 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 exemption relief to 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 such relief, IDC will employ a suitably certificated private pilot. 

UA V and UAS Operating Parameters 

IDC will operate its UA V s 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 2 km of the operator. 

All flights will be conducted within the visual line of sight of the 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 or organization requires data from higher altitudes, or where the terrain below 

would require extreme maneuvers to comply with the altitude restriction. However, in such rare 

cases, appropriate pre-flight site surveys would be undertaken (where possible) to minimize any 

risk of collision 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 of Authorization if required. Thus, these rare and brief operations at an altitude over 

400 feet AGL will pose no risk to manned aircraft. Accordingly, IDC requests that standard term 

4 be revised to permit IDC to operate its UAVs higher than 400 feet AGL when authorized by 

Air Traffic Control. 

IDC will also notify the appropriate Flight Standards District Office "("FSDO") and Air Traffic 

Control for any operation within five miles of an airport. 

IDC will conduct a briefing before each day's operations, which all personnel participating in the 

operations must attend. IDC will obtain written consent of any 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 adjacent buildings or structures. 
InterMedia Development Corporation 

Petition for Exemption 

Aprill3, 2015 

Page 6 of7 

IDC will limit its operations to daytime Visual Flight Rules ("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 other than populated or congested, and not closer than 500 feet to any person, 

vehicle, or structure. These requirements were adopted with fixed-wing, manned aircraft 

operations in mind. 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 open air assembly of persons. 

IDC will make every reasonable effort to ensure that no unauthorized person will be on the land 

over which the 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 UA V s will be operated. Combined with the technological capabilities 

of the UAVs and that the UAVs will be operated within the visual line of sight of the pilot and an 

observer, IDC submits that its operational limitations provides an equivalent level of safety to 

that provided in section 91.119. 

For news gathering operations as well as for emergency services support, IDC seeks a revision to 

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 risk to persons on the ground. 

Public interest 

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 on the use-case, these scenarios may include: 

• aerial cinematography or photography (in support of government, commercial or nonprofit organizations) 

• the gathering of sensor data to document or provide real-time awareness of potential 

radiologic or biohazards present in an operational area, 

• traffic or construction monitoring, 

• ecological, agricultural or land management surveying, 

• infrastructure surveying and improvement, 
InterMedia Development Corporation 

Petition for Exemption 

April 13, 2015 

Page 7 of7 

• area-specific communications (specifically FM radio, Wi-fi, and cellular- in accordance 

with existing FCC guidance). 

Additionally, news-gathering organizations that would normally utilize fixed cameras, mobile 

ground camera crews, or manned aircraft in support of their 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 of interest. 

Operating U A V s under the limitations proposed by IDC will avoid any risk of harm to pilots as 

well as persons and people on the ground that would be present during the operation of manned 

helicopters. UAS operations will also require a much smaller energy footprint than with manned 

helicopters. 

Operations limited to the United States 

IDC does not intend to operate its UAVs outside ofthe United States. 

Summary for Federal Register 

Should the FAA determine that publication of a summary is required, IDC submits the following 

summary to be included in the Federal Register: 

IDC seeks an exemption to operate the DJI Inspire 1, S800, S900, S 1000, and Phantom 

unmanned aircraft systems, and the Arris and Tarot unmanned aircraft systems, all with 

DJI flight controllers, to perform commercial and emergency services. 

Sincerely,