VIVE MEDIA, LLC

PO Box 687

Folly Beach, SC 29439

June 30, 2015

U.S. Dept. of Transportation, Docket Operations

1200 New Jersey Avenue, SE

West Building Ground Floor, Room W12-140

Washington, DC 20590

Re: Vive Media, LLC - Petition for Exemption to Operate

Unmanned Aircraft Systems Pursuant to Section 333 of the 

FAA Reform Act, and Part 11 of the Federal Aviation 

Regulations from: 14 CFR 61.113(a) and (b); 91.103; 91.119(c); 

91.121; 91.151(a); 91.405(a);

91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (b).

Dear Sir or Madam:

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

“Reform Act”) and 14 C.F.R. Part 11, Vive Media, LLC an operator of Unmanned 

Aircraft Systems (“UASs”) for aerial photography and videography with the 

purpose of creating real estate, yacht, resort, charitable, and event marketing 

photo and video media, hereby applies for an exemption from the Federal 

Aviation Regulations (“FARs”) to allow commercial operation of its UASs.

Attached additionally are the UAS manufacturer’s user manual, release notes,

disclaimer, and safety guidelines.

HD photo and video from variable low level angles using the UAS specified 

below are far more desired, and effective than ground-based imagery. And 

further, is safer than utilizing a manned aircraft of significantly greater 

proportions, carrying crew and flammable fuel. The benefits of reduced cost, 

reduced noise interference and improved quality of presentation from the UAS 

will be greatly beneficial to many real estate, film, private property owners,

hospitality professionals, as well as charities. These industries will benefit from 

this low cost solution by increasing awareness of their offerings, and traffic to

their locations. Thereby attracting more revenue to business and property, and

increasing taxable opportunities. Under virtually all circumstances, all of the only 

property or structures near the n sites are owned and operated by the same 

entity. Any complaint from a third party member of the public complaining of even 

a hint of invasion of privacy, founded in fact or not, and even within the private 

boundaries of the specific land parcel owner, and with the camera lens facing 

inward and focused only onto an owners parcel, will instantly be honored, 

resulting in immediate termination of aerial operations.
Petitioner will operate the following UAS: DJI Inspire 1

Name and address of the applicant:

Vive Media, LLC Attn: Matthew Coda

Phone: 703-409-5544 

Email: Matt@vive-media.com

Address: PO Box 687, Folly Beach, SC 29439

Regulations from which the exemption is requested:

14 CFR 61.113(a) and (b)

14 C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151(a) 14 CFR 

91.405(a) 14 CFR 407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a) and (b)

Petitioner will operate the following UAS:

DJI Inspire 1

UASs operated by Vive Media, LLC weigh less than 55 pounds, including the 

payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 

50 knots, can hover, and simultaneously move vertically and horizontally. Vive 

Media, LLC will only operate its UASs in line of sight and will operate only within 

the sterile area. Such operations will insure that the UAS will “not create a hazard 

to users of the national airspace system or the public.” Given the small size of 

Vive Media, LLC's UASs and the restricted sterile environment within which they 

will operate, Vive Media, LLC's UAS operations adhere to the Reform Act’s 

safety requirements. Additionally, due to the size of the UASs and the limited 

areas in which they will operate, approval of this application presents no national 

security issues. Based on the substantial level of safety surrounding the 

proposed operations, and the significant public benefit (enhanced safety), 

reduction in environmental impacts (reduced emissions and noise), the grant of 

the requested exemption is in the public interest. Accordingly, Vive Media, LLC

respectfully requests that the FAA grant the requested exemption without delay.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by Vive Media, LLC provide for at least an 

equivalent or higher level of safety than when using conventional passenger

carrying aircraft for photography and videography.

1. The UASs will weigh less than 55 pounds

2. Flights will be operated within line of sight of a UAS, pilot and/or observer.
3. Maximum flight time for each operational flight will be 20 minutes. Flights 

will be terminated at 25% battery power reserve should that occur prior to 

the 20 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. UAS will be fitted with propeller guards to enhance the safety of 

surrounding personnel.

6. Minimum crew for each operation will consist of the UAS Pilot, the Visual 

Observer, and the Camera Operator.

7. A UAS pilot will be registered with FAA and pass an approved FAA 

Aeronautical knowledge exam when it becomes available.

8. A UAS Pilot will be Pilot in Command (PIC).

9. The UAS will only operate within a confined “Sterile Area”. Requiring the 

establishment of a “Security Perimeter” for the flight operations area.

10.A briefing will be conducted for planned UAS operations prior to each 

day’s flight. All personnel performing duties within the boundaries of the 

safety perimeter are required to attend. 

11.The operator will obtain consent of all persons involved in the 

photography/recording and ensure that only consenting persons will be 

allowed within 10 feet of the flight operation, in accordance with equivalent 

level of safety determination with the advanced permission of the project 

manager, operations at closer range can be approved.

12.The Pilot and observer must be trained in UAS operations and have 

received current information on the particular UAS to be operated.

13.The Observer and pilot will at all times be able to communicate by voice, 

radio and/or text.

14.Written and/or oral permission from the relevant property holders will be 

obtained.

15.All required permissions and permits will be obtained from territorial, state, 

county, or city jurisdictions, including local law enforcement, fire, or other 

appropriate governmental agencies.

16.If the UAS loses communications or loses its GPS signal, the UAS will 

have “failsafe” capabilities to return to a pre-determined location within the 

Security Perimeter and land.

17.The UAS is equipped with alarm triggers to notify PIC of stage one battery 

decrease, making the PIC aware of near 25% reserve.

18.Failsafe for low battery (25%) will also trigger a return to secure 

destination procedure.

19.The UAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 14 C.F.R. § 61.113(a) and (b): Private Pilot

Privileges and Limitations:

Pilot in Command Sections 61.113 (a) and (b) limit private pilots to noncommercial operations. Because the UAS will not carry a pilot or passengers, the 

proposed operations can achieve the equivalent level of safety of current 

operations by requiring the PIC operating the aircraft to have a private pilot’s 
license rather than a commercial pilot’s license to operate a small UAS. Unlike a 

conventional manned aircraft, a UAS is remotely controlled by a ground-based 

operator. The operational area is controlled and restricted, and all flights are 

planned and coordinated in advance. The level of safety exceeds that provided 

by a single individual holding a commercial pilot’s certificate operating a 

conventional aircraft. The risks associated with the use of a UAS are so 

diminished from the level of risk associated with commercial operations 

contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceeds 

the present level of safety sought by 14 C.F.R. §61.113 (a) and (b). 14 C.F.R. § 

91.103: Preflight Action Section 91.103 requires each pilot to preflight an aircraft 

before flight to insure the safety of flight. As FAA approved rotorcraft flight 

manuals will not be used, an exemption is requested. However, an equivalent 

level of safety will be provided. The PIC will take all actions, including reviewing 

weather, flight battery requirements, landing and takeoff distances, and aircraft 

performance data before commencement of flight. 14 C.F.R. §91.119(c): 

Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation of 

civil aircraft. Section 91.119 provides, in pertinent part, that: “except when 

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

following altitudes: ..... (c) Over other than congested areas. An altitude of 400 

feet above the surface, except over open water or sparsely populated areas. In 

those cases, the aircraft may not be operated closer than 400 feet to any person, 

vessel, vehicle, or structure.” Because Vive Media, LLC requests authority to 

operate at altitudes only up to 400 AGL an exemption is needed to allow such 

operations. The UAS will never operate higher than 400 AGL. It will, however, be 

operated in a restricted area within a security perimeter, where buildings and 

people will not be exposed to operations without their pre- obtained consent. The 

equivalent level of safety will be achieved given the size, weight, and speed of 

the UAS as well as the location where it is operated. No flight will be taken 

without the permission of property owners or local officials. Because of the 

advance notice to the property owners and participants in the filming activity, all 

affected individuals will be informed of the planned flight operations. Compared 

to flight operations for manned aircraft and the lack of flammable fuel, any risk 

associated with the proposed UAS operations is far less than conventional 

aircraft operating at or below 400 AGL. In addition, the low-altitude operations of 

the UAS will ensure separation between a UAS and conventional aircraft.

14 C.F.R. §91.121 Altimeter Settings

Section 91.121 requires each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “...to the elevation of the departure 

airport or an appropriate altimeter setting available before departure.” As a UAS 

may not have a barometric altimeter, but instead a GPS altitude data, an 

exemption is needed. An equivalent level of safety will be achieved by the 

operator, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight.
14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) 

there is enough fuel to fly to the first point of intended landing, and, assuming 

normal cruising speed – (1) During the day, to fly after that for at least 30 minutes

. . . .”

The battery powering the Vive Media, LLC UASs provides approximately 25 

minutes of powered flight. To meet the 20-minute reserve requirement in 14 CFR 

§91.151, UAS flights will be limited to approximately 10 minutes in length. Given 

the limitations on the UAS’s proposed flight area and its proposed operations 

within a predetermined location, a longer time frame for flight in daylight VFR 

conditions is reasonable. Furthermore, operating the UASs in a tightly controlled 

area where only people, property owners, or official representatives who have 

signed waivers will be allowed, less than 20 minutes of reserve fuel does not 

engender the type of risk that §91.151(a) was intended to address. 

Vive Media, LLC believes that safety can be achieved by limiting flights to 10 

minutes or 25% of battery power, whichever occurs first. This restriction would be 

more than adequate to return the UAS to its pre-determined landing zone from 

anywhere in its limited operating area. 

Vive Media, LLC is not seeking an exemption for nighttime UAS operations. 14 

C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections These regulations require that an aircraft operator or owner shall 

“have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to Vive Media, LLC’s operations. 

Maintenance will be accomplished by the operator. An equivalent level of safety 

will be achieved because the UASs are limited in size, will carry a small payload 

and operate only in restricted areas for limited periods of time. If mechanical 

issues arise, the UAS can land immediately and will be operating from no higher 

than 400 feet AGL. The operator will ensure that the UAS is in working order 

prior to flight, perform any required maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with 

the UAS and best suited to maintain it in an airworthy condition.

Summary for Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication 

in the Federal Register, should it be determined that publication is needed:
Vive Media, LLC seeks an exemption from the following rules: 14 C.F.R. §§ 

61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 

91.409(a)(2); and 91.417(a) and (b) to operate commercially a small unmanned 

vehicle (55 pounds or less) for aerial photography and videography with the 

purpose of creating real estate, yacht, resort, charitable, and event marketing 

photo and video media.

As established by the UAS exemptions already granted by the FAA, allowing 

commercial operations of UASs in the real estate and film industry will enhance 

safety by reducing risk. Conventional film operations, using turbine aircraft, 

operate at low altitudes and present the risks associated with aircraft that weigh 

around 4,000 pounds, and which carry large amounts of Jet A fuel. Such aircraft 

must also fly to and from the film location. In contrast, a UAS weighing fewer than 

55 pounds and powered by batteries eliminates virtually all of that risk given the 

small size and lack of combustible fuel. The UAS is carried, and not flown, to a 

film set. In this regard, the UAS carries no passengers or crew and, therefore, will 

not expose them to the risks associated with manned flights. 

The operation of UASs conducted will provide an effective level of safety 

supporting the grant of the exemption requested herein. The UASs operate at 

slow speeds, close to the ground, and in a sterile environment. As a result, they 

are far safer than conventional operations conducted with turbine helicopters 

carrying fuel and flying near the ground and people. 

Privacy

All flights will occur over private or controlled access areas with the property 

owner’s prior consent and knowledge. Filming will be only of people who have 

given their consent or otherwise have agreed to be in the area where filming will 

take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 

(size, weight, speed, operating capabilities, proximity to airports and populated 

areas and operation within visual line of sight and national security) provide more 

than adequate justification to grant Vive Media, LLC's requested exemption, 

allowing for Vive Media, LLC's UAS commercial operations for aerial 

photography and videography with the purpose of creating real estate, yacht, 

resort, charitable, and event marketing photo and video media.

If you have any questions or need any additional information, please contact 

Matthew Coda at 703-409-554 or at Matt@vive-media.com. 

Truly thankful, 

Matthew Coda

Director of Operations Vive Media, LLC.