1 Date: May 15, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CF R Part 21; 14 CFR 61.113(a) & (b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.11 9; 91.121; 91.151(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 ( a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the Reform Act) and 14 C.F.R Part 11, SBA Network Servi ces, LLC (SBA), a telecommunications firm, hereby applies for an exemption from the listed Fed eral Aviation Regulations (“FARs”) to allow commercial operation of its Small Unmanned Aircraft Systems (“UAS’s”) for aerial imaging for safety and monitoring inspections of wireless communicatio n tower sites/wireless infrastructure sites/cell towes, so long as such operations are conducted wit hin and under the conditions outlined herein or as may be established by the FAA as required by Sec tion 333.

As detailed in this document the requested exemptio n would permit the operation of UAS’s under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best practices safety protocols followed by SBA. Approval of this exemption would t hereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsi bilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333 (c) of the Reform Act

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The name and address of the applicant is: SBA Network Service, LLC.

Attn: Edward G Roach 8051 Congress Avenue Boca Raton, Florida 33487-1307

PH: 561-226-9256

Email: eroach@sbasite.com2 Regulations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)

14 C.F.R 91.103

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121 14 C.F.R. 91.151 (a) 14 C.F.R. 203 (a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b)

I. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA a uthority to issue exemptions. This statutory authority includes exempting civil a ircraft, as the term is defined under 40101 of the Act, including UAS’s, from the require ment that all civil aircraft must have a current

airworthiness certificate.

The Administrator may grant an exemption from a req uirement of a regulation prescribed under subsection (a) or (b) of this section or any sectio ns 44702-44716 of this title if the Administrator f inds the exemption ion the public interest. 49 U.S.C. 44 701(f) See also 49 USC 44711(a); 49 USC 44704; 14 CFR 91.203(a)(1).

Section 333(b) of the Reform Act assists the Secret ary in determining whether UAS’s may operate in the National Airspace System (NAS) w ithout creating a hazard to the user, the public, or a threat to national security. In making this de termination, the Secretary must consider:

(a) The UAS’s size, weight, speed, and operational capability; (b) Whether the UAS’s operates within the visual li ne of sight of the operator (c) Whether the UAS’s operated outside of highly po pulated areas and away from close proximity to airports.

Reform Act 333(a). If the Secretary determines that a UAS’s “may operate safely in the national airspace system, the Secretary shall establish requ irements for the safe operation of such aircraft in the national airspace system.” Id. 333(c).

SBA’s UAS’s are the DJI Phantom Series and DJI S900 multi-rotator vehicles, weighing 25 or fewer lbs. including payload. They operate under normal c onditions at a speed of no more than 22 KIAS and have the capability to hover, and move in the v ertical and horizontal plane simultaneously. The UAS’s will operate only in the pilot’s visual line of sight at all times. Such operations will insure that3 the UAS’s will “not create a hazard to users of the national airspace system or the public. “Reform Ac t Section 333 (b).

Given the small size of the UAS’s involved and the restricted environment within which they will operate our application falls squarely wi thin the zone of safety (an equivalent level of saf ety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS’s to commence immediately.

Also due to the small size of the UAS’s and the low altitudes and restricted areas in which our UAS’s will operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Ref orm Act, the authority contained in the Federal Aviation Act, as amended; the strong equiva lent level of safety surrounding the proposed operations, and the significant public benefit, inc luding enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly, SBA respectfully requests that the FAA grant the requested exemption without delay.

II. PUBLIC INTEREST

This exemption application is expressly submitted t o fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under Section 333 of the Reform Act. By granting an exemption the FAA will fulfill Congress’ intent of allowing UAS to operate with significant safety precautions in low risk environments.

The use of UAS’s for communication tower inspection s can significantly reduce the risk to workers of falls while conducting inspection of SBA owned comm unication towers. UAS’s can inspect, photograph, and collect data on hard to get to area s that otherwise would require worker inspection. Falls are the leading source of workplace fatality and injury on communication towers, and reducing falls through UAS’s use for site imaging could save workers lives.

III. EQUIVALENT LEVEL OF SAFETY

SBA proposes that the exemption requested herein ap ply to civil aircraft that have the characteristics and that operate with the limitatio ns listed herein.

SBA will be bound by the following limitations when conducting its UAS’s operations under an FAA issued exemption:

(a) The UAS’s will be less than 55 pounds. (b) Flights will be operated within visual line of sight of a pilot. (c) Maximum total flight time for each operational flight will be 25 minutes. The UAS calculates battery reserve in real time, and will r eturn to it ground station with at least 20% battery power reserve should that occur prior to th e 25 minute limit. (d) Flights will be operated at an altitude never t o exceeding 400 feet AGL.4

(e) Crew for each operation will consist of the UAS ’s pilot in command (PIC) who will keep the UAS’s within his visual line of sight at all times and a visual observer (VO) who will also keep the aircraft in sight at all times. (f) The UAS’s PIC will be trained in flight, operat ions, and safety procedures and will possess a commercial, private, recreational, or sport pilot c ertificate; the UAS’s pilot will also possess a

current FAA airman medical certificate or a valid U .S. driver’s license. (g) The UAS’s will only operate within a confined a rea. (h) A briefing will be conducted in regard to the p lanned UAS’s operations prior to each day’s production activities. It will be mandatory that al l personnel who will be performing duties within the boundaries of the safety perimeter be present f or this briefing. (i) All onsite personnel will consent to the UAS fl yover on site by waiver, and the operator will

obtain additional verbal or written consent of all persons who will be allowed within 100 feet of the flight operation. (j) The PIC will have been trained in operation of UASs generally and received up-to-date information on the particular UAS to be operated. (k) Written and/or oral permission from the relevan t property holders will be obtained. (l) All required permissions and permits will be ob tained from territorial, state, county, or city jurisdiction, including local law enforcement, fire , or other appropriate governmental agencies. (m)If the UAS’s loses communications or loses its G PS signal, it will have the capability to return to a pre-determined location within the Security Pe rimeter and land. (n) The UAS’s will have the capability to abort a f light in case of unpredicted obstacles or emergencies.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificat es 14 C.F.R 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, est ablishes the procedural requirements for the issuance of airworthiness certificates as required by FAR 91.203 (a)(1). Given the size and limited operating area associated with the aircraft to be u tilized by SBA, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part II and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C 44701 (f) a nd Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration o f the size, weight, speed, operational capability, an d proximity to airports and populated areas of the particular UAS. Our small UAS’s will be operated at low speed in a controlled environment, at least five miles from an airport. An analysis of these cr iteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted env ironment and under the conditions proposed will be at least as safe, or safer, than conventional aircraft (fixed wing or helicopter) operating with an

airworthiness certificate without the restrictions and conditions proposed. The UAS’s to be operated hereunder is less than 25 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flamma ble liquid fuels, and operates exclusively within a secured area. Like other civil aircraft, operations under this exemption will be tightly controlled an d monitored by the operator, and under the requiremen ts and in compliance with local public safety requirements, to provide security for the area of o peration as is currently done on active constructio n sites.5 These safety enhancements, which already apply to c ivil aircraft operated in connection with construction sites, provide a greater degree of saf ety to the public and property owners than conventional operations conducted with airworthines s certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criter ia demonstrates that there is no credible threat to national security posed by the UAS, due to its size , speed of operation, location of operation, lack o f explosive materials or flammable liquid fuels and t he inability to carry a substantial external payloa d.

14 C.F.R. 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, prov isionally certified aircraft, or light-sport catego ry aircraft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted”, “lightsport”, “experimental”, or “provisional”, near each entrance to a cabin, cockpit, or pilot station.

Even though the UAS will have no airworthiness cert ificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit, or pil ot station on which an aircraft registration number can be placed. Given the size of the UAS’s, two-inc h lettering will be impossible.

14 CFR 61.113 (a) & (b): Private pilot privileges a nd limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to n on-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operation s can achieve the equivalent level of safety of current operations by requiring the pilot operating the aircraft to have completed a UAS flight traini ng course of 100 hours before flying a UAS. Unlike a c onventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing or cargo on board. The area of operation is controlled and restricted, and all fli ghts are planned and coordinated in advance. The risks associated with commercial operations contemp lated by Part 61 when drafted, that allowing operations of the UAS’s as requested with a pilot w ho has met the minimum requirements exceeds the present level of s afety achieved by 14 C.F.R. 61.113 (a) & (b).

14 C.F.R. 91.7 (a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy conditio n. As there is no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and t he use of safety checklists prior to each flight an eq uivalent level of safety will be provided.

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual , marking, and placard requirements

The UAS, given its size and configuration has no ab ility or place to carry such a flight manual on the aircraft, not only because there is no pilot on boa rd, but because there is no room or capacity to car ry such an item on the aircraft.

The equivalent level of safety will be maintained b y keeping the flight manual at the ground control point where the PIC flying the UAS’s will have imme diate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.6 14 C.F.R. 91.103: Preflight Action

This regulation requires each PIC to take certain a ctions before a flight to ensure the safety of flig ht. An exemption is needed from this requirement as the PIC will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Pre flight Checklist in the Manual. These actions will provide an equivalent level of safety.

14 C.F.R. 91.109 Flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless th at aircraft has fully functioning dual controls.

By design, UAS’s and remotely piloted aircraft do n ot have fully functional dual controls. Flight cont rol is accomplished through the use of a control box th at communicates with the aircraft via radio communications. The equivalent level of safety prov ided by the fact that neither a pilot nor passengers will be carried in the aircraft, the abi lity to control the UAS’s via radio signals from th e controller, and by the size and speed of the aircra ft.

14 C.F.R. 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for opera tion of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimum s prescribed, provided the person operating the helicopter complies with any route or altitudes pre scribed for helicopters by the FAA. This exemption is for a multi-rotor craft that flies similarly to a helicopter, with vertical takeoff and vertical la nding, which will typically operate at altitudes of 200 AG L, so an exemption may be needed to allow such operations. The UAS will never operate at altitude higher than 400 AGL and will be in a restricted area with security perimeter, where buildings and p eople will not be exposed to operations without their pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it i s operated. No flight will be taken without the permission of the property owner or local officials . Because of the advance notice to the property owner and any onsite personnel, all affected indivi duals will be aware of the planned flight operation s.

Compared to flight operations with aircraft or roto rcraft weighing far more that the maximum 55 lbs. proposed herein and carrying flammable fuel, any ri sk associated with our operations of the UAS’s will ensure separation between these small UAS oper ations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. 91:121: Altimeter Settings

This regulation requires each person operating an a ircraft to maintain cruising altitude by reference to

an altimeter that is set “..to the elevation of the departure airport or an appropriate altimeter sett ing available before departure.” As the UAS’s may not h ave a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An e quivalent level of safety will be achieved by the operator, pursuant to the Safety Checklist, confirm ing the altitude of the launch site shown on the GPS altitude indication before flight.7 14 C.F.R. 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for b eginning a flight in VFR conditions. Our UAS is limited to operations in sterile and controlled env ironments as outlined above and has a limited range and flight time which require an exemption from 14 CFR 91.151 (a).

The battery powering the UAS’s provides approximate ly 25 minutes of powered flight. To meet the 20 minute reserve requirement in 14 CFR 91.151, UAS’s flights would be limited to approximately 15 minutes in length. Given the limitations on the UAS ’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night

VFR conditions is reasonable.

SBA believes that an exemption from 14 CFR 91.151 ( a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the smal l UAS, in a tightly controlled area where only people and property owners or official representati ves who have signed waivers will be allowed, with less than 25 minutes of reserve fuel, does not enge nder the type of risks that Section 91.151 (a) was intended to alleviate given the size and speed of t he small UAS. Additionally, limiting UAS’s flights to 15 minutes would greatly reduce the utility for whi ch the exemption will be granted.

An equivalent level of safety can be achieved by li miting flights to 25 minutes, or enough battery reserve to ensure that the UAS’s lands at the groun d station with at least 20% of battery power (as determined by the onboard monitoring system and the pilot), whichever happens first. This restriction would be more than adequate to return the UAS’s to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other opera tions, including Exemptions 2689F, 5745, 10673, and 10808.

14 CFR 91.203 (a) & (b): Carrying civil aircraft ce rtification and registration.

The regulation provided in part:

(a) Except as provided in 91.715, no person may ope rate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certif icate....

(b) No person may operate a civil aircraft unless h e airworthiness certificate required by paragraph (a) of this section or a special flight a uthorization issued under 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs. an d is operated without an onboard pilot. Therefore there is no ability or place to carry cer tification and registration documents or to display

them on the UAS’s.

An equivalent level of safety will be achieved by k eeping these documents at the ground control point where the pilot flying the UAS’s will have immediate access to them, to the8 extent they are applicable to the UAS’s. The FAA ha s issued numerous exemptions to this regulation. A representative sample of other exceptions include s Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR 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 betw een required inspections, except as provided in paragraph © of this section, have discrepancies rep aired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft i n 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 SBA. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Manual. An equivalent level of safety will be achieved because these small UASs are very limit ed in size and will carry a small payload and operate only in restricted areas for limited period s of time. If mechanical issues arise the UAS can land immediately and will be operating from no high er than 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance perf ormed. Moreover, the operator is the person

most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

If you have any questions concerning the applicatio n, please feel free to contact me at (561) 226-

9256 or eroach@sbasite.com . Thank you for your consideration in this most imp ortant matter.

Edward G. Roach VP, Associate General Counsel-Compliance SBA Network Services, LLC