Ice 'le 

LE GA L COUN SEL 

November 9, 2015 

Arena District • 250 West Street i Suite 700 Columbus, OH 432 15-7509 

WRITER'S DIRECT NU IBER: {614) 462-5041 

DIRECT FAX: {614) 222-3473 

INTERNET: thomas.patnpush@icemiller.com 

United States Department of Transportation 

Federal Aviation Administration 

Docket Management System 

1200 New Jersey Avenue, NE 

Washington, DC 20590 

Filed in www.regulations.gov 

· Re: Petition for Exemption of Agile Network Builders, LLC under Section 333 of the 

FAA Modernization and Reform Act, 49 U.S.C. 44701(£), and 14 C.P.R. Part 11 

On behalf of Agile Network Builders, LLC ("Agile"), we hereby formally request an exemption 

from the requirements of 14 C.P.R. Part 21, Subpmt H and 14 C.P.R. §§61.23(a) and (c), 

61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(l), 91.405(a), 

91.407(a)(1), 91.409(a)(l) and (2), and 91.417(a) and (b) to operate a small urunanned aircraft 

systems ("sUAS") pursuant to Section 333 of the FAA Modernization and Reform Act ("Section 

333"). This exemption will permit Agile to operate its sUAS for the commercial purposes of 

conducting aerial video and photography as well as visual inspections of industrial structures 

including cell phone towers, rooftops, construction sites, fiber and/or oil and gas pipeline 

projects and other buildings in airspace regulated by the Federal Aviation Administration over 

various locations in the United States of America and its territorial waters. 

Agile requests permission to operate the DJI Phantom 3 Professional (the "Phantom 3") within 

the National Airspace System for hire and compensation. The Phantom 3 is a vertical takeoff and 

landing, urunanned aircraft with a ground control station utilizing electronic tablet or smart 

phone systems. It also has a maximum speed under 50 knots and weighs less than 7 pounds. No 

operation will be conducted within 5NM of an airport. Attached as Exhibit A to this document 

are the data specifications and the user manual to the Phantom 3. Similar exemptions utilizing 

such sUAS have been approved and deemed airwmthy. 

In accordance with 14 C.F.R §11.81, Agile provides the following information in support of its 

petition for exemption. 

Ice Miller LLP • Chicago Cleveland Columbus DuPage County, Ill. Indianapolis Washington, D.C. icemiller.com 

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Agile Network Builders, LLC Petition for Exemption 

November 9, 2015 

Page 2 

The name of the applicant is: 

Agile Network Builders, LLC 

Attn: Robert Brick, CEO 

Email: rbrick@agilenetworks.com 

Phone: 704-281 -3873 

Address: 213 Market Avenue N., Suite 310 

Canton, OH 44702 

Website: www.agilenetworks.com 

Exemptions requested 

14 CFR Section Summary of Regulation 

Part 21, Subpart H Airworthiness Certificates 

61.23(a) and (c) Medical Ce1tificate Requirements 

61.101(e)(4) and (5) Recreational Pilot Privileges 

61.113(a) Private Pilot Privileges 

61.315(a) Sp01t Pilot Privileges 

91.7(a) Airworthiness Ce1tificate 

91.119(c) Minimum safe altitudes 

91.121 Altimeter settings 

91.151(a)(l) Fuel requirements for flight in VFR conditions 

91.405(a) Maintenance required 

91.407(a)(l) Operation after maintenance 

91.409(a)(l) and (2) Inspections 

91.417(a) and (b) Maintenance records 

Reasons for requesting relief 

14 C.F.R. §§61.23(a), 61.101(e)(4) and (5), 61.113 (a), 61.315(a): MEDICAL CERTIFICATE 

REQUIREMENTS, RECREATIONAL, PRIVATE AND SPORT PILOT PRIVILEGES AND 

LIMITATIONS 

Agile's sUAS will not carry any persons on board. It will be remotely controlled and operated by 

a Pilot in Command ("PIC") holding either an airline transport, commercial, private, recreational 

or sport pilot certificate or other pilot certificate approved by the FAA in the future for sUAS 

operators ensuring that the PIC has the skills to safely operate the system in a ma1mer acceptable 

to the FAA. In addition, all PICs will have gone through guidance and training and meet certain 

flight-hour requirements, demonstrating that the PIC is able to safely operate the sUAS including 

evasive and emergency maneuvers, as well as maintaining appropriate distances from people, 

vessels, vehicles and structures prior to operating Agile's sUAS. All Agile operations will be 

controlled and limited. All flights will be coordinated ahead of time ensuring a level of safety 

that is in accordance with FAA requirements. 

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Agile Network Builders, LLC Petition for Exemption 

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Page 3 

14 C.F.R. Part 21, Subpart Hand 14 C.F.R. §91.7(a): AIRWORTHINESS CERTIFICATE 

These regulations require that no person may operate a civil aircraft unless it is in airworthy 

condition. Operating the sUAS without an airwmihiness certificate under the conditions 

proposed will be safer than operating a piloted aircraft operating with an airworthiness 

certificate. As there will be no airwmihiness cetiificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Agile believes that an equivalent level of safety can be achieved by following the sUAS 

manufacturer's operating documents. 

14 C.F.R. §91.119(c): MINIMUM SAFE ALTITUDES 

Agile's sUAS will never operate at an altitude greater than 400 feet above ground level unless 

other altitude limits are forthcoming by the FAA. The petitioner will operate the sUAS in a 

manner protecting the public and any consenting patiicipants, providing a level of safety at least 

equivalent to those in relation to minimum safe altitudes. 

14 C.F.R. §91.121: ALTIMETER SETTINGS 

Agile's sUAS has no altimeter settings. However, it does utilize electronic global positioning 

systems with a barometric sensor providing instantaneous telemetry to the PIC as to the altitude 

ofthe sUAS above the takeoff location. 

14 C.F.R. §91.151(a)(l): FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS 

Agile believes that an equivalent level of safety can be achieved by following the sUAS 

manufacturer's operating documents with regard to battery voltage. In order to achieve or exceed 

the level of safety, the PIC will not begin a flight unless (considering wind and forecast weather 

conditions) there is enough power to conduct the intended operation and to operate after that for 

at least 5 minutes. 

14 C.F.R. §§91.405(a), 91.407(a)(l); 91.409(a)(l) and (2); 91.417(a) and (b): MAINTENANCE 

INSPECTIONS 

Agile will have performed preventive and required maintenance on the sUAS as required by the 

manufacturer and/or FAA safety/service bulletins. If a mechanical event occurs the sUAS will 

land immediately. The PIC will make sure that the sUAS is in an airworthy condition prior to 

each flight operation. Agile will perform maintenance on its sUAS and will maintain thorough 

record keeping of any maintenance performed. 

Prior to each flight a preflight inspection will be conducted of the sUAS and Ground Control 

Station to ensure they are in such condition safe for flight. All discrepancies found during the 

preflight inspection will prohibit flight operations until the necessary maintenance has been 

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Agile Network Builders, LLC Petition for Exemption 

November 9, 2015 

Page 4 

performed and the sUAS is found to be in a condition for safe flight. All discrepancies, 

maintenance and alterations will be properly documented in the sUAS records. 

If the sUAS has undergone maintenance or alterations that affect the sUAS operation or flight 

characteristics there will be a functional flight test by the PIC and the PIC will make as 

appropriate entry in the aircraft records. All maintenance will follow the sUAS manufacturer's 

aircraft/component, maintenance, overhaul, replacement and inspection requirements. 

Each sUAS will comply with all manufacturer's safety bulletins. 

The operator will carry out its maintenance, inspections, and record keeping requirements in 

accordance with the manufacturer's operating documents. All maintenance, inspection, 

alterations and status of replacement/overhaul component parts will be noted in the sUAS 

records, including total time in service, description of work accomplished, and the signature of 

the authorized person returning the sUAS to service. 

Authorized persons will make entry in the . sUAS record of corrective action taken against 

discrepancies discovered between inspections. 

Public Interest 

Agile's sUAS operations will positively impact the general public: 

• Risk to technicians and nearby persons is reduced by eliminating the need to 

climb structures or use manned aircraft for photographing and visual inspections 

of elevated structures such as cell towers, other structures and rooftops. 

• Photography and inspections performed by sUAS are significantly faster than 

rope or ladder access photography and inspections, which means that assets can 

be put back into service sooner and with less risk to personnel. 

• Due to the affordability and flexibility of sUAS inspections, structures can be 

imaged and inspected more frequently, reducing the risk of a failure due to 

damage that occurs between inspection periods. 

Agile submits that proper safety will be ensured and can serve to benefit the genem/ public 

and pose no threat to national security. 

Agile will use experienced personnel or technicians to perform maintenance, alterations, or 

preventative maintenance on the sUAS using the methods, techniques and practices prescribed in 

the sUAS operating documents. Agile will document and maintain a maintenance record for its 

sUAS. 

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Agile Network Builders, LLC Petition for Exemption 

November 9, 2015 

Page 5 

Agile will utilize a PIC that holds either an airline transport, commercial, private, recreational, or 

sport pilot certificate (or other pilot certificate approved by the FAA in the future) for s U AS 

operations. The PIC will operate the sUAS within visual line of sight and use a visual observer at 

all times. All operations will be at a maximum of 400ft above ground level. The PIC will 

conduct pre-flight inspections with every flight; in addition a post-flight inspection will also be 

performed. To ensure further safety, no PIC will be allowed to operate the sUAS unless that PIC 

has met cetiain flight-hour requirements, demonstrating that the PIC is able to safely operate the 

sUAS including evasive and emergency maneuvers, as well as maintaining appropriate distances 

from people, vessels, vehicles and structures. Utilization of the built-in features in the Phantom 3 

such as flight telemetry and records will be logged. 

The structures proposed to be imaged and inspected by Agile are often inspected by workers via 

rope, ladder or crane, which is slow, costly, and dangerous. By inspecting these structures via 

sUAS, workers can remain on the ground, preventing injuries or deaths from accidental falls. 

Because sUASs require less time to perform these inspections, money can be saved by reducing 

the downtime of the asset during the inspection. Also, the site can be imaged and inspected more 

frequently, thus reducing the risk of catastrophic failure as a result of lengthy gaps between 

inspections. The FAA has recognized the safety benefits of operating sUAS in lieu of manned 

aircraft in previously granted exemptions under Section 333. 

The Phantom 3 also has numerous safety features such as 'Failsafe mode', which provides for 

automatic landing should the signal between PIC and the sUAS be interrupted, as well as GPS 

based altitude and distance locks, flight limit functions and low battery warnings. 

Agile's proposed commercial operations would not implicate any privacy issues. The sUAS will 

be operated in compliance with property owners, as well as any local law enforcement requests 

or notifications, if applicable, and in accordance with the Federal Aviation Regulations from 

which exemption is not granted. 

Summmy for Federal Register 

Agile submits the following summary to be included in the Federal Register, should the FAA 

determine that publication of a summary is required. 

Agile seeks an exemption from the requirements of 14 C.F.R. Part 21, Subpart Hand 14 

C.F.R. §§61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(l), 91.405(a), 91.407(a)(l), 91.409(a)(1) and (2), and 91.417(a) and (b) 

to operate a small unmanned aircraft system for the commercial purposes of conducting 

aerial video and still photography as well as visual inspections of industrial structures 

including cell phone towers, rooftops, constructions sites, fiber and/or oil and gas 

pipeline projects and other buildings and other structures in airspace regulated by the 

Federal Aviation Administration over various locations in the United States of America 

and its territorial waters. 

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Agile Network Builders, LLC Petition for Exemption 

November 9, 2015 

Page 6 

Operations Limited to the United States 

This petition is intended to cover only Agile's operation of sUAS within the United States and its 

territorial waters. 

Very truly yours, 

ICE MILLER LLP 

Enclosure(s): As stated. 

C0\5097834.3 
Exhibit A 

Specifications ofPhantom 3 

[See enclosed] 

Please note the specifications of the Phantom 3 can also be found online at 

http://wiki.dji.com/en/index.php/Phantom 3 Professional-Specifications. The Phantom 3 User 

Manual can be found online at http://www.dji.com/product/phantom-3/download. 

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