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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 CFR Part 21; 14 CFR 61.113(a) & 

(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119; 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 and Reform Act of 2012 (the 

Reform Act) and 14 C.F.R Part 11, SBA Network Services, LLC (SBA), a telecommunications firm, 

hereby applies for an exemption from the listed Federal 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 communication tower sites/wireless infrastructure sites/cell 

towes, so long as such operations are conducted within and under the conditions outlined herein or 

as may be established by the FAA as required by Section 333. 

As detailed in this document the requested exemption 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 thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe

operation of such aircraft systems in the national airspace system.” Section 333 (c) of the Reform Act. 

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.com 
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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 authority to issue exemptions. 

This statutory authority includes exempting civil aircraft, as the term is defined under 

40101 of the Act, including UAS’s, from the requirement that all civil aircraft must have a current 

airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds 

the exemption ion the public interest. 49 U.S.C. 44701(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 Secretary in determining whether UAS’s 

may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, 

or a threat to national security. In making this determination, the Secretary must consider: 

(a) The UAS’s size, weight, speed, and operational capability; 

(b) Whether the UAS’s operates within the visual line of sight of the operator 

(c) Whether the UAS’s operated outside of highly populated 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 requirements 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 conditions at a speed of no more than 22 KIAS 

and have the capability to hover, and move in the vertical 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 that 
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the UAS’s will “not create a hazard to users of the national airspace system or the public. “Reform Act 

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 within the zone of safety (an equivalent level of safety) 

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 Reform Act, the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including 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 to 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 inspections can significantly reduce the risk to workers of 

falls while conducting inspection of SBA owned communication towers. UAS’s can inspect, 

photograph, and collect data on hard to get to areas 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 apply to civil aircraft that have the 

characteristics and that operate with the limitations 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 return to it ground station with at least 20% 

battery power reserve should that occur prior to the 25 minute limit. 

(d) Flights will be operated at an altitude never to exceeding 400 feet AGL. 
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(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, operations, and safety procedures and will possess a 

commercial, private, recreational, or sport pilot certificate; 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 area. 

(h) A briefing will be conducted in regard to the planned UAS’s operations prior to each day’s 

production activities. It will be mandatory that all personnel who will be performing duties within 

the boundaries of the safety perimeter be present for this briefing. 

(i) All onsite personnel will consent to the UAS flyover 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 relevant property holders will be obtained. 

(l) All required permissions and permits will be obtained 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 GPS signal, it will have the capability to return 

to a pre-determined location within the Security Perimeter and land. 

(n) The UAS’s will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

IV. DESCRIPTION OF SPECIFIC REGULATIONS 

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

Subpart H, entitled Airworthiness Certificates, establishes 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 utilized 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) and Section 333 of the Reform Act both authorize 

the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of 

the size, weight, speed, operational capability, and 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 criteria demonstrates that the UAS operated without 

an airworthiness certificate, in the restricted environment 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 flammable liquid fuels, and operates exclusively within a

secured area. Like other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by the operator, and under the requirements and in compliance with local public safety 

requirements, to provide security for the area of operation as is currently done on active construction 

sites. 
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These safety enhancements, which already apply to civil aircraft operated in connection with 

construction sites, provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, 

Subpart H. Lastly, application of these same criteria 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 of 

explosive materials or flammable liquid fuels and the inability to carry a substantial external payload. 

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

This regulation requires certain experimental, provisionally certified aircraft, or light-sport category 

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 certificate, an exemption may be needed as the UAS 

will have no entrance to the cabin, cockpit, or pilot station on which an aircraft registration number

can be placed. Given the size of the UAS’s, two-inch lettering will be impossible. 

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

Sections 61.113 (a) & (b) limit private pilots to non-commercial 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 pilot operating the aircraft to have completed a UAS flight training 

course of 100 hours before flying a UAS. Unlike a conventional 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 flights are planned and coordinated in advance. The 

risks associated with commercial operations contemplated by Part 61 when drafted, that allowing 

operations of the UAS’s as requested with a pilot who has met the 

minimum requirements exceeds the present level of safety 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 condition. 

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 the 

use of safety checklists prior to each flight an equivalent 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 ability or place to carry such a flight manual on the

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry 

such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground control 

point where the PIC flying the UAS’s will have immediate 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. 
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14 C.F.R. 91.103: Preflight Action 

This regulation requires each PIC to take certain actions before a flight to ensure the safety of flight. 

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 Preflight 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 that aircraft has fully functioning dual controls. 

By design, UAS’s and remotely piloted aircraft do not have fully functional dual controls. Flight control 

is accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft, the ability to control the UAS’s via radio signals from the 

controller, and by the size and speed of the aircraft. 

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption 

is for a multi-rotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, 

which will typically operate at altitudes of 200 AGL, 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 people 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 is 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 individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighing far more that the maximum 55 lbs. 

proposed herein and carrying flammable fuel, any risk associated with our operations of the UAS’s 

will ensure separation between these small UAS operations 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 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 the UAS’s may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the Safety Checklist, confirming the altitude of the launch site shown on the 

GPS altitude indication before flight. 
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14 C.F.R. 91.151 (a): Fuel requirements for flight in VFR conditions 

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our UAS is 

limited to operations in sterile and controlled environments 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 approximately 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 small UAS, in a tightly controlled area where only 

people and property owners or official representatives who have signed waivers will be allowed, with 

less than 25 minutes of reserve fuel, does not engender the type of risks that Section 91.151 (a) was 

intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS’s flights to 

15 minutes would greatly reduce the utility for which the exemption will be granted. 

An equivalent level of safety can be achieved by limiting flights to 25 minutes, or enough battery 

reserve to ensure that the UAS’s lands at the ground 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 operations, including Exemptions 2689F, 5745, 

10673, and 10808. 

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

The regulation provided in part: 

(a) Except as provided in 91.715, no person may operate a civil aircraft unless it has within it 

the following: 

(1) An appropriate and current airworthiness certificate.... 

(b) No person may operate a civil aircraft unless he airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization 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. and is operated without an onboard pilot. 

Therefore there is no ability or place to carry certification and registration documents or to display

them on the UAS’s. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UAS’s will have immediate access to them, to the 
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extent they are applicable to the UAS’s. The FAA has issued numerous exemptions to this regulation. 

A representative sample of other exceptions includes 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 between required inspections, except as provided in 

paragraph © 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 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 limited in size and 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. 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 performed. 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 application, please feel free to contact me at (561) 226-

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

Edward G. Roach 

VP, Associate General Counsel-Compliance 

SBA Network Services, LLC