UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. ______ _ 

IN THE MA TIER OF THE PETITION FOR EXEMPTION 

OF: FUSION REAL ESTATE NETWORK INC., 

Federal Employer ID #: 262084161 

PETITION FOR AN EXEMPTION SEEKING RELIEF FROM 

THE REQUIREMENTS OF TITLE 14 OF THE CODE OF 

FEDERAL REGULATIONS: 21.171, 21.199, 45.23(b), 61.23(a) 

and (c), 61.10l(e)(4) and (5), 61.113(a) & (b), 61.315(a), 91.7(a), 

91.9(b), 91.103, 91.109, 91.119, 91.121, 91.151(a) and (b), 

91.203(a) (b), 91.401, 91.405(A), 91.407(A)(l), 91.409(a)(l) and 

(2), 91.417 TO THE EXTENT NECESSARY TO ALLOW THE 

PETITIONER TO COMMERCIALLY OPERATE A DJI 

PHANTOM 3 PROFESSIONAL, UNMANNED AIRCRAFT TO 

PERFORM AERIAL PHOTOGRAPHY PURSUANT TO 

SECTION 333 OF THE FAA MODERNIZATION AND 

REFORM ACT. 

Submitted on November 18, 2015 

By: Yuri Kvichk:o 

General Counsel 

Fusion Real Estate 

1300 National Drive 

Sacramento, CA, 95834 

(916) 448-3174 

Fusion Real Estate Network Inc., Petition for § 333 exemption. Page 1 of8 
SUMMARY 

Fusion Real Estate Network ("Petitioner") seeks exemption from the requirements of 14 C.F.R §§ 21.1 71 , 

21.199, 45.23(b), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) & (b), 61.315(a), 91.7(a), 

91.9(b), 91.103, 91.109, 91.119, 91.121, 91.151(a) and (b), 91.203(a) (b), 91.401, 91.405(A), 

91.407(A)(l ), 91.409(a)(l) and (2), 91.417, to operate an Unmanned Aircraft System pursuant to Section 

333 of the FAA Modernization and Refonn Act of2012 (FMRA). This exemption will pennit Petitioner to operate 

an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for 

the development, management, marketing, surveying, appraisal and sale of real estate over certain areas of the 

United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

This request is sinlllar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 

11109, 11112, and 11213. 

Petitioner is a residential real estate brokerage located in Sacramento, California and serving its clientele by 

providing cutting edge marketing and media services. On behalf of and in cooperation with its clients, its principals, 

owners and affiliates, Petitioner engages in various real estate-related functions, including the marketing and sale of 

residential real estate. 

Petitioner seeks an exemption to operate a DJI PHANTOM 3 PROFESSIONAL system for commercial purposes 

within the NAS. The DJI PHANTOM 3 PROFESSIONAL is a vertical takeoff and landing (VTOL) Unmanned 

Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI 

PHANTOM 3 PROFESSIONAL has a maximum gross weight of approximately 2.8 pounds, willie having a 

length of 16 inches width of 16 inches, height of 8.5 inches, and a maximwn speed of approximately 31 knots. The 

DJI PHANTOM 3 PROFESSIONAL is equipped with four main rotors; driven by Lithiwn Polymer battery 

powered electric motors. 

The UAS will be operated by Petitioner will be registered in accordance with 49 U.S.C. 44103, Registration of 

Aircraft, as well as 14 C.F.RPart 47, Aircraft Registration, and marked in accordance with 14 C.F.R Part 45, 

Identification and Registration Marking. 

Petitioner has an interest in using the DJI PHANTOM 3 Professional unmanned aircraft system (UAS) to perform 

the following functions, which are commercial in nature: 

• Real Estate Videography and Photography 

• Land Survey & Appraisals 

• Property and Equipment Inspections 

• Creation of Commercial Messages for Internet and Television. 

• Increase Public Knowledge ofUAS and Promote Safe UAS operations. 

A. NAME AND ADDRESS OF THE PETITIONER 

Fusion Real Estate Network Inc., 

1300 National Drive Suite 170 

Fusion Real Estate Network Inc., Petition for§ 333 exemption. Page 2 of8 
Sacramento, CA 95834 

(916)4483174 

Email:ykvichko@myfusionrealestate.com 

B. THE SPECIFIC SECTIONS OF 14 C.F.R FROM WHICH PETffiONER SEEKS EXEMPTION. 

Petitioner requests relief from 14 C.F.R §§ 21.171, 21.199, 45.23(b ), 61.23(a) and (c), 61.101 ( e)(4) 

and (5), 61.113(a) & (b), 61.315(a), 91.7(a), 91.9(b), 91.103, 91.109, 91.119, 91.121, 91.151(a) 

and (b), 91.203(a) (b), 91.401 , 91.405(A), 91.407(A)(l ), 91.409(a)(l) and (2), 91.417. 

C. THE EXTENT OF RELIEF PETITIONER SEEKS AND THE REASON PETITIONER SEEKS THE 

RELIEF. 

Petitioner seeks relief to the extent necessary to allow the petitioner to commercially operate a small, battery 

powered UAS to perform aerial data collection and photography for the pmpose of marketing real estate and to 

assist with real estate transactions. nus entails very low altitude flights, (well W1der 200 feet) and flights of very 

short duration (no more than a few minutes). 

Petitioner seeks relief to the extent necessary to allow a PIC holding a sport pilot or higher level certificate, as well 

as a U.S. driver's license, and who has met certain flight-hour and currency requirements, to conduct the proposed 

UAS flight operations for commercial pmposes for Petitioner. 

Petitioner submits that all flights of the Dn PHANTOM 3 Professional UAS, conducted by the PIC pursuant to the 

grant of this Petition: (1) will be incidental to Petitioner's business; and (2) will not cany passengers or property for 

compensation or hire. 

Petitioner will ensure that the Dll PHANTOM 3 Professional UAS is in airworthy conclition based upon its 

compliance with the operating documents (i.e. Dll PHANTOM 3 PROFESSIONAL Instruction Manual) prior to 

every flight, and fi.uther, determine that the aircraft are in conclition for safe flight. 

D. THE REASONS WHY GRANTING PETITIONER REQUEST WOULD BE IN THE PUBLIC 

INTEREST; THAT IS, HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE. 

Granting the present Petition will fi.uther the public interest by allowing Petitioner to safely, efficiently, and 

economically perform various real estate-related functions, including the marketing and sale of residential and 

commercial real estate, property management, standing timber appraisal, real estate development, property 

inspections, and public relations. 

Adclitionally, use of the Dll PHANTOM 3 Professional UAS will decrease congestion of the NAS, reduce 

pollution, and provide significant benefits to the economy. Notably, the benefits ofPetitioner's proposed operation 

of the Dll PHANTOM 3 Professional UAS will be realized without implicating any privacy issues. 

1. The Public Will Benefit From Decreased Congestion Of The NAS. 

The Dll PHANTOM 3 Professional UAS is battery powered and serve as a safe, efficient, and economical 

alternative to the manned aircraft traclitionally utilized to obtain aerial imagery. By reducing the an1ount of manned 

aircraft needed to perform aerial acquisitions, an exemption allowing the use of a Dll PHANTOM 3 Professional 

UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase 

the safety of life and property in tl1e air and on the ground 

Fusion Real Estate Network Inc., Petition for§ 333 exemption. Page 3 of8 
Furthem10re, by reducing the number of mmmed aircraft operating in the NAS, congestion around airports caused 

by aniving and departing aircraft will be reduced. The DJI PHANTOM 3 Professional UAS does not require an 

airport to takeoff or land. 

Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer 

aircraft that must be handled by air traffic control during the ground, takeoff, departure, anival, and landing phases 

of flight operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The DJI PHANTOM 3 Professional VAS. 

Conducting aerial acquisitions with the Dll PHANTOM 3 PROFESSIONAL UAS, instead of manned aircraft, 

will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during 

traditional aerial video and still photography flight operations. By using battery power m1d electric motors, tl1e Dll 

PHANTOM 3 Professional UAS produces no air pollution, and is the most viable environmentally conscious 

alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial 

video and photography, while burning approximately 20-30 gallons per hour ofleaded aviation fuel. The Dll 

PHANTOM 3 PROFESSIONAL UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates 

noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion 

engine. 

By using the Dll PHANTOM 3 Professional UAS's to perform aerial acquisitions, the substantial risk to life and 

property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, 

will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located 

onboard the aircraft, the Dll PHANTOM 3 PROFESSIONAL UAS (weighing approximately 2.8 pounds with 

length of 16 inches, width of 16 inches, height of8.5 inches, and with no fuel on board), has less physical potential 

for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft tlmt 

typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 

feet, a lengtl1 of34 feet, and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI PHANTOM 3 Professional UASs 

Will Benefit The Economy. 

In addition to being safe and efficient, the Dll PHANTOM 3 Professional UAS is also an economical alternative to 

using manned aircraft to conduct similar aerial operations. As such, operation of the Dll PHANTOM 3 

Professional UASs will allow United States based companies, like Petitioner, to renmin competitive and contribute 

to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection 

Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must 

adopt new and alternative technology in order to remain competitive. Operating the battery powered Dll 

PHANTOM 3 Professional UASs is one such technology that not only allows commercial enterprises a greater 

operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost 

of a traditional manned aircraft. 

By operating the Dll PHANTOM 3 Professional UASs, companies such as Petitioner, can renmin competitive and 

profitable, and therefore, provide greater job stability to employees and contractors, which will ultinmtely 

contribute to growth of the U.S. economy. Improved financial perfommnce ofU.S. companies, through 

conm1ercial use offue Dll PHANTOM 3 Professional UAS, provides a stable workforce fuat increases consumer 

spending; improves local, state, and federal tax revenues; and allows companies to invest in research and 

development in order to remain competitive both in the United States and abroad. 

4. There Are No Privacy Issues. 

Fusion Real Estate Network Inc., Petition for § 333 exemption. Page 4 of8 
Petitioner's proposed operation of the DJI PHANTOM 3 Professional UASs will not implicate any privacy issues. 

Specifically, the DJI PHANTOM 3 Professional UAS will be operated only in compliance with its operating 

doclll11ents. It will only be operated at the request of the property owner, with permission of the property residents, 

and only for the purposes of photographing said property. 

E. THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT 

SAFETY, OR HOW THE EXEMPTION WOULD PROVIDE A LEVEL OF SAFETY AT LEAST 

EQUAL TO THAT PROVIDED BY THE RULE FROM WHICH PETITIONER SEEKS 

EXEMPTION. 

The UAS will be used exclusively to film and photograph private residential real estate. The flights will be short in 

duration, less than 5 minutes, at low altitude (under 200 feet), and only at the permission of the occupant and owner 

of the property. The UAS weighs less than 3 pounds and does not carry fuel and will be flown only by licensed 

pilots. This would be tremendously safer than using an actual airplane or helicopter to complete these tasks. 

Furthermore it is not a hazardous activity, and does not present a serious safety risk. 

The DJI PHANTOM 3 Professional UAS has numerous safety features such as Failsafe mode, automatic landing 

should signal between PIC and UAS be interrupted, GPS based altitude and distance locks, Flight Linllts function 

and low battery warnings. Geo location locks so that flights in class A airspace and in restricted areas are not 

allowed by the operating software. 

The DJI PHANTOM 3 Professional UAS does not create a hazard to users of the NAS or the public, or otherwise 

pose a threat to national security considering its size, weight, speed, and operational capability. 

Petitioner will only utilize certificated pilots who possess a current and valid U.S. driver's license to act as a pilot in 

command (PIC) of the DJI PHANTOM 3 Professional UAS. Additionally, a safety observer will assist all pilots 

during flight time. 

In seeking this exemption, Petitioner proposes to commercially operate the DJI PHANTOM 3 PROFESSIONAL 

UAS for the special purpose of conducting aerial video and photography over certain areas ofUnited States, 

pursuant to the following specific operating limitations: 

1. Operations authorized by this grant of exemption will be limited to the following aircraft 

described in the operating documents, rotorcraft UASs weighing less than 3 pounds maximum 

gross weight: DJI PHANTOM 3 Professional Unmanned Aircraft Systems. Proposed operations 

of any other aircraft will require a new petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting operations for the pUI]Jose of 

aerial video and photography. 

3. The UAS may not be flown at an indicated airspeed exceeding 20 Irnots. 

4. The UA must be operated at an altitude of no more than 200 feet above ground level (AGL). 

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC's FAA-issued airman medical certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able 

to communicate verbally at all tin1es. Electronic messaging or texting is not permitted during 

flight operations. The PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the SO can perform the 

Fusion Real Estate Network Inc., Petition tor§ 333 exemption. Page 5 of8 
functions prescribed in the operating documents. 

8. TI1e SO must not perfonn any other duties beyond assisting the PIC with seeing and avoiding 

other air traffic and other ground based obstacles/obstructions and is not pem1itted to operate the 

camera or other instrun1ents. 

9. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. 

If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the UAS is 

found to be in a condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly documented in the aircraft 

records. 

10. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a fi.mctional test 

flight. The PIC who conducts the fi.mctional test flight must make an entry in the aircraft records. 

11. TI1e pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of the operating 

documents. 

12. TI1e operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

13. TI1e operator must carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, alterations, and status of 

replacen1ent/overhaul component parts must be noted in the aircraft records, including total time 

in service, description of work accomplished, and the signature of the authorized person returning 

the UAS to service. 

14. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 

15. TI1e authorized person must make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections. 

16. TI1e PIC must possess at least a sport pilot certificate. 

17. The operator may not permit any PIC to operate Wlless the PIC meets the operator's qualification 

criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how 

the UAS will be operated under the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. 

18. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations 

must be conducted under visual meteorological conditions (VMC). If flight at night is required, a 

special request will be made at the FAA office closest to proposed area of operations. Flights 

under special visual flight rules (SVFR) are not authorized. 

19. The UAS may not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart Wlless a letter of agreement with that airport's 

management is obtained, and the operation is conducted in accordance with a NOT AM as 

required by the operator's CO A. The letter of agreement with the airport management must be 

made available to the Administrator upon request. 

20. If the UAS loses communications or loses its GPS signal, it must return to a predetermined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents. 

21. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance 

with the operating documents. 

22. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended landing point 

and land the UAS with 25% battery power remaining. 

23. Before conducting operations, the radio frequency spectrum used for operation and control of the 

UAS must comply with the Federal Communications Commission (FCC) or other appropriate 

Fusion Real Estate Network Inc., Petition for§ 333 exemption. Page 6 of8 
govennnent oversight agency requirements. 

24. 111e UAS must remain clear and yield the right of way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons 

ot11er than t11e PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures 

unless: 

i. Barriers or structures are present fuat sufficiently protect nonparticipating persons from 

fue UAS and/or debris in tl1e event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are wit11in 500 feet of fue UA, flight 

operations must cease inunediately and/or; 

ii. The aircraft is operated near vessels, vehicles or structures where the owner/controller of 

such vessels, vehicles or structures has granted pennission and the PIC has made a 

safety assessment of tl1e risk of operating closer to those objects and determined iliat it 

does not present an undue hazard, and; 

iii. Operations nearer to t11e PIC, SO, operator trainees or essential persons do not present an 

undue hazard to fuose persons per§ 91.119(a). 

27. All operations shall be conducted over private or controlled-access property wiili permission 

from fue land owner/controller or autl10rized representative. Permission from land 

owner/controller or autl1orized representative will be obtained for each flight to be conducted. 

In accordance with Section 333 ofilie FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R § 

21.16 entitled Special Conditions, Petitioner requests iliat fue FAA prescribe special conditions for fue intended 

operation offue DJI PHANTOM 3 Professional UAS, which contain such safety standards that t11e Administrator 

finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 

C.F.R §§ 61.113{a) & (b), 91.7 (a), 91.121, 91.151{b), 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 

91.417(a) & (b). Such special conditions will permit safe operation offue UAs for ilie limited purpose of 

conducting aerial video and photography over certain areas of fue United States for compensation or hire. FMRA 

Section 333 sets fortl1 fue requirements for considering whether a UAS will create a hazard to users of fue NAS or 

fue public, or oilierwise pose a threat to national security; and further, provides ilie auiliority for such UAS to 

operate wifuout airwortl1iness certification in accordance wiili any requirements that must be established for fue 

safe operation oftl1e UAS in fue NAS. 

Likewise, ilie Administrator may prescribe special conditions pursuant to 14 C.F .R § 21.16, for operation of ilie 

DJI PHANTOM 3 Professional UAS, since the airwort11iness regulations of 14 C.F .R Part 21 do not contain 

adequate or appropriate safety standards, due to the novel or unusual design features of ilie aircraft. Section 21.16, 

entitled Special Conditions" states fue following: If ilie FAA finds that fue airwort11iness regulations of tllls 

subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special 

conditions and amendments fuereto for the product. The special conditions are issued in accordance with Part 11 of 

tllis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as fue FAA finds 

necessary to establish a level of safety equivalent to that established in fue regulations. 

See 14 C.F.R §21.16. 

Therefore, in accordance wiili FMRA Section 333 and 14 C.F .R § 21.16, tl1e FAA may prescribe special 

conditions for intended operation offue DJI PHANTOM 3 Professional UAS, winch contains such safety 

standards that t11e Administrator finds necessary to establish a level of safety equivalent to that established by 14 

C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113{a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a) 

Fusion Real Estate Network Inc., Petition for § 333 exemption. Page 7 of8 
(l ), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). 

F. A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER: 

The Rules From Which Petitioner Seeks Exemption: 

Fusion Real Estate, Inc., seeks exemption from the requirements of 14 C.F.R §§ 21.171, 21 .199, 45.23(b), 

61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) & (b), 61.315(a), 91.7(a), 91.9(b), 91.103, 

91.109, 91.119, 91.121, 91.151(a) and (b), 91.203(a) (b), 91.401, 91.405(A), 91.407(A)(l), 

91.409(a){l) and (2), 91.417. 

A Brief Description Of The Nature OfThe Exemption Petitioner Seeks: 

Petitioner is a residential real estate brokerage located in Sacramento, California and serving its clientele by 

providing cutting edge marketing and media services. On behalf of and in cooperation with its clients, its principals, 

owners and affiliates, Petitioner engages in various real estate-related functions, including the marketing and sale of 

residential real estate. 

Tllis exemption will permit Petitioner to operate an Unmanned Aircraft System (UAS) for the commercial pwpose 

of conducting aerial video and photography for the development, management, marketing, surveying, appraisal and 

sale of real estate over certain areas of the United States. 

G. ANY ADDffiONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT 

PETmONER'S REQUEST. 

Tills request is similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 

11109, 11112, and 11213. 

Respectfully submitted. 

Fusion Real Estate Network Inc., Petition for* 333 exemption. Pogc 8 of8