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March 10, 2016 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

Re: Petition of AT&T Services, Inc. for Exemption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation 

Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 

C.F.R. part 11, AT&T Services, Inc., on behalf of itself and affiliated entities of AT&T, Inc. 

(together, “AT&T”)” hereby petitions the Federal Aviation Administration (“FAA”) for relief 

from certain Federal Aviation Regulations to enable AT&T to operate unmanned aerial systems 

(“UAS”) for aerial data collection in support of certain research and development efforts, and for 

potential use in support of activities related to the company’s business operations. As the instant 

petition is similar in all material respects to petitions that have previously been granted, AT&T 

requests summary grant. 

I. DESCRIPTION OF THE APPLICANT AND PROPOSED OPERATIONS 

AT&T is one of world’s largest communications companies. Operating globally under the 

AT&T brand, the company offers one of the world’s most advanced and powerful global 

backbone networks, provides wireless service to millions of customers with voice coverage and 

data roaming in hundreds of countries, is one of the world’s largest providers of IP-based 

communications services for businesses, and is a global leader in delivering a full portfolio of 

end-to-end reliable and highly secure network, voice, data and IP solutions to its customers. 

AT&T also is at the cutting edge of innovation in bringing the Internet of Things to the nation’s 

consumers and businesses, with over 25 million connected devices now on the AT&T network. 

AT&T seeks authority to use UAS for aerial data collection to conduct research and development 

and to support AT&T’s business operations. Specifically, AT&T plans to operate UAS to test 

the operability of its wireless telecommunications network at various altitudes to support 

communications between connected devices and UAS as well as integration with cloud services. 

This will serve the public interest by assisting with the development of reliable and secure 

communications between UAS and other devices. AT&T also is considering the use of UAS in 

support of the company’s business operations, such as in the inspection and maintenance of 

communications facilities that are remotely located or otherwise difficult to access. 

II. PUBLIC INTEREST BENEFITS 

Grant of AT&T’s petition would benefit the public interest in several key respects. First, 

enabling the research contemplated by AT&T stands to positively impact the economy by 

facilitating the creation and development of new business uses for UAS. For example, AT&T’s 
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testing will help the company evaluate ways to meet public demand for ground-to-air 

communications service. Second, the public will benefit from AT&T’s research insofar as it 

enables the use of UAS in certain emergency or potentially hazardous situations. For example, 

AT&T envisions its research supporting the development of airborne audio-visual 

communications units that could be deployed in disasters to assist first responders. However, in 

order for these benefits to materialize at scale, AT&T needs to make sure that its wireless 

network – which today principally carries ground-to-ground communications – can handle 

aerial-to-ground traffic. 

In addition, the public will benefit from AT&T’s possible use of UAS for inspection and 

maintenance of its communications facilities. The use of UAS is safer than having a person 

inspect such facilities, which may be challenging to access due to its location or other 

characteristics. 

III. AIRCRAFT 

AT&T requests authorization for the following aircraft, all of which weigh less than 55 pounds 

including payload: 

1. DJI Phantom 3 

2. 3D Robotics X8-M 

3. 3D Robotics X8+ 

4. Parrot Disco fixed wing 

5. Parrot Bebop 2 

6. 3D Robotics Aero 

7. 3D Robotics Aero M 

8. Yuneec Typhoon Q500+ 

9. Yuneec Typhoon Q500 4K 

10. Yuneec Tornado H920 

11. 3DR Solo 

12. 3DR Iris 

13. Ehang Ghost 

AT&T additionally seeks authority to use any aircraft identified on the FAA’s List of Approved 

Unmanned Aerial Systems under Section 333 when weighing less than 55 pounds including 

payload.1

 Although the Parrot Disco, Parrot Bebop 2, and the Yuneec Typhoon Q500 4K are not 

currently included on the FAA’s List of Approved Unmanned Aerial Systems, the FAA should 

authorize their use by AT&T due to the aircrafts’ comparable specifications to other authorized 

aircraft and their weight being under 55 pounds. Recent Section 333 petitioners have sought use 

of the Parrot Disco,2

 Parrot Bebop 2,3 and the Yuneec Typhoon Q500 4K.4 

 

1

 FAA, Approved Unmanned Aerial Systems (UAS) Make/Model under Section 333, Docket No. FAA2007-3330. 

2

 Clearview Aerial Imagery, Petition for Exemption, Docket No. FAA-2016-1402 (posted Jan. 19, 2016). 

3

 See, e.g. Jeffrey Hackl, Petition for Exemption, Docket No. FAA-2016-0362 (posted Jan. 7, 2016); A Real 

Photography, Petition for Exemption, Docket No. FAA-2016-1271 (posted Jan. 14, 2016). 
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IV. OPERATING PARAMETERS 

AT&T will abide by the following operating parameters when conducting UAS flights. 

1. UAS must be operated at an altitude no greater than 400 feet above ground level 

(“AGL”) at ground speeds no greater than 87 knots. 

2. UAS operations must be conducted by a pilot-in-command (“PIC”) holding either an 

airline transport, commercial, private, recreational or sport pilot certificate. The PIC 

must also hold a current FAA airman medical certificate or a valid U.S. driver’s license 

issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the 

Federal government. 

3. UAS must be operated within visual line-of-sight (“VLOS”) of the PIC at all times. 

4. All operations must utilize a Visual Observer (“VO”). 

5. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in 

a condition for safe operation. 

6. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS 

is in a condition for safe flight. 

7. The operator may not permit any PIC to operate a UAS unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption. 

8. UAS operations will not be conducted at night. 

9. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted 

with an ARP, the center of the airport symbol as denoted on the current FAA-published 

aeronautical chart, unless a letter of agreement with that airport’s management is 

obtained or otherwise permitted by a COA issued to the exemption holder. 

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

11. The UAS must remain clear and give way to all manned aviation operations and activities 

at all times. 

12. All operations shall be conducted in accordance with an Air Traffic Organization-issued 

Certificate of Waiver or Authorization. 

 4

 Clearview Aerial Imagery, Petition for Exemption, Docket No. FAA-2016-1402 (posted Jan. 19, 2016). 
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V. REQUEST FOR SUMMARY GRANT 

AT&T requests that the FAA issue a summary grant of this Petition. As the foregoing 

demonstrates, the uses for which AT&T is requesting an exemption and the circumstances under 

which it seeks to operate are similar in all material respects to Grants of Exemption Nos. 11062 

to Astraeus Aerial (Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (Docket No. 

FAA−2014−0507), 11112 to VDOS Global, LLC (Docket No. FAA−2014−0382), 11213 to 

Aeryon Labs, Inc. (Docket No. FAA−2014−0642), and 12645 to Allied Drones (Docket No. 

FAA-2014-0804), in which the FAA determined that the proposed UAS operations were in the 

public interest, and granted the relief necessary to enable those operations. AT&T will operate 

under the parameters described in Section IV and will use aircraft that will achieve a level of 

safety comparable to that proposed by these and other petitioners that have received Section 333 

exemptions. The FAA therefore should afford expedited treatment to AT&T, and grant this 

Petition in accordance with its summary grant procedures. 

VI. APPLICANT CONTACT INFORMATION 

The contact information for the applicant is: 

Robert C. Barber 

Executive Director – Senior Legal Counsel 

AT&T Services, Inc. 

1120 20th St., NW, 8th Flr. 

Washington, DC 20036 

202-457-2121 

rb2865@att.com

VII. SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH APPLICANT SEEKS 

EXEMPTION 

AT&T requests exemption from the following Federal Aviation Regulations to the extent 

necessary to enable the requested UAS operations: 

14 C.F.R. §§ 61.23(a) and (c); 

14 C.F.R. §§ 61.101(e)(4) and (5); 

14 C.F.R. § 61.113(a); 

14 C.F.R. § 61.315(a); 

14 C.F.R. § 91.7(a); 

14 C.F.R. § 91.119(c); 

14 C.F.R. § 91.121; 

14 C.F.R. § 91.151(a)(1); 

14 C.F.R. § 91.405(a); 

14 C.F.R. § 91.407(a)(1); 

14 C.F.R. §§ 91.409(a)(1) and (2); 

14 C.F.R. §§ 91.417(a) and (b). 
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Below, AT&T provides an analysis of each regulatory provision from which exemption is 

requested. 

A. 14 C.F.R. §§ 61.23(a) and (c) Medical certificates: Requirement and 

duration; 14 C.F.R. §§ 61.101(e)(4) and (5) Recreational pilot privileges and 

limitations; 14 C.F.R. §§ 61.113(a) Private pilot privileges and limitations; 14 

C.F.R. § 61.315(a) What are the privileges and limits of my sport pilot 

certificate. 

Because AT&T’s UAS will not carry a pilot or passengers, the proposed operations can achieve 

the equivalent level of safety by requiring the PIC operating the aircraft to have either an airline 

transport, commercial, private, recreational or sport pilot certificate as well as either a current 

FAA airman medical certificate or a valid U.S. driver’s license. Unlike a conventional aircraft 

that carries the pilot and, potentially, passengers, UAS are remotely controlled with no living 

things on board. The level of safety provided by the operating parameters exceeds that provided 

by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. 

The risks associated with the operation of UAS are so diminished from the level of risk 

associated with commercial operations that was contemplated by Part 61 when it was drafted, 

that allowing operations of the UAS as requested with an individual that holds a private pilot’s 

license as the PIC exceeds the present level of safety achieved by the above cited rule sections. 

The FAA issued an exemption to this regulation in Grant of Exemption No. 11210, among 

others. 

B. 14 C.F.R. § 91.7(a) Civil Aircraft Airworthiness 

AT&T seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in 

airworthy condition to be operated. As there will be no airworthiness certificates issued for the 

UAS, approval of this exemption should be granted because no FAA regulatory standards exist 

for determining airworthiness. Given the size of the UAS requested and the operating 

requirements listed herein, an equivalent level of safety to this rule will be achieved. The FAA 

has issued an exemption to this rule in Exemption No. 11911, among others. 

C. 14 C.F.R. § 91.119(c) Minimum safe altitudes over congested and other areas 

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over areas other than 

congested areas. AT&T requests relief from this section with respect to those participating 

persons, vehicles, and structures directly involved the UAS operations. The UAS will never 

operate at higher than 400 feet AGL. Relief from this provision is warranted as operations will 

be conducted with the safety provisions as outlined herein. The FAA issued an exemption to this 

regulation in Grant of Exemption No. 11062, among others. 

D. 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.” This requirement is inapplicable to the UAS AT&T 

intends use , which do not utilize an altimeter. Instead, the UAS rely on a digital barometric 
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sensor and/or GPS altitude readout. To the extent that an exemption from this requirement is 

necessary, AT&T notes that an equivalent level of safety will be achieved by the operator using 

these sensors to confirm the altitude of the launch site before flight. The FAA issued an 

exemption to this regulation in Grant of Exemption No. 11166, among others. 

E. 14 C.F.R. § 91.151(a)(1) Fuel requirements for flight in Visual Flight Rules 

(“VFR”) conditions 

Section 91.151(a)(1) 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.” Operating small UAS in controlled areas do not 

engender the type of risks that § 91.151(a)(1) was intended to alleviate given the size and speed 

of the UAS. The FAA issued an exemption to this regulation for UAS operations in Grant of 

Exemption No. 11204, among others. 

F. 14 C.F.R. § 91.405(a) Maintenance required; 14 C.F.R. § 91.407(a)(1) 

Operation after maintenance, preventive maintenance, rebuilding or 

alteration; 14 C.F.R. §§ 91.409(a)(1) and (2) Inspections; 14 C.F.R. §§ 

91.417(a) and (b) Maintenance records 

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 AT&T. Maintenance will be accomplished by the operator 

pursuant to the manufacturer’s requirements. An equivalent level of safety will be achieved 

because AT&T’s UAS are very limited in size, will carry a small payload, and will operate only 

in controlled areas for limited periods of time. If mechanical issues arise, the PIC will attempt to 

land the aircraft as quickly as possible and giving preference to landing locations where the 

potential for injury to person and property can be minimized. As the flight ceiling of the UAS is 

less than or equal to 400 feet AGL, the time required to land the aircraft will not be substantial. 

The operator will ensure that the UAS is in working order prior to initiating flight. 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. The FAA issued an exemption 

to these regulations in Grant of Exemption No. 11062, among others. 

G. Such other relief as the FAA deems appropriate to enable the requested 

operations. 

AT&T also requests exemption from such other relief as the FAA deems appropriate to enable 

the requested operations. If, during the effective dates of any Grant of Exemption issued 

pursuant to this Petition, the FAA issues interim or final rules for small UAS, AT&T requests 

that it be relieved of the requirements of any conditions and limitations of said exemption and 
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allowed to comply with any less burdensome applicable regulations that may have become 

effective. 

II. FEDERAL REGISTER SUMMARY 

If the FAA determines that summary grant is not appropriate in this case, below is a summary of 

the petition for publication in the Federal Register. 

Name of Petitioner: AT&T Services, Inc. 

Sections of 14 C.F.R. Affected: 14 C.F.R. §§ 61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) and (5); 

14 C.F.R. § 61.113(a); 14 C.F.R. § 61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 

C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(1); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 

C.F.R. §§ 91.409(a)(1) and (2); 14 C.F.R. §§ 91.417(a) and (b). 

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§ 

61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) and (5); 14 C.F.R. § 61.113(a); 14 C.F.R. § 

61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 

91.151(a)(1); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and 

(2); 14 C.F.R. §§ 91.417(a) and (b) to enable the operation of small unmanned aircraft systems to 

collect aerial data and conduct research and development. 

III. CONCLUSION 

AT&T respectfully requests that the FAA grant this Petition for exemption and enable AT&T to 

operate UAS in advancement of its research and development projects. Grant of this Petition is 

consistent with the FMRA and would help fulfill Congress’s mandate to integrate civil UAS into 

the national airspace system. 

Please do not hesitate to contact AT&T’s outside counsel, Katy M. Ross of Wiley Rein LLP, at 

202-719-7410 or kmross@wileyrein.com, with any questions about this filing. 

Respectfully Submitted, 

/s/ Robert C. Barber 

 Robert C. Barber 

 Executive Director - Senior Legal Counsel 

 AT&T Services, Inc. 

 1120 20th St., NW, 8th Flr. 

 Washington, DC 20036 

 202-457-2121