1 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 Moderniza tion 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 Federa l Aviation Administration (“FAA”) for relief from certain Federal Aviation Regulations to en able AT&T to operate unmanned aerial systems (“UAS”) for aerial data collection in support of certain research a nd 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 pe titions 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 communicati ons 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 deliver ing a full portfolio of end-to-end reliable and highly secu re 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 c onnected 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. Speci fically, 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 inte gration with cloud services. This will serve the public interest by assisti ng with the development of reliable and secure communications between UAS and other devices. AT&T also is consider ing the use of UAS in support of the company’s business operations, su ch as in the inspecti on and maintenance of communications facilities that ar e remotely located or otherwis e 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’s2 testing will help the company evaluate wa ys to meet public de mand 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 hazar dous 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 mate rialize 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 ai rcraft, 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 ai rcraft 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 Appr oved Unmanned Aerial Sy stems, 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).3 IV. OPERATING PARAMETERS
AT&T will abide by the following operating pa rameters 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 p ilot-in-command (“PIC”) holding either an airline transport, commercial, private, recr eational 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 territo ry, 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 opera te a UAS unless the PIC demonstrates the ability to safely operate the UAS in a ma nner 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 mile s 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 agr eement with that airport’s management is obtained or otherwise permitted by a COA i ssued to the exemption holder.

10. The PIC must abort the flight in the even t 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).4 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 reque sting an exemption and the circumstances under which it seeks to operate are similar in all mate rial 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 re lief 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 Fe deral Aviation Regulations to the extent necessary to enable the re quested 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).5 Below, AT&T provides an analysis of each re gulatory 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) Privat e pilot privileges and limitations; 14 C.F.R. § 61.315(a) What are the priv ileges 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 sp ort 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, pot entially, passengers, UAS are remo tely 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 co mmercial pilot’s certificate opera ting a conventional aircraft. The risks associated with the operation of UAS are so diminished from the level of risk associated with commercial operations that wa s 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 sa fety achieved by the above cited rule sections. The FAA issued an exemption to this regul ation 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 airworthin ess certificates issued for the UAS, approval of this exemption should be gran ted because no FAA regulatory standards exist for determining airworthiness. Given the size of the UAS requested and the operating requirements listed herein, an equi valent 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 alti tudes 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 re lief from this section with respect to thos e participating persons, vehicles, and structures directly i nvolved 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 depa rture airport or an appropriate altimeter setting available before departure.” Th is requirement is inapp licable to the UAS AT&T intends use , which do not utilize an altimeter. Instead, the UAS rely on a digital barometric6 sensor and/or GPS altitude readout. To the exte nt 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 la unch 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 fli ght in an airplane under VFR conditions unless (considering wi nd 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 alle viate given the size and speed of the UAS. The FAA issued an exemption to th is regulation for UAS op erations 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, preven tive 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 ha ve 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 discrepancie s repaired as prescribed in part 43 of this chapter...,” and others shall in spect 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 gi ving 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 require d to land the aircraft will not be substantial. The operator will ensure that the UAS is in work ing order prior to initiating flight. Moreover, the operator is the person most fam iliar with the aircraft and best suit ed 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 a ppropriate 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 effec tive dates of any Grant of Exemption issued pursuant to this Petition, the FAA issues interi m or final rules for small UAS, AT&T requests that it be relieved of the requi rements of any conditions and lim itations of said exemption and7 allowed to comply with any less burdensome ap plicable 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) a nd (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 th is Petition for exemption and enable AT&T to operate UAS in advancement of its research and de velopment projects. Gran t 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