May 11 , 2015

Via Electronic Submission

United States Department of Transportation Docket Management System 1200 New Jersey Ave., SE West Building Ground Floor Room W12

- 140 Washington, DC 20590

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

We are writing pursuant to the FAA Modernization and Reform Act of 20121 (the "Reform Act") and the procedures contained in 14 C.F.R. 11, to request that Richard Bilyak and Jaoana Dean, d/b/a/ eOpinionTV, owner s and operator s of small unmanned aircraft, be exempted from the Federal Aviation Regulations ("FARs") listed below so that eOpinionTV may

ope rate its small unmanned aircraft systems ("UAS") commercially in airspace regulated by the Federal Aviation Administration ("FAA"); as 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. The conditions identified and proposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3, Chapter 8

- Issue a Certificate of Waiver for Motion Picture and Television Filming.

As identified and described herein, Richa rd Bilyak and Jaoana Dean are recognized and experienced members of the broadcast and cable television production industry. Mr. Bilyak and

Ms. Dean, eOpinionTV, and their previous production companies have been creating and delivering high quality video to the broadcast industry for more than twenty (20) years. Both Mr. Bilyak and Ms. Dean have had video production contracts with well known entertainment corporations including Filmways, Discovery Networks, Fine Line, MSNBC, Artisan, MGM and
Warner Brothers.

eOpinionTV will be using small unmanned aircraft for aerial photography and cinematography, primarily for use in the television broadcast industry, though given their stability and maneuverability, these aircraft may be used for other cinematography, by law enforcement personnel, search and rescue and by other first responders.

eOpinionTV has rejected all offers to work with film, television, commercial television production companies and directors on locations within the United States, to ensure it is in compliance with any applicable FARs. It, like other applicants, has done so despite J udge Patrick G. Geraghty's decision in the Raphael Pirker matter and his reasoning that no FARs prohibits the use of small unmanned aircraft or lightweight UASs like those flown by other peer companies.Page | 2

eOpinionTV’s exemption request would permit its operation of lightweight, unmanned (remotely controlled in line of sight) UAVs in tightly controlled and limited airspace. Predetermined, specific ally marked areas of operation, cordoned off locations and corresponding enhancements to current safety controls will allow eOpinionTV to operate within current safety parameters and new ones being implemented. As identified, similar lightweight, remote controlled UASs are legally operated by amateurs with no flight experience, safety plan or controls in place to pre vent catastrophe. eOpinionTV uses a website application to monitor, evaluate and implement all aerial cinematography activities with a pre

- flight safety and flight plan system.

Granting eOpinionTV’s request comports with the Secretary of Transportation's (FAA Administrator's) responsibilities to not only integrate UASs into the national airspace system, but to "...establish requirements for the safe operation of such aircraft systems [UASs] in the national airspace system" under Section 333(c) of the Reform Act. Further, eOpinionTV will conduct its operations in compliance with the protocols described her ein or as otherwise established by the FAA.

eOpinionTV respectfully requests the grant of an exemption allowing it to operate lightweight, remote controlled UASs.

The Specific Sections of Title 14 o f the Code of Federal Regulations, eOpinionTV Requests Exemption are:

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F. R. 91, et seq.; 14 CFR 407 (a)( 1 );

14 CFR 409 (a)(2); and, 14 CFR 417 (a) & (b).

Exemption Request Section 333 of the FA A 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); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b )

.

The Extent of Relief eOpinionTV Seeks and the Reason It Seeks Such Relief:

eOpinionTV submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operatin g to pr event eOpinionTV contemplated commercial cinematic, research and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public's interest to do so. eOpinionTV UAS s meet the definition of "small unmanned aircraft" as defined in Section 331 and therefore the integration of eOpinionTV lightweight UASs are expressly contemplated by the Reform Act. eOpinionTV would like to operate its lightweight, remote controlled UASs prior to the time period by which the Reform Act requires the FAA to promulgate rules governin g such craft.Page | 3

The Reform Act guides the Secretary in determining the types of UASs that may operate safely in our national airspace system. Considerations include:

The weight, size, speed and overall capabilities of the UAS; Whether the UAS will be

opera ted near airports or populated areas; and, Whether the UAS will be operated by line of sight.

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for eOpinionTV

.

eOpinionTV UASs utilize f our counter

- rotating propellers for extreme balance, control and stability. They each weigh less than 55 pounds, including cinematic or other equipment. eOpinionTV U AS s are designed to primarily hover in place and operate at less than a 50 knot maximum speed. They are capable of vertical and horizontal operations but operate only within the line of sight of the remote control pilot. In addition to the remote control pilot, eOpinionTV uses a spotter so that, at minimum, two eOpinionTV personnel govern the safe flight of an eOpinionTV aircraft at all times.

Utilizing battery power and not combustible fuels, flights generally last between five and

ten minutes. eOpinionTV does not operate its UASs with less than twenty five percent battery capacity. Safety systems in place include a GPS mode to hover in place if communication with
the rad io control pilot is lost and then to slowly descend at twenty five percent batter y capacity. Further, eOpinionTV ‘s fleet is programmed, in some instances, to slowly follow a predetermined set of waypoints to return to a safety point if communications are los t.

eOpinionTV does not operate its UASs near airports and generally does not operate them near populated areas. The UAS operating software and GPS navigation systems do not allow any

of the eOpinionTV UAS vehicles to operate nea r airports or restricted fly zones

. The failsafe software will disable the UAS vehicles from taking off and also limit the UAS systems from operating within specific GPS preset no

- f ly zones. To date, eOpinionTV has only operated its fleet on private sets, cordoned off areas and areas under the control of eOpinionTV clients. eOpinionTV only operates its UASs in predetermined areas

, and only in compliance with well regarded safety proto cols such as those contained within the well established and commonly known
Motion Picture and Television Operations Manual.

eOpinionTV ’ s operation of its small unmanned aircraft will not "create a hazard to users of the national airspace system or the public." 112 P.L. 95 § 333 (b). Given the small size s and weight s of eOpinionTV UASs , combined with their operation in cordoned off and well

controlled areas, eOpinionTV ’s fleet falls within Congress' contemplated safety zone when it promulgated the R eform Act and the corresponding directive to integrate UASs into the national airspace system. Indeed

, eOpin ionTV UA Ss have a demonstrable safety record and do not pose any threat to the general public or national security.Page | 4

The FAA has the authority to issue the exe mption to eOpinionTV pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Commercial and Public Benefits

Granting eOpinionTV ’ s exemption request furthers the public interest.

 First, Congress has already pronounced that it is i n the public's interest to integrate commercially flown UASs into the national airspace system, hence the passing of the
Reform Act.

 Second, eOpinionTV conducts research into safe UAS operations every time it flies
one of its UAS s . Flight data, visual inspections, recorded observations and flight analyses are compiled to further enhance current safety protocols. Allowing eOpinionTV to log more flight time directly relates to its research and its ability to
fur ther enhance current safety measures.

 Third, the public has an interest in reducing the danger and emission associated with current aerial cinematic capture methods, namely, full size helicopters. eOpinionTV

UASs are battery powered and create no emissions. If an eOpinionTV UAS crashes

, there is no fuel to ignite and explode. The impact of eOpinionTV UASs is far less than a full size helicopter, notwithstanding the statistically noteworthy safety record of full size helicopters used in motion picture capture. The public's interest is furthered by minimizing ecological and crash impacts by permi tting motion pict ure capture through eOpinionTV UASs.

Progression of the arts and sciences has been fundamental to our society since its inclusion in the United States Constitution. Indeed, Congres s mandated the integration of UASs into our national airspace system, in part, to achieve progression in this noteworthy, and inevitable, field. Permitting e OpinionTV to immediately fly within the United States furthers these goals. Whether it is the amalgam of scientific discoveries applicable to feature film making (including those drawing upon architecture, physics, engineering and cultural inclusiveness) to advance ments in publicly usable technologies or advancements in equipment
availabl e to law enforcement personnel / first responders that does not cost millions of dollars, granting e OpinionTV exemption request substantially furthers the public's interest in ways known and currently unknown.

Reasons Why eOpinionTV ’s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

eOpinionTV ’s exemption will not adversely affect safety. Quite the contr ary, for the reasons stated, supra , permitting e OpinionTV to log more flight time in FAA controlled airspace
will allow e OpinionTV to innovate and implement new and as of yet undiscovered safetyPage | 5

protocols. In addition, e OpinionTV submits the following repr esentations of enhancements to current aerial motion picture capture techniques:

 eOpinionTV UASs weigh less than 55 pounds complete with feature length motion picture quality cameras like the Sony NEX VG 1O;

 eOpinionTV only operates its UASs below 400 feet;

 eOpinionTV UASs only operate for 5

- 10 minutes per flight;

 eOpinionTV lands its UASs when they reach 25% battery power;

 eOpi nionTV remote control pilots operate eOpinionTV UASs by line of sight;

 eOpinionTV remo te control pilots have video backup should they somehow lose sight of the UAS;

 eOpinionTV staffs each flight with a remote control pilot and spotter with communication systems enabling real time communication between them;

 eOpinionTV UASs have GPS flight modes whereby they hover and then slowly land if
communication with the remote control pilot is lost or battery power is below 25%;

 eOpinionTV actively analyses electronic flight data and other sources of information to constantly update and enhance s afety protocols;

 eOpinionTV only operates in secured areas that are strictly controlled, are away from airports and populated areas;

 eOpinionTV conducts extensive briefings prior to flight, during which safety carries primary importance;

 eOpinionTV alw ays obtains all necessary permissions and permits prior to operation; and,

 eOpinionTV has proced ures in place to abort flights in the event of safety breaches or potential danger.

eOpinionTV provides a level of safety at least equal to existing rules, and in nearly every instance, greater than existing rules. It is important to note that absent the integration of commercial UASs into our national airspace system, helicopters are the primary m eans of aerial motion picture capture. While the safety record of such helicopters is quite astounding, it is far safer to operate a battery powered lightw eight UAS. First, the potential loss of life is diminishedPage | 6

because UASs carry no people on board and eOpinionTV only operates them in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability of eOpinionTV UASs al low our remote control pilots to avoid hazards. Lastly, given their small size and weight, even when close enough to capture amazing images, eOpinionTV UASs need not be so close to the objects they are focused on. Accordingly, eOpinionTV UASs have operated and will continue to operate at and above current safety levels.

A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Cer tificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(l). The size, weight and enclosed operational area of eOpinionTV UASs permits exemption from Part 21 because eOpinionTV UASs meet an e quivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legisl ation permit the FAA to exempt UASs from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. eOpinionTV UASs meet or exceed each of the elemen ts.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircr aft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UASs, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the flight operations

center. Th e FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as eOpinionTV
UASs utili ze electronic global positioning systems and internal gyroscopes to provide spatial
coordination.

14 C.F. R. § 91.203 (a) and (b) provide for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons descri bed above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at the e OpinionTV flight operations center.Page | 7

B. 14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraf t to be marked according to certain specifications. eOpinionTV UASs are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

inch lettering is difficult to place on s uch small aircraft. Regardless, eOpinionTV will mark its UASs in the largest possible lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. §45.29 (f) so that the pilot, spotter and others working with the UAV will
see the m arkings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. eOpinionTV can achieve an equivalent level of safety as achieved by current Regulations because eO pinionTV UASs do not carry any pilots or passengers. Further, while helpful, a pilot license w ill not ensure remote control piloting skills, though eOpinionTV pilot vetting and training programs will. Further, private pilot licensees will operate eOpinionTV UASs
with the same skill. Additionally , the risks attendant to the operation of eOpinionTV U ASs is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing eOpinionTV to operate its UASs with a private pilot as the pilot in control will exceed current safety levels in relation to 14 C. F.R. §61.113 (a) & (b).

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

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. eOpinionTV UASs will never operate at an altitude greater than 400 feet AGL. eOpinionTV will, however, operate its UASs in cordoned off areas with security perimeters, providing a level of safety at least equivalent to
those in relation to minimum safe altitudes. Given the size, weigh t, maneuverability and speed of eOpinionTV UASs, an equivalent level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

The above

- cited Regulations require, amongst other things, aircraft ow ners and operators to "have [the] 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."

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to eOpinionTV should its requested exemption be granted. eOpinionTV conducts an extensive maintenance program that involves regular software updat es andPage | 8

constant inspection for assessment of any damaged hardware. Therefore, an equivalent level of safety will be achieved.

F. Summary

eOpinionTV seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H;

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(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.1 21; 14 C.F.R. § 1.15 1(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R . § 91.405 (a); 14 C.F.R. § 91.407 (a)(l);

14 C.F.R. § 91.409 (a)(2); 1 4 C.F.R. § 91.409 (a)(2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate its fleet of small unm anned vehicles and lightweight unmanned aircraft vehicles in motion picture or television operations, to conduct its own research and to develop economic platforms for law enforcement I first responders, search and rescue.

Granting eOpinionTV ’s request for exemption will reduce current risk levels and thereby enhance safety. Currently, motion picture image capture relies primarily on the use of larger aircraft running on combustible fuel. eOpinionTV UAS craft do not contain potentially explosive fuel, are smaller, lighter and more maneuverable than conventional motion picture aircraft. Further, eOpinionTV operates at lower altitudes and in controlled airspace. eOpinionTV has been analyzing flight data and other information in compiling novel safe ty protocols and the implementation of a flight operations manual that exceeds currently accepted means and methods of safe flight.

There are no people on board eOpinionTV UASs and therefore the likelihood of death or serious bodily injury is significantl y limited. eOpinion TV operation of its UASs, weigh ing less than 55 pounds and traveling at speeds lower than 50 knots in cordoned off areas will provide at least an equivalent level of safety as that achieved under current FARs.

eOpinionTV respectfully requests that the FAA grant its exemption request without delay. The FAA has the authority to issue the exemption sought by eOpinionTV pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Sincerely,

Jaoana Dean Richard Bilyak