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, owners and operators of small unmanned aircraft, be 

exempted from the Federal Aviation Regulations ("FARs") listed below so that eOpinionTV may 

operate 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, Richard 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 Judge 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. 
 

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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, specifically 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 prevent 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 herein 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 of 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 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); 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 operating to prevent 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 UASs 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 governing 

such craft.
 

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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 

operated 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 four counter-rotating propellers for extreme balance, control 

and stability. They each weigh less than 55 pounds, including cinematic or other equipment. 

eOpinionTV UASs 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 radio control pilot is lost and then to slowly descend at twenty five percent battery 

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 lost. 

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 near 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-fly 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 protocols 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 sizes and 

weights of eOpinionTV UASs, combined with their operation in cordoned off and wellcontrolled areas, eOpinionTV’s fleet falls within Congress' contemplated safety zone when it 

promulgated the Reform Act and the corresponding directive to integrate UASs into the

national airspace system. Indeed, eOpinionTV UASs have a demonstrable safety record and do 

not pose any threat to the general public or national security.
 

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The FAA has the authority to issue the exemption 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 in 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 UASs. 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 

further 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 permitting motion picture 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, Congress mandated the integration of UASs 

into our national airspace system, in part, to achieve progression in this noteworthy, and

inevitable, field. Permitting eOpinionTV 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 advancements in publicly usable technologies or advancements in equipment 

available to law enforcement personnel/first responders that does not cost millions of dollars, 

granting eOpinionTV 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 contrary, for the 

reasons stated, supra, permitting eOpinionTV to log more flight time in FAA controlled airspace 

will allow eOpinionTV to innovate and implement new and as of yet undiscovered safety 
 

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protocols. In addition, eOpinionTV submits the following representations 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;

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

 eOpinionTV remote 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 safety 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 always obtains all necessary permissions and permits prior to operation; 

and,

 eOpinionTV has procedures 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 means of aerial 

motion picture capture. While the safety record of such helicopters is quite astounding, it is far 

safer to operate a battery powered lightweight UAS. First, the potential loss of life is diminished 
 

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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 allow 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 Certificates, 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 equivalent 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 legislation 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 elements.

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 aircraft 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. The 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 utilize 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 described above. The equivalent level 

of safety will be achieved by maintaining such certifications and registrations at the eOpinionTV 

flight operations center.
 

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

Applicable Codes of Federal Regulation require aircraft 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, twoinch lettering is difficult to place on such 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 markings. 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 eOpinionTV UASs do not carry any pilots or passengers. Further, while 

helpful, a pilot license will 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 UASs 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, weight, 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 owners 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 updates and 
 

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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. § 91.121; 14 C.F.R. 

§ 1.151(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); 14 C.F.R. § 91.409 (a)(2); and, 14 C.F.R. §§ 91.417 (a) & (b) to 

commercially operate its fleet of small unmanned 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 safety 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 significantly limited. eOpinionTV operation of its UASs, weighing 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