Before the
FEDERAL AVIATION ADM INISTRATION Washington, DC 20591

In the Matter of

Cox Media Group

WSB

- TV, Channel 2, Atlanta ) ) ) ) ) Docket No. __

COX MEDIA GROUP FOR WSB

- TV, CHANNEL 2, ATLANTA
PETITION FOR EXEMPTION
SUMMARY GRANT REQUESTED

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

. F

. R

. Part 11, Cox Media Group , LLC (“C MG ”) respectfully requests an exemption
from the Federal Aviation Administration (“FAA”) Regulations listed in Section I II 1 to permit
commercial aerial photography, cinematography, videography, and other flight operations to support newsgathering using unmanned aircraft systems (“UAS”)

. CMG is working closely with the Georgia Tech Research Institute (“ GTRI ”) on this matter

.

Under Section 333 of the FMRA and 14 C

. F

. R

. Part 11, the FAA may grant exemptions

to permit commercial UAS operations that will be conducted within the conditions outlined
herein or as may be established by the FAA as required by Section 333. The FAA re cently used this authority to authorize sUAS for newsgathering, the same relief requested herein , pursuant to summary grant procedures

. 2 CMG respectfully requests a similar summary grant for the reasons
set forth below.

CMG seeks authority to use the DJI Phantom 3 Professional, DJI Phantom 3 Advanced
DJI Phantom 2

, or DJI Inspire 1

, all of which ha ve been previously approved by the FAA in past grants of exemptions

, 3 for newsgathering and to limit operations to less than 6 0 miles per hour
and away f rom air ports

. This exemption petition is also accompanied by the CMG Operations
Manual and relevant User Guide s that will depict all contingencies.

The contact information for the applicant is: Dave Siegler Vice President Technical Operations

1 See infra Section III.

2 See Exemption No. 11408

, ArrowData, LLC, Docket No. FCC

- 2015

- 0131 (Apr. 22, 2015).

3 See, e.g.

, Exemption No. 11481 (granting an exemption for the DJI Phantom 3 Professional and DJI
Phantom 3 Advanced ); Exemption No. 11153, Burnz Eye View, Inc., Docket No. FAA

- 2014

- 05819 (granting a Section 333 exemption for the DJI Phantom 2); Exemption No. 11153A

, Burnz Eye View,

Inc. (amending Exemption No. 11153 and grant ing a Section 333 exemption for the DJI Inspire )

.2 Cox Media Group

, LLC 6205 Peachtree Dunwoody Road, NE Atlanta, GA 30328
Tel: 678

- 645

- 4255

I. C MG ’s Proposed Operations

The enclosed Operations Manual describes the policies and procedures for CMG ’s proposed operations with sUAS in detail

. CMG seeks authority to utilize a s mall UAS (“s UAS ” ) previously authorized by the FAA , specifically the DJI Phantom 3 Professional, DJI Phantom 3
Advanced

, DJI Phantom 2

, and DJI Inspire 1 , within the confines of the “blanket” 200

- foot

COA

, 4 previously granted conditions and limitations, 5 and the following safety criteria:

• A utomatic termination of flight and immediate landing when the battery reaches a predetermined low state ;

• Integrated global positioning system (“GPS”);

• Failsafe modes of operation for either loss of radio control or GPS signal ;

• A flight controller that will warn the pilot before reaching a low battery state;

• Firmware that includes a no fly zone feature t o prevent accidental operation of the device in restricted airspace; and

• A top speed of less than 6 0 MPH

.

All sUAS Pilots in Command (“ PICs ”) acting as an employee or agent of CMG for its

sUAS operations will have at least a recreational or sport c ertificate from the FAA and a valid driver’s license (or a ppropriate medical certificate) with additional experience in unmanned aircraft operations. 6 The team composition will consist of a minimum of one pilot and one
Visual Observer (“VO”) during all operations , giving redundancy to the human element as well.
Pilots wi ll be well trained in areas of both normal and abnormal operations equipped with checklists and operations and maintenance manuals to be able to contend with any scenario.

4 The blanket COA requires sUAS operations to be at or below 200 f eet, utilize an UAS weigh less than 55 pounds, operate during daytime Visual Flight Rules ( “ VFR ” ) conditions, operate within visual line of sight ( “ VLOS ” ) of the pilots, and stay certain distances away from airports or heliports . FAA, FAA
Streamlines UAS COAs for Section 333 (Mar. 24, 2015), http://www.faa.gov/news/updates/?newsId=82245

.

5 Specifically, CMG agrees to the conditions and limitations of Exemption No. 11213

, Aeryon Labs, Inc.,
Dock et No. FAA

- 2014

- 0642, to the extent the conditions and limitations are more permissi ve than the
blanket COA.

6 See “ FAA Summary Grants Speed UAS Exemptions

, ” avail. at: https://www.faa.gov/news/updates/?newsId=82485

.3 II. An Exemption Will Advance the Public Interest

A. Both CMG and GTRI Have Sufficient Experience to Conduct Safe sUAS Operations

CMG proudly carries on the tradition of James M. Cox, who founded corporate parent, Cox Enterprises

, Inc. in 1898, with his pur chase of the Dayton Evening News (now the Dayton Daily News ). As the owner of several dozen television and radio stations, CMG has successfully and safely used helicopters to deliver breaking news and traffic reports to the public for many

years

.

CMG has closely followed the developments in UAS over the last se veral years and has partnered with the GTRI to further research and development in this area , including developing training and operation procedures specific to newsgathering

. GTRI has conducted research with UASs for over ten years and has received appro ximately 75 Certificates of Authorization (“COA”) for a variety of aircraft types, including fixed

- wing and rotary

- wing vehicles , including
two of the UAS at issue here

– the DJI Phantom 2 and DJI Inspire 1

. Of the 75 COAs, more than
two dozen remain acti ve. In addition, GTRI maintains a qualified UAS operations team that includes four licensed and current pilots, three of whom are experienced radio control pilots. Additional members of the flight team have completed ground school and passed the
written exam. All essential members of the GTRI flight team have class 2 medical certificates and have been through crew resource management training.

B. CMG ’s Proposed UAS Operations A re in the Public Interest and Would Not Adversely Affect Safety

The public interest weighs heavily in favor of granting an exemption for aerial photography and videography for newsgathering to CMG and GTRI

. Recently, the FAA granted a request for newsgathering via UAS. 7

CMG believes that, like in previous decisions, “ the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying
crew in addition to flammable fuel , gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. ” 8 Just as the FAA has “found that UAS provide an additional tool for the filmmaking industry, adding a greater degree of flexibility,
which supplements the current capabilities offered by manned aircraft ,” the FAA should find that further photography and videography operations provide a similarly safe, additional tool which is

in public interest. 9 Similar to movies and videography, each news assignment may require a completely different shot or view of a scene. With budgets for traditional helicopter use being greatly reduced, the UAS is the perfect solution to allow for easy newsgathering for a f raction of

7 See Exemption No. 11408.

8 Exemption No. 11 407 at 2 to UAV

- IQ LLC ( Apr

. 2 2, 2015) (citing Exemption No s . 11062 , 11109, 11112, and 11213 ).

9 Id.4 the cost. CMG intends to utilize the operations described in this petition to develop further safe techniques for UAS photography and videography.

III. The Extent of Relief CMG Seeks and the Reason It Seeks Such Relief

A. The FAA Possess the Statuto ry Authority to Grant This Exemption

T he FAA has general authority to grant exemptions from FAA safety regulations and minimum standards after making a determination that such exemptions are in the public
interest. 10 Moreover, t he FAA may grant the regulatory relief CMG seeks under Section 333 of the FMRA and Part 11 of the FAA’s rules. Under Section 333, the FAA may allow “certain unmanned aircraft systems” to “operat e safely in the national airspace system before completion”
of the rulemaking to allow UAS generally into the NAS. 11 The FMRA identifies key criteria to guide the analysis of exemption requests such as “size, weight, speed, operational capability, proximity to airports and populated areas,” and the risk to national securi ty, among others. 12
Thus, “[i]f the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft system s in the national airspace system.” 13

B. Granting Relief From Certain Regulations Will Not Adversely Affect Public Safety

CMG specifically requests exemption from the following regulations to the extent necessary to allow CMG to operate UAS for the purpose of its operations: 14 C.F.R. §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119, 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b)

.

As a general matter, CMG ’s operations will provide an equivalent level of safety during its operations. Unlike a manned helicopter, the sUAS being employed is lightweight, has no flammable fuel or other lubricants, operates at very slow speeds

, and stays well below any conflicting air traffic thereby providing, an equivalent level of safety when compared to currently employed manned aircraft.

The proposed sUAS to be employed is less than 55 lbs. when outfitted with all equipment
and batteries. There are n o flammable liquids or other hazardous materials that would propose a danger to the public or event participants. Accordingly, no threat to national security exists. All activities will be closely monitored by a team of aviation professionals and us e a s ystem with
redundancies in all areas. The equivalent level of safety will be achieved through the employment of flight manual and maintenance manual procedures, pilot training, and analytical risk management

.

10 49 U.S.C. § 40109(b).

11 FMRA § 333, 126 Stat. 11, 75 (2012 ).

12 Id.

13 Id.5 As a threshold matter, CMG requests that the FAA determine that its proposed operations
are similar to other grants for videography and photography and that the proposed operations
meet the conditions of Section 333

. 14 Therefore, CMG need not request, nor the FAA grant,
relief of part 21, Certificat ion procedures for products and parts, Subpart H

— Airworthiness Certificates , and related noise certification and testing requirements of part 36. Likewise, following current practice, CMG believes that it is not necessary to request relief from (i) 14

C.F .R. § 45.23(b), Display of marks: general , because CMG agrees that its UAS will be identified by serial number, registered in accordance with 14 C.F.R. part 45, Subpart C. Markings will be as large as practicable per § 45.29(f).

1. 14 C.F.R. § 61.23(a) and (c)
, Medical certificates: Requirement and
duration

In accordance with recently announced FAA policies, 15 CMG requests an exemption from 14 C.F.R. § 61.23(a) and (c), which requires PICs for certain operations to hold FAA

issued medical certificates or, for a smaller subset of operations, a valid U.S. driver’s license.

CMG ’s operators and VOs hold valid U.S. driver’s licenses, but may not hold FAA

- issued medical certificates. Therefore, it may not be able to comply with this regulation and requests an

exem ption. Because of the risk mitigations established in the conditions and limitations of the requested exemption, CMG believes that its PICs and VOs holding a U.S.

- issued driver’s license will not adversely affect safety.

2. 14 C.F.R. § § 61.101(e)(4) and (5) , Recreational pilot privileges and limitations; 61.113 (a) and (b) , Private pilot privileges and limitations: Pilot in command; 61.315(a), What are the privileges and limits of my sport pilot certificate?

CMG requests exemption s from 14 C.F.R. § § 61.101(e)(4) and (5); 61.113 (a) and (b); and 61.315(a) which prohibits individuals holding sport, recreational

, or private pilot certificate s from acting as the PIC of an aircraft that is carrying passengers or property for compensation or
hire. As reco gnized by previous exemptions and recent FAA policy changes, individuals with
sport, recreational

, and private pilot certifications can and do operate sUAS safely. 16

3. 14 C.F.R. § 91.7(a), Civil aircraft airworthiness

CMG requests an exemption from the civi l aircraft worthiness requirement under 91.7(a). As discussed above, Section 333 permits the FAA to exempt aircraft from the requirements of an

14 See, e.g. , Exemption No. 112 13.

15 FAA, FAA Summary Grants Speed Exemptions (Apr. 9 2015), https://www.faa.gov/news/updates/?newsId=82485 (“ A third class medical certificate is no longer required. Now, a Section 333 operator only needs a valid driver’s license to satisfy the medical requirement. ”).

16 Following the example of Exemption No. 11213, CMG believes similar relief from § 61.315(c)(2) and (3) is not necessary. However, should the FAA reach an opposite conclusion, CMG also requests relief from § 61.315(c)(2) and (3) to enable for compensation and hire operations by individuals holding sport pilot certificates.6 airworthiness certificate upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the identified sUAS, and the FAA has determined that such certificates are not necessary for UAS. Without such a certificate, CMG will be unable to comply with § 91.7(a). However, the FAA “ has determined that for the

pu rposes of this exemption the pilot may determine the aircraft is in an airworthy condition prior to flight. The FAA’s regulations state that the PIC of a civil aircraft is responsible for determining whether the aircraft is in a condition for safe flight. ” 17 CMG requests the FAA
make such a determination here. In addition, CMG urges the FAA to again find that relief from § 91.7(b) is not necessary. 18

4. 14 C.F.R. 91.119
, Minimum safe altitudes

CMG requests an exemption from 14 C.F.R. § 91.119 which provides for a minimum safe altitude requirement under which aircraft may operate. CMG ’s sUAS will operate below 400 AGL, and therefore below the required “minimum safe altitudes.” 19 Just operating at the low proposed heights limits overall risk. The current altitude and/or horizontal restrictions on rotorcraft assume a much heavier manned aircraft loaded with fuel and possible external stores. Furthermore, by operating at such lower altitudes, the sUAS will not interfere with aircraft that

are su bject to the minimum safe altitude regulations. CMG proposes to use an sUAS previously authorized by the FAA and all of these devices have a successful safety record . This record demonstrates that the sUAS can be safely used at these lower altitudes and closer operating
environments. The lightweight sUAS being proposed for use in this activity along with its precise guidance and redundant systems create an entirely different paradigm that should be considered by regulatory bodies. The activities being p roposed by this petitioner are in a very controlled and open area. CMG also will be working with the experienced and renowned GTRI
UAS team. CMG intends to conduct extensive training with its operators.

5. 14 C.F.R. § 91.121
, Altimeter settings

CMG requests an exemption from 14 C.F.R. § 91.121 , which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemp tion is required because
the sUAS ultimately deployed may not have a barometric altimeter, but rather incorporate s radio altimetry via the onboard GPS. An equivalent level of safety will be achieved through use of the operations and maintenance manuals go verning altitude control. CMG will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. The PIC will use the GPS
altitude indicator to continuously monitor the sUAS’s height, thus ensuring operation at safe
altitudes

.

17 Exemption No. 11213 at 11

.

18 Id.

19 See, e.g.

, id. at 11

- 12 (exempting petitioner from 91.119(c)).7 6. 14 C.F.R. § 91.151(b)
, Fuel requiremen ts for flight in VFR conditions

CMG requests an exemption from 14 C.F.R. § 91.151(b) , which restricts the operations
of rotorcrafts 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, to fly after that for at least 20 minutes.

The batteries that power the sUAS CMG intends to use will have a mission life of less
than one hour. The DJI Phan tom 3 Professional and DJI Phantom 3 Advanced have maximum flight times of approximately 23 minutes. The DJI Phantom 2 has a maximum flight time of 25 minutes with a fully charged battery, and the DJI Inspire 1 has a maximum flight time of approximately 18 minutes. Given the limited battery life and low maximum speeds, CMG urges an exemption from the 20 minute reserve requirement. The Commission has granted exemptions from this requirement to permit use of the aforementioned sUAS models with a five minute battery reserve requirement

. 20 CMG requests similar treatment.

7. 14 C.F.R. §§ 91.405 (a), 91.407(a) (1 ) and (2); 91. 409( a )(2); and 91. 417(a)

and (b)
, Maintenance Inspections

CMG requests an exemption from 14 C.F.R. §§ 91.405(a), 91.407(a)(1) and (2); 91.409(a)(2); and 91.417(a) and (b) which specify maintenance and inspection standards in
reference to 14 C.F.R. Part 43

. An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the sUAS will not
have.

All maintenance and inspections will be conducted in accordance with t he O perations

M anual for the sUAS selected by CMG for videography

. The proposed operations will allow fo r an almost immediate safe recovery and landing if a malfunction occurs

, provid ing a comfortable operating envelope and ensur ing an equivalent level of safety. CMG ’s sUAS operations will
achieve a n equivalent level of safety through maintenance and inspections performed in
accordance with the sUAS O perations M anual

. As provided in the o perations m anual, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. 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.

IV. Summary for Publication in the Federal Register

Pursuant to 14 C.F.R. § 11.81, the following summary may be published in the Federal Register:

Applicant seeks relief from the following rules: 14 C.F.R. §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119, 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b)

.

20 See, e.g., Exemption No. 11481 to Explosives Risk Managers LLC, Docket No. FAA

– 2015

– 0217 at 5 (May 1, 2015)

.8 Cox Media Group, LLC, in partner ship with the Georgia Technology Research Institute

, requests an exemption from the above rules to undertake commercial videography and aerial photography operations utilizing unmanned aircraft systems (“UAS”) and conduct tests regarding such operations

. These operations will use highly dependable, multi

- redundant UAS away from population centers subject to tight controls, risk management, and best practice mitigation strategies to ensure public safety. CMG will operate under the stricter of the conditions and limitations set forth in the blanket COA and Exemption No. 11213 to Aeryon
Labs Inc. The operations, including the attendant extensive safety measures, will provide a satisfactory level of safety to the FAA and public.

V. Conclusion

For the re asons set forth above, the FAA should grant the requested exemption in full and enable the proposed exciting and safe UAS operations.

Respectfully submitted,

COX MEDIA GROUP , LLC

By: /s/ Dave Siegler

Dave Siegler Vice President Technical Operations Cox Media Group , LLC 6205 Peachtree Dunwoody Road, NE Atlanta, GA 30328
Tel: 678

- 645

- 4255

June 5 , 2015

Enclosures:

• CMG Operations Manual

• DJI Phantom 2 User Manual

DJI Phantom 3 Professional, DJI Phantom 3 Advanced, and DJI Phantom 2 User Manuals are incorporated by reference and are available at:

• DJI Phantom 3 Professional

– http://download.dji

innovations.com/downloads/phanto m_3/en/Phantom_3_Professional_User_Manual_v1.2_en. pdf

• DJI Phantom 3 Advanced

– http://download.dji

innovations.com/downloads/phantom_3/en/ Phantom_3_Advanced_User_Manual_v1.2_en.p
df

• DJI Inspire 1

– http://download.dji

innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf