Before the

FEDERAL AVIATION ADMINISTRATION

Washington, DC 20591

In the Matter of 

Cox Media Group 

WSB-TV, Channel 2, Atlanta

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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 (“CMG”) respectfully requests an exemption 

from the Federal Aviation Administration (“FAA”) Regulations listed in Section III1 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 recently 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 have been previously approved by the FAA in past 

grants of exemptions,

3 for newsgathering and to limit operations to less than 60 miles per hour

and away from airports. This exemption petition is also accompanied by the CMG Operations 

Manual and relevant User Guides 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 granting 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. CMG’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 small UAS (“sUAS”)

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:

• Automatic 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 to prevent accidental operation of the 

device in restricted airspace; and

• A top speed of less than 60 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 certificate from the FAA and a valid 

driver’s license (or appropriate 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 will 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 feet, 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., 

Docket No. FAA-2014-0642, to the extent the conditions and limitations are more permissive 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 purchase 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 several 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 approximately 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 active. 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 Are 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 fraction of 

 7 See Exemption No. 11408.

8 Exemption No. 11407 at 2 to UAV-IQ LLC (Apr. 22, 2015) (citing Exemption Nos. 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 Statutory Authority to Grant This Exemption

The 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, the 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 “operate 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 security, 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 systems 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 no 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 use a system 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, Certification 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 FAAissued 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 

exemption. 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 exemptions 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 certificates

from acting as the PIC of an aircraft that is carrying passengers or property for compensation or 

hire. As recognized 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 civil 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. 11213.

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 

purposes 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 subject 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 proposed 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 exemption is required because 

the sUAS ultimately deployed may not have a barometric altimeter, but rather incorporates radio 

altimetry via the onboard GPS. An equivalent level of safety will be achieved through use of the 

operations and maintenance manuals governing 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 requirements 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 Phantom 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 the Operations 

Manual for the sUAS selected by CMG for videography. The proposed operations will allow for 

an almost immediate safe recovery and landing if a malfunction occurs, providing a comfortable 

operating envelope and ensuring an equivalent level of safety. CMG’s sUAS operations will 

achieve an equivalent level of safety through maintenance and inspections performed in 

accordance with the sUAS Operations Manual. As provided in the operations manual, 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 partnership 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 reasons 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.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.

pdf

• DJI Phantom 3 Advanced – http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.2_en.p

df

• DJI Inspire 1 – http://download.djiinnovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf