June 16, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC, 20590

Regarding: TCommPro (Jerry Lujan) REQUEST FOR EXEMPTION UNDER TITLE 14 CFR, SECTION 333 

Dear Sir or Madam; 

Since 2001, TCommPro (Jerry Lujan) has been privileged to work as a project manager and construction 

manager in Northern California markets for multiple National wireless carriers. Our works includes projects in 

modifying and building cellular towers, including maintenance activities such as antenna/radio changes, fiber 

troubleshooting, coax inspections, equipment inventory, and cellular tower surveys for future modifications and 

enhancements. 

As a Construction Manager, TCommPro is required to perform different inspections on cellular towers. These 

inspections validate the construction techniques and procedures and often require contractors to accept greater 

risk by climbing towers numerous times. We have found that by using a “small Unmanned Aircraft System” 

(UAS) with a high resolution camera mounted on it, often times we can accomplish the same inspections and 

alleviate the need to put our contractors in danger. TCommPro mission is to provide safer inspection services to 

the telecommunication industry by reducing the frequency need to climb towers. With TCommPro UAS, we 

will be able to provide services that will limit this need and conduct inspections from the ground.

Data captured from the flights will assist in determining the physical condition of the towers equipment but also 

provide real-time functionality and transmission ability of the tower. Information gathered can provide 

indication of malfunction, damage from lighting strikes, strobe light condition, coax condition ect. Typical 

service requires technicians to make multiple climbs to the tower before commencing any repair work. The 

elimination of necessary climbs to inspect would result in less danger to the crew and increase in making the 

environment safer. Therefore, the purpose of this petition is to improve safety at the cellular locations by 

eliminating the need for tower climbing visual, measurement and signal. 

For every flight that TCommPro performs, inspection tasks performed will be done with the crew and 

bystanders’ safety concerns in mind. Cell phone towers are highly restricted areas with low potential for 

consumers or bystanders to be in the area. Cell phone towers are also restricted from any and all air traffic and

have minimal to zero likelihood of nearby aircraft. 

TCommPro shares Congress’s goal of getting UAS flying commercially in the United States safely and soon. In 

the FAA Modernization and Reform Act of 2012, Congress directed the FAA “to safely accelerate the 

integration of civil unmanned aircraft systems in the National Airspace System and under section 333 of the 

law, gave the FAA power to grant innovators “expedited operational authorization” to do so.
By this petition, TCommPro, is seeking authorization to conduct operations with a “small Unmanned Aircraft 

System” (UAS) with permission from our wireless carriers and property owners on cell tower locations also 

considered construction sites, in order to improve the safety and ensure quality assurance for the facilities we 

are inspecting. 

Pursuant to section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 CFR Part 11, 

TCommPro, (“Petitioner”), requests exemption from several provisions of the Federal Aviation Regulations 

(“FAR”). Specifically, portions of 14 CFR Parts 21, 27, 45, 61 and 91 to allow the use of the UAS – DJI 

Phantom, in the National Airspace System (NAS) by knowledged individuals in all regulations and operations 

of aircraft according to FAA regulations.

A. Petitioners Information

TCommPro

2112 Harborage Way

Oakley Ca 94561

(925)727-2587

B. Specific section or sections of 14 CFR from which TCommPro seeks exemption 

a. 14 CFR Part 21 Subpart H 

b. 14 CFR Part 27 

c. 14 CFR § 45.23(b) 

d. 14 CFR § 45.27 

e. 14 CFR §§ 61.113(a) and (b) 

f. 14 CFR § 91.119 

g. 14 CFR § 91.121 

h. 14 CFR § 91.151(a); 

i. 14 CFR § 91.203(a) and (b) 

j. 14 CFR § 91.405(a) 

k. 14 CFR § 91.407(a)(1) 

l. 14 CFR §§ 91.409(a)(1) and (2) 

m. 14 CFR §§ 91.417(a) and (b) 

C. The reasons TCommPro seeks relief

If granted the above exemptions, TCommPro will operate the UAS with the property owner’s permission. 

TCommPro intends to use the UAS for the following activities;

a. Tower inspections for modifications and improvements

b. Visual Documentation of Existing Site Conditions before Construction 

c. Visual Documentation of Existing Site Conditions during Construction 

d. Visual Documentation of Existing Site Conditions after Construction 

e. Quality Control / Quality Assurance Inspections 

D. The Aircraft

TCommPro specifically proposes to conduct UAS operations using small UAS including the DJI Phantom 3. 

The DJI Phantom is a multi-rotor aircraft built with a carbon airframe. The DJI Phantom has a maximum 

takeoff weight of 1 kg (2.21b. The DJI Phantom is powered by a 3-Cell Lithium Polymer battery with 5200 
mAh, which provides 10-15 minutes of flight. The DJI autopilots features auto-takeoff and landing, auto go 

home and landing, GPS waypoint navigation, direction lock, and GIS Mapping. 

Specifications include: DJI Phantom:

• Diameter: 350 mm (1.15ft) 

• Maximum Weight: 1 kg (2.2 lb) 

• Number of Motors: 4 

• Power of Motors- 114 W 

• Maximum Cruise Speed: 10 m/s (19 kts) 

• Maximum Climb Rate: 6 m/s (-1200 fpm) 

 Maximum Wind Speed: 8 m/s (15.6 kts) 

TCommPro agrees that the UAS will include, at minimum: flights not to exceed a maximum altitude ceiling of 

400' AGL, flight programming capabilities, a flight termination link available to the operator to prevent a "fly 

away," and safe abort procedures. If the UAS loses communications or its GPS signal, the UAS will return to a 

pre-determined location and land or be recovered in accordance with the Operations Manual. The UAS will 

have markings identifying the serial number and identification (N-number) markings as large as practicable. 

Further, TCommPro UAS operation will comply with all manufacturer Safety Bulletins. The UAS to be used 

will weigh less than 25 pounds. 

E. Operating Parameters

a. Petitioner proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at 

least an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the already safe 

operations conducted with conventional aircraft. Further details about the aircraft and operating 

procedures are available in the Operations and Training Manual. 

b. The limitations and conditions to which TCommPro agrees to be bound when conducting 

operations with UAS include; 

i. UAS Pilot and Observer 

1. Completed FAA Private Pilot Ground school instruction and passed the FAA Private 

Pilot written exam. 

2. All UAS operations must utilize a visual observer ("VO"). 

3. The pilot-in-command ("PIC") and VO must be able to communicate verbally during 

all Operations. If unable to maintain two-way communication, or if any condition occurs, 

 that may otherwise cause the operation to be unsafe, the operator will immediately 

 Conclude the operation.

ii. Operational Parameters

1. Aircraft will not carry pilots or passengers, and aircraft will not carry explosive 

materials or flammable liquid fuels. 

2. UAS must be operated within visual line of sight of the pilot at all times. 

3. UAS may not be flown at ground speeds exceeding 30 knots. 

4. Flights will be operated at an altitude of no more than 400 feet above ground level. 

5. Each UAS operation will be completed within 20 minutes flight time or 25% battery 

 power remaining, whichever occurs first. At 30% battery the UAS will enter a return

 and land sequence, at 20% it will land immediately.
6. The UAS flight will be aborted in the event of unpredicted obstacles or emergencies in

 accordance with the Operations Manual. 

7. Operations will be limited to sparsely populated areas under the land owners consent. 

8. The operator must obtain a Certificate of Waiver of Authorization (COA) prior to 

 conducting any operations under this grant of exemption.

9. Before conducting operations, the radio frequency spectrum used for operation and 

 control of the UAS will comply with the FCC or other appropriate government

 oversight agency requirements. 

10. UAS operations will not be conducted during night, as defined in 14 C.F.R. § 1.1. All

 operations will be conducted under visual flight rules (VFR).

11. The UAS will not be operated by the PIC from any moving device or vehicle. 

12. The UAS will not be operated less than 500 feet below or less than 2,000 feet 

 horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

13. The UAS will not operate in class B, C, or D airspace without approval from the

 FAA. The UAS will not operate within 5 nautical miles of the geographic center of a 

 non-towered airport as denoted on a current FAA published aeronautical.

14. Any incident, accident, or flight operation that transgresses the lateral or vertical

 boundaries of the operation area defined by the applicable COA will be reported to 

 the FAA’s office within 24 hours. Accidents will be reported to the National

 Transportation Safety Board (NTSB) per instructions contained on the NTBS web

 site; www.ntsb.gov. 

15. The operator will follow the procedures as outlined in its Operation Manual. 

16. The Operations Manual will be made available upon request. 

17. Prior to each flight, the pilot will inspect the UAS to ensure it is in condition for safe

 flight. If the inspection reveals a discrepancy, the aircraft will be prohibited from in a 

 Operating until the necessary maintenance has been performed and the UAS is found

 to be condition for safe flight.

18. All maintenance and alterations will be properly documented in the aircraft records. 

19. Petitioner will institute a rigorous maintenance program to ensure airworthiness of the

 UAS. Operator will follow the manufacturer's UAS aircraft/component,

 maintenance, overhaul; replacement, inspection, and life limit requirements. 

20. Operator will develop procedures to document and maintain a record of the UAS 

 maintenance, preventative maintenance, alterations, status of replacement/overhaul 

 component parts, and the total time in service of the UAS. These procedures will be 

 added to the Operations Manual.

Specific Sections of C.F.R. from which Petitioner Seeks an Exemption 

TCommPro requests exemption from the following Federal Aviation Regulations (FARs) to the extent 

necessary to enable the requested UAS operations for the reasons detailed below;

1. 14 C.F.R. Part 21 Subpart H Airworthiness Certificates 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates. Given the size and limited operating area associated with the aircraft to be utilized. 

An exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the FMRA both authorize the 
FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all 

cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in 

the proposed environments and under the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the 

restrictions and conditions proposed.

The DJI Phantom is to be operated hereunder is less than 25 pounds each including payload, carries neither a 

pilot nor passenger, carries no explosive materials nor flammable liquid fuels, and will operate exclusively 

within the parameters stated in the Operations Manual. Unlike other civil aircraft, operations under this 

exemption will be tightly controlled and monitored by both the operator and under the requirements and in 

compliance with local public safety requirements, to provide security for the area of operation. Finally, these 

UAS, as a result of its size, weight, speed; operational capability and operation within visual sight will not 

create a hazard to users of the national airspace system or pose any threat to national security.

2. 14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft 

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal category 

rotorcraft. To the extent the Petitioner's DJI Phantom would otherwise require certification under Part 27, as a 

rotorcraft, Petitioner requests an exemption from Part 27's airworthiness standards for the same reasons 

identified in the exemption request from item A. 14 CFR Part 21, Subpart H. 

3. 14 C.F.R. § 45.23(b) Display of Marks; General; 14 C.F.R. § 45.27 Location ofMarks; Non-Fixed 

Wing 

Aircraft Section 45.23(b) requires markings in letters not less than 2 inches nor more than 6 inches high the 

words such as "limited, "restricted," and "experimental," as applicable. Section 45.27 requires that each operator 

of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail 

the marks required by§ 45.23. 

Given the size of the UAS, two-inch lettering will not be feasible. The UAS will also have no entrance to the 

cabin, cockpit, or pilot station on which the applicable words can be placed. An equivalent level of safety will 

be achieved by having any required words displayed on the aircraft, as applicable, in letters of legible size, in a 

location where the pilot, observer, and others working with the UAS will see the identification. The FAA has 

issued exemptions to § 45.23 in Exemptions Nos. 10700, 8738, 10167, 10167A and 11062. The FAA issued an 

exemption to 45.27 in Exemption No.8496B. 

4. 14 C.F.R. §§ 61.113(a) and (b) Private Pilot Privileges and Limitations 

Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Because the UAS will not carry a 

pilot or passengers, the proposed operations can achieve the equivalent level safety of current operations by 

requiring the PIC operating the aircraft to have completed FAA Private Pilot Ground school instruction and 

passed the FAA Private Pilot written exam to operate this small UAS. Unlike a conventional aircraft that carries 

the pilot and passengers, the UAS is remotely controlled with no living thing on board. The area of operation is 

controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Operations 

Manual. The level of safety provided by the requirements included in the pilot's certificate operating a conventional 

aircraft. The risks associated with the operation of the UAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested with 

a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R.§§ 61.113 (a) and (b). The FAA 

issued an exemption to this regulation in Exemption No. 1 1062.
5. 14 C.F.R. § 91.119 Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to 

be operated at less than the minimums prescribed, provided the person operating the helicopter complies with 

any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter 

and the exemption requests authority to operate at altitudes up to 400' AGL. As set forth herein, except for the 

limited conditions stated in the Manual, the UAS will never operate at altitudes higher than 400' AGL. It will 

however be operated in an area with perimeter, where buildings and people will not be exposed to operations 

without their pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed 

of the UAS as well as the location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. Compared to flight operations with aircraft or rotorcraft weighing far more 

than the maximum 25lbs proposed herein and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional aircraft operating at or below 400' AGL. 

In addition, the low-altitude operations of the UAS will ensure separation between these small UAS operations 

and the operations of conventional aircraft that must comply with Section 91.119. The FAA issued an 

exemption to this regulation in Exemption No. 11062.

6. 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 departure airport or an appropriate altimeter setting available before 

departure. The UAS will have a barometric altimeter for measuring relative altitude changes, but the displayed 

altitude on the ground station will be GPS measurements, therefore an exemption may be needed. An equivalent 

level of safety will be achieved by the operator, pursuant to the Operations Manual, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight. The FAA issued an exemption to this 

regulation in Exemption No. 11062.

7. 14 C.F.R. § 91.151(a) Fuel requirements for flight in VFR conditions

Section 91.151 (a) prohibits an individual from beginning a flight in an airplane 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- (1) During the day, to fly after that for at least 30 minutes; or (2) 

At night, to fly after that for at least 45 minutes." Complying with the 30 minute reserve requirement in 14 

C.F.R. § 91.151, would unnecessarily limit the length of TCommPro UAS flights. The batteries powering the 

DJI Phantom provide approximately 15 minutes of flight time. To meet the 30 minutes reserve requirement in 

14 C.F.R. § 91.151, the UAS flights would not be possible. Given the limitations on the UAS's proposed flight 

area and the location of its proposed operations within a predetermined area, a longer time frame for flight in 

daylight conditions is reasonable. Operating the small UAS in a tightly controlled area where only personnel 

and property owners will be present does not engender the type of risks that§ 91.151(a) was intended to 

alleviate given the size and speed of the small UAS. TCommPro believes that an equivalent level of safety can 

be achieved by limiting flights to 12 minutes or 25% of battery power, whichever happens first. The FAA 

issued an exemption to this regulation in Exemption No.1 1062 and 10673.

8. 14 C.F.R. §91.203 (a) and (b) Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part; 

a. Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the 

following: 

i. An appropriate and current airworthiness certificate 

b. No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of

 this section or a special flight authorization issued under §91.715 is displayed at the cabin or

 cockpit entrance so that it is legible to passengers or crew.
The UAS fully loaded weighs no more than 25 lbs. and is operated without an onboard pilot. As such, there is 

no ability or place to carry certification and registration documents or to display them on the UAS. An 

equivalent level of safety will be achieved by keeping these documents at the ground control point where the 

pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. The FAA 

has issued numerous exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

9. 14 C.F.R. § 91.405(a) Maintenance Required; 14 C.F.R. § 91.407(a)(1) Operation After Maintenance, 

Preventive 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 have 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 discrepancies repaired as prescribed in part 43 of this chapter...” and others shall inspect or maintain in 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 the Petitioner. Maintenance will be accomplished by the operator pursuant to the Operations 

Manual. An equivalent level of safety will be achieved because these small UAS are very limited in size and 

will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues 

arise, the UAS can land immediately and will be operating from no higher than 400' AGL. As provided in the 

Operations Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, 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. The FAA issued an exemption to these regulations in Exemption No. 11062.

10. Such Other Relief as the FAA Deems Appropriate 

TCommPro also requests exemption from such other FARs as the FAA Grant of Exemption issued pursuant to 

this Petition, the FAA issues interim or final rules for small UAS, TCommPro requests that it be relieved of the 

requirements of any conditions and limitations of said exemption and allowed to comply with any less 

burdensome applicable regulations that may have become effective. 

CONCLUSION 

Based on the satisfaction of the criteria provided in Section 333 of the FMRA regarding size, weight, speed, 

operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and 

national security, TCommPro requests that the FAA grant it the necessary exemptions under Section 333 of the 

FMRA as requested herein to allow the use of small UAS aircraft for inspection of Telecommunication 

construction projects. 

If you need additional information, don’t hesitate to contact us at 925-727-2587.

Respectfully, 

Jerry Lujan

President