May 31, 2015

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 Aerial 

Media Channel, owners and operators of small unmanned aircraft, be exempted from the Federal 

Aviation Regulations ("FARs") listed below so that Aerial Media Channel 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.

Aerial Media Channel will be using small unmanned aircraft for aerial photography in the following 

applications:

 Crop inspections for water usage, disease, runoff, soil condition, erosion

 Flood, fire, natural disaster site mapping and investigation

 3D modeling for environmental analysis and construction oversight

 Solar array measurement for light absorption, generation, extraction, defective cells

 Inspection of power generation and conduit systems

 Residential and commercial photography

 Turbine blade inspection

 Monitoring of oil and gas pipelines

Aerial Media Channel’s exemption request would permit its operation of lightweight, unmanned

(remotely controlled in line of sight) UASs in tightly controlled and limited airspace. Predetermined and

specifically marked areas of operation, cordoned off locations and corresponding enhancements to 

current safety controls will allow Aerial Media Channel 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. 

Aerial Media Channel uses a website application to monitor, evaluate and implement all aerial video

activities with a pre-flight safety and flight plan system.
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Granting Aerial Media Channel’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, Aerial Media Channel will conduct its 

operations in compliance with the protocols described herein or as otherwise established by the FAA.

Aerial Media Channel 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, Aerial Media Channel 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 Aerial Media Channel Seeks and the Reason It Seeks Such Relief: 

Aerial Media Channel 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 Aerial Media Channel

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. Aerial Media Channel UASs

meet the definition of "small unmanned aircraft" as defined in Section 331 and therefore the integration 

of Aerial Media Channel lightweight UASs are expressly contemplated by the Reform Act. 

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 Aerial Media Channel.

Aerial Media Channel UASs utilize four counter-rotating propellers for extreme balance, control and 

stability. They each weigh less than 55 pounds, including photographic or other equipment. Aerial Media 

Channel 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, Aerial Media Channel uses a spotter so 

that, at minimum, two Aerial Media Channel personnel govern the safe flight of an Aerial Media Channel

aircraft at all times. 
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Utilizing battery power and not combustible fuels, flights generally last between five and ten minutes. 

Aerial Media Channel 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, Aerial Media 

Channel‘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. 

Aerial Media Channel 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 Aerial 

Media Channel 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. 

Aerial Media Channel’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 Aerial 

Media Channel UASs, and combined with their operation in well-controlled areas, Aerial Media 

Channel’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, Aerial Media 

Channel UASs have a demonstrable safety record and do not pose any threat to the general public or 

national security.

The FAA has the authority to issue the exemption to Aerial Media Channel pursuant to the Federal 

Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Commercial and Public Benefits

Granting Aerial Media Channel’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, Aerial Media Channel 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 Aerial Media Channel 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. Aerial Media Channel UASs are 

battery powered and create no emissions. If an Aerial Media Channel UAS crashes, there is no 

fuel to ignite and explode. The impact of Aerial Media Channel 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 Aerial Media Channel UASs.
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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 

Aerial Media Channel to fly within the United States furthers these goals. Whether it is the amalgam of 

scientific discoveries, advancements in publicly usable technologies or advancements in equipment 

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

Aerial Media Channel exemption request substantially furthers the public's interest in ways known and 

currently unknown.

Reasons Why Aerial Media Channel’s Exemption Will Not Adversely Affect Safety Or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

Aerial Media Channel’s exemption will not adversely affect safety. Quite the contrary, for the reasons 

stated, supra, permitting Aerial Media Channel to log more flight time in FAA controlled airspace will 

allow Aerial Media Channel to innovate and implement new and as of yet undiscovered safety protocols. 

In addition, Aerial Media Channel submits the following representations of enhancements to current 

aerial motion picture capture techniques:

 Aerial Media Channel UASs weigh less than 55 pounds complete with feature length motion 

picture quality cameras like the Sony NEX VG 10 and FLIR Quark 336 EO/IR Thermal; 

 Aerial Media Channel only operates its UASs below 400 feet;

 Aerial Media Channel UASs only operate for 5-10 minutes per flight;

 Aerial Media Channel lands its UASs when they reach 25% battery power;

 Aerial Media Channel remote control pilots operate Aerial Media Channel UASs by line of sight;

 Aerial Media Channel remote control pilots have video backup should they somehow lose sight 

of the UAS;

 Aerial Media Channel staffs each flight with a remote control pilot and spotter with 

communication systems enabling real time communication between them;

 Aerial Media Channel 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%;

 Aerial Media Channel actively analyses electronic flight data and other sources of information to 

constantly update and enhance safety protocols;

 Aerial Media Channel only operates in secured areas that are strictly controlled, are away from 

airports and populated areas;

 Aerial Media Channel conducts extensive briefings prior to flight, during which safety carries 

primary importance;

 Aerial Media Channel always obtains all necessary permissions and permits prior to operation; 

and,

 Aerial Media Channel has procedures in place to abort flights in the event of safety breaches or 

potential danger.
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Aerial Media Channel 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 because UASs carry no 

people on board and Aerial Media Channel 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 Aerial Media Channel UASs 

allow our remote control pilots to avoid hazards. Lastly, given their small size and weight, even when 

close enough to capture amazing images, Aerial Media Channel UASs need not be so close to the objects 

they are focused on. Accordingly, Aerial Media Channel UASs have operated and will continue to 

operate at and above current safety levels.

A Summary The FAA May Publish in the Federal Register:

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 Aerial Media Channel UASs permits exemption from Part 21 because Aerial Media 

Channel 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. Aerial Media Channel

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 Aerial Media Channel 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 Aerial Media Channel flight 

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

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. 

Aerial Media Channel 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 such small aircraft. Regardless, Aerial Media Channel 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 UAS will see the markings. The FAA has previously issued 

exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

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. Aerial 

Media Channel can achieve an equivalent level of safety as achieved by current Regulations because 

Aerial Media Channel UASs do not carry any pilots or passengers. Further, while helpful, a pilot license 

will not ensure remote control piloting skills, though Aerial Media Channel pilot vetting and training 

programs will. Further, private pilot licensees will operate Aerial Media Channel UASs with the same 

skill. Additionally, the risks attendant to the operation of Aerial Media Channel UASs is far less than the 

risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing Aerial 

Media Channel 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).

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. Aerial Media Channel UASs will never operate at an 

altitude greater than 400 feet AGL. Aerial Media Channel 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 Aerial Media Channel

UASs, an equivalent level of safety will be achieved.

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 Aerial Media Channel should its requested exemption be granted. Aerial Media Channel conducts an 

extensive maintenance program that involves regular software updates and constant inspection for 

assessment of any damaged hardware. Therefore, an equivalent level of safety will be achieved. 
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Summary

Aerial Media Channel 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 Aerial Media Channel’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. Aerial Media Channel UAS craft do not contain potentially explosive fuel, 

are smaller, lighter and more maneuverable than conventional motion picture aircraft. Further, Aerial 

Media Channel operates at lower altitudes and in controlled airspace. Aerial Media Channel 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 Aerial Media Channel UASs and therefore the likelihood of death or 

serious bodily injury is significantly limited. Aerial Media Channel 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. 

Aerial Media Channel respectfully requests that the FAA grant its exemption request without delay. The 

FAA has the authority to issue the exemption sought by Aerial Media Channel pursuant to the Federal 

Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Sincerely,

Richard Bilyak Jaoana Dean