### 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 Richar d Bilyak and Jaoana Dean , d/b/a A erial Media Channel
, owner s and operator s 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 reg ulated 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 unmanne d aircraft for aerial photography in the following applications:

 

### C rop inspections for water usage, disease
, runoff , soil condition , erosion

 Flood, fire, natural disaster site mapping and investigation

 3D mode ling for environmental analysis and con struction oversight

 Solar array measurement for light absorpt ion , generation , extract ion , defective cells

 I nspection of power generation and conduit system s

 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) UAS s in tightly controlled and limited airspace. Predetermined and specific ally 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 UA Ss are legally operated by amateurs with no flight experience, safety plan or controls in place to pre vent catastrophe. Aerial Media Channel uses a website application to monitor, evaluate and implement all aerial video activities with a pre

- fligh t safety and flight plan system.Page | 2

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 Me dia 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 Feder al 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 A erial 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 pr event Aerial Media Cha nnel 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 t he public's interest to do so. Aerial Media Channel UAS s 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 o f 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 f our counter

- rotating propellers for extreme balance, control and stability. They each weigh less than 55 po unds, including photograph ic or other equipment. Aerial Media Channel U AS s 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 si ght 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.Page | 3

Utilizing batter y 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 comm unication with the radio control pilot is lost and then to slowly descend at twenty five percent batter y capacity. Further, Aerial Media Channel ‘s fleet is programmed, in some instances, to slowly follow a predetermined set of waypoints to return to a saf ety 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 size s and weight s 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 p romulgated the R eform Act and the corresponding directive to integrate UASs into the national airspace system. Indeed
, Aerial Media Channel UA Ss have a demonstrable safety record and do not pose any threat to the general public or national security.

The FA A 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 inter est.

 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 oper ations every time it flies one of its UAS s . 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, f ull 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, no twithstanding 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 pict ure capture through Aerial Media Channe l UASs.Page | 4

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 availabl e 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 innov ate 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 pou nds 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 wit h 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 secure d 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 permissio ns and permits prior to operation; and,

 Aerial Media Channel has proced ures in place to abort flights in the event of safety breaches or potential danger.Page | 5

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 helicopter s is quite astounding, it is far safer to operate a battery powered lightw eight 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 populati ons. 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 abov e 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 Cer tificates, Manuals and The Like

. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procu rement 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 safet y 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 manua l 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 globa l 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 equiv alent level of safety will be achieved by maintaining such certifications and registrations at the Aerial Media Channel flight operations center.Page | 6

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

Applicable Codes of Federal Regulation require aircraft to be mark ed 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 suc h 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 UA S will s ee 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
wi ll 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 operat ion 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 cur rent 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 co nditions. 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 i n 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, hav e 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.Page | 7

Summary

Aerial Media Channel seeks an exemp tion 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. § 91.1 21; 14 C.F.R. § 1.15 1(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); 1 4 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 ligh tweight 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 wi ll 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 smal ler, 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, weigh ing 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 "Ac t").


### Sincerely,

R ichard Bilyak Jaoana Dean