Before the FEDERAL AVIATION ADM INISTRATION Washington, DC 20591

In the Matter of

Bonneville International Corporation d/b/a KSL Broadcast Group ) ) ) ) ) Docket No. __

BONNEVILLE INTERNATIONAL CORPORATION D/B/A KSL BROADCAST GROUP

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, Bonneville International Corporation d/b/a KSL Broadcast Group (“KSL”) respectfully requests an exemption from the Federal A viation Administration (“FAA”)

r egulations detailed in Section I II to permit commercial aerial data collection 1 using unmanned aircraft systems (“UAS”) to support newsgathering

.

T he FAA may grant exemptions to allow commercial UAS operations so long as operations are conducted under the conditions necessary to meet the requirements of Section 333

. The FAA recently us ed this authority to authorize UAS use for newsgathering, the same relief requested herein , pursuant to summary grant procedures

. 2 KSL respectfully requests a similar summary grant , under conditions outlined herein, for the reasons set forth below.

KSL seeks authority to use the DJI Inspire 1, DJI Phantom 2, and DJI Phantom 3 Advanced

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

, for newsgathering

. 3 This exemption petition is accompanied by the relevant manufacturer u ser

m anuals , safety guidelines, and pre

- flight checklists which KSL intends to utilize

.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the unmanned aircraft. Examples include imagery (photogr aphy, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the craft.

2 See Exemption No. 12901, Cox Media Group LLC, Docket No. FAA

- 2015

- 2672 (Sept. 17, 2015) (“CMG Exemption”) ; Exemption No. 12174, Cable News Network, Inc., Docket No. FAA

- 2015

- 1851 (July 27, 2015); Exemption No. 13286, KFI AM 640, Docket No. FAA

- 2015

- 3283 (Oct. 22, 2015)

.
3 See, e.g. , CMG Exemption (authorizing use of DJI Inspire 1, DJI Phantom 2, and DJI Phantom 3 Advanced for newsgathering); Exemption No. 13663, Sky Aerial Drones, LLC, Docket No. FAA

- 2015

- 3723 (Nov. 17, 2015) (authorizing use of DJI Inspire 1 and DJI Phantom 2 for newsgathering); Exemption No. 13375, Ronal Brian Emfinger, Docket No. FAA

- 2015

- 3402 (Oct. 27, 2015) (authorizing use of DJI Inspire 1 and DJI Phantom 2 for newsgathering).2 The contact information for the applicant is:

Michael L. Dowdle Senior Vice President of Business Affairs

, and General Counsel Bonneville International Corporation d/b/a KSL Broadcast Group 55 North 300 West Second Floor Salt Lake City, UT 84101 Tel: 801

- 575

- 5555

I. KSL ’s Proposed Operati ons

KSL seeks nationwide authority to use UAS previously authorized by the FAA

, specifically the DJI Inspire 1, DJI Phantom 2, and DJI Phantom 3 Advanced

, 4 under previously
gra nted conditions and limitations for newsgathering. 5

Each UAS Pilot in Command (“ PIC ”)

, acting as an employee or agent of KSL for its UAS operations

, will have at minimum a private, recreational

, or sport c ertificate from the FAA and a valid driver’s license (or a ppropriate medical certificate)

. 6 A ll KSL UAS operations will be conducted with a team composed of at least one PIC and one Visual Observer (“VO”)

, “provid[ing] an additional level of operational safety

. ” 7 During operations, th is team will be equipped with checklists and operations and maintenance manuals

.

II. An Exemption Will Advance the Public Interest

KSL ’s p roposed UAS o perations are in the public i nterest and w ould not adversely affect public s afety or national security

. Since KSL started broadcasting on June 1, 1 949 as Utah’s first commercial television station, it has developed a reputation as the market’s television technology leader, producing the first color television broadcast in 1964 and Utah’ s first H igh

- D efinition newscast in 2008. KSL seeks to uphold this reputation by deploying UAS technology to continue to provide accurate news coverage. 8

KSL intends to use UAS technology to gather news to provide its viewers with enhanced and compelling content. In addition to covering newsworthy events and stories, KSL w ill use

4 Id.

5 See note 2.

6 See “ FAA Summary Grants Speed UAS Exemptions, ” avail able at https://www.faa.gov/news/updates/?newsId=82485 ; Blanket COA, available at http://uav us.org/wp

content/uploads/2015/10/Section_333_Blanket_200_COA_Effective_7

- 1

- 2015.pdf

.
7 Exemption No. 11213, Aeryon Lab s, Inc., Docket No. FAA

- 2014

- 0642, at 3 (Mar. 24, 2015).

8 Bonneville International Corporation (“B onneville”) was formed in 1964. Bonn eville has continued and expanded KSL’s commitment to serving the local community. Bonneville’s corporate lifestyle of caring has helped them contribute millions in airtime, leveraging the power and trust inherent in broadcasting to become purposefully in volved in making the communities served by its 1 5 radio stations and KSL

- TV even better places to live.3 UAS to gather and disseminate crucial inf ormation during emergencies. A grant of authorization to conduct UAS operations will enhance KSL’s ability to gather and deliver important news to the people of Salt Lake City, keeping them connected, safe, and informed.

The FAA has previously granted req uests to operate UAS for newsgathering. 9 KSL believes that, like in past decisions, “ the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner [ seeking ‘ to conduct aerial photography, videography, and cinemato graphy to support newsgathering’ ] 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

... is in the public interest.” 10

In the past, KSL had to rely on using planes and helicopters to get an aerial vantage point for a news story. UAS would supplement these larger manned aircraft, allowing the news event to dictate the appropriate tool, thereby reduc ing noise and air pollution, and even more importantly, reducing the potential risk to life and property associated with flying manned aircraft. UAS use would enable KSL’s news team to gather and deliver an unparalleled level of news and infor mation, and do so more quickly and safely than ever before. For example, UAS use would enable KSL’s news team to collect information and imagery at a breaking news scene that a reporter on the ground or helicopter in the air could not otherwise obtain due to hazards, obstructions, or other safety or logistical issues. The public interest weighs heavily in favor of granting an exemption for aerial photography and videography for newsgathering to KSL

.

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

A. The FAA Possess es the Statutory Authority to Grant This Exemption

T he FAA has general authority to grant exemptions from FAA safety regulations and minimum standards after determin ing that such exemptions are in the public interest. 11 Moreover, t he FAA may grant the regulatory relief KSL 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 national airspace system

. 12 To date, the FAA has granted thousands of exemptions pursuant to its Section 333 authority.

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

KSL specifically requests exemption from the following regulations to the extent necessary to permit KSL to operate UAS for aerial data collection : 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 (c) , 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)

.

9 See note 2.

10 CMG Exemption at 1

- 2

.
11 49 U.S.C. § 40109(b).

12 FMRA § 333, 126 Stat. 11, 75 (2012).4 As a general matter, KSL ’s operations will provide an equivalent level of safety when compared to manned aircraft operations. U nlike a manned aircraft , the proposed UAS is light weight, has no flammable fuel or other lubricants, operates at slow er speeds

, and stays well below any conflicting air traffic . Further, a ll activities will be closely monitored by a team of professionals. The team will employ flight manual and maintenance manual procedures, and analytical risk management , thereby providing an equivalent level of safety

. KSL will not operate UAS for the purposes of closed

- set filming.

KSL will achieve an equivalent level of safety with the waived rules by operat ing according to the following parameters:

1. KSL will only operate the DJI Inspire 1, DJI Phantom 2, and DJI Phantom 3 Advanced pursuant to the exemption and any associated Certifications of Waiver or Authorization (“COAs”)

.

2. The UAS will be operated a t a speed no greater than 87 knots. In no case will the UA S be operated at airspeeds greater than the maximum UA S operating airspeed recommended by the aircraft manufacturer

.

3. The UAS will be operated within visual line of sight (“VLOS ” ) of the PIC or VO

, at a n altitude no greater than 400 feet above ground level

.

4. All operations will utilize a VO. The PIC and VO will be able to communicate verbally at all times.

5. KSL’s operating documents will be made accessible during UAS operations and made available to the A dministrator upon request.

6. Any UAS that undergoe s maintenance or alterations that affect the UAS operation or flight characteristics, will undergo a functional test flight prior to conducting further operations , in such a manner so as to not pose an undue hazard to persons and property.

7. KSL will ensure the any UAS operated undergo sufficient maintenance and inspection to guarantee the UAS is in a condition for safe operation. KSL will f

ollow the UAS manufacturer’s maintenance, overhaul, replacement, inspec tion, and life limit requirements for the aircraft and aircraft components. Each UAS operated under this exemption will comply with all manufacturer safety bulletins.

8. Prior to each flight, the PIC will conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight

. If the UAS is not in a condition for safe flight, KSL will not operate the UAS until maintenance or other measures have been taken to ensure that the UAS is in a condition for safe flight.

9. The PIC will hold , at minimum

, a private, recreational, or sport pilot certificate

. The PIC will begin conducting operations only after demonstrating the ability to safely operate the UAS in a manner consistent with how the UAS will be operated5 under the exemption, including evasive a nd emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles, and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 C.F.R . § 61.51(b).

10. The UAS will not be operated during night, as defined in 14 C.F.R. § 1.1. In addition to conducting operations under visual meteorological conditions, the UAS will be operated at no less than 500 feet below or less than 2,000 feet horizontally from a cloud o r when visibility is less than th ree statute miles

.

11. The UA S will not operate within five nautical miles of an airport reference point (“ARP”) as denoted in the current FAA Airport/Facility Directory or for airports not denoted with an ARP, the center of the airport symbol as denoted on th e current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a CO A issued to KSL

.

12. The PIC will not begin a flight unless there is enough power to conduct the intended operatio n and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer. The UAS will return to a pre

determined location in a lost

- link scenario.

13. KSL will register and mark its UAS in accordance with 14 C.F.R. part s 45 and 47

. The UAS markings will be as large as practicable.

14. The UAS will remain clear and yield to manned aircraft at all times

.

15. The PIC will conduct operations so as to avoid flying near or over nonparticipating persons. The PIC will abort operation s in the event of unpredicted obstacles or emergencies.

16. KSL will report accidents to the FAA’s UAS Integration Office within 24 hours and the National Transportation Safety Board per its instructions.

Finally, as the proposed UAS is less than 55 lbs. when outfitted with all equipment , and
t here are no flammable liquids or other hazardous materials that would propose a danger to the public

, no thre at to national security exists.

IV. Summary for Publication in the Federal Register

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

Petitioner 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 (c) , 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)

.6 Bonneville International Corporation d/b/a KSL Broadcast Group (“KSL”) requests an exemption from the above rules to undertake aerial data collection using unmanned aircraft systems (“UAS”) to support newsgathering . These operations will use highly dependable, multi

redundant UAS subject to tight controls, risk management, and best practice mitigation strategies to ensure public safety. KSL will operate under the conditions and limitations that are

su bstantially similar to those that the FAA requires for comparable operations, excluding closed set filming

. The operations, including the attendant extensive safety measures, will provide a satisfactory level of safety to the public. Finally, because KSL ’s petition for exemption is similar in all material respects to Section 333 petitions the FAA has already granted, KSL requests a summary grant.

V. Conclusion

For the reasons set forth above, the FAA should grant the requested exemption in full to permit KSL to conduct newsgathering via UAS

.

Respectfully submitted,

BONNEVILLE INTERNATIONAL CORPORATION D/B/A KSL BROADCAST GROUP

By: /s/ Michael L. Dowdle

Michael L. Dowdle Senior Vice President of Business Affairs

, and General Counsel 55 North 300 West Second Floor Salt Lake City, UT 84101 Tel: 801

- 575

- 5555 December 30 , 2015

Enclosure :

• Manufacturer User Manuals, Safety Guidelines, and Pre

- Flight Checklist Links7 User Manuals

, Safety Guidelines, and Pre

- Flight Checklists

The listed user manuals, safety guidelines, and pre

- flight checklist s are incorporated by reference and available at the links provided below.

• DJI Inspire 1

o User Manual V2.0: https://dl.djicdn.com /downloads/inspire_1/en/Inspire_1_User_Manual_en_v2.0_1218 .pdf

o Safety Guidelines V1.2 : http://dl.djicdn.com/downloads/inspire_1/en/Inspire_1 _Safety_Guidelines_and_Discl aimer_v1.2_en.pdf

o Pre

- flight checklist: https://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_User_Manual_en_v2.0 _1218 .pdf#page=50

• DJI Phantom 2

o User Manual V1.4: http://dl.djicdn.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en. pdf

o Smart Battery Flight Safety Guidelines: http://dl.djicdn.com/downloads/phantom_2_vision_plus/Smart_Flight_Battery_Safety _Guidelines.pdf

o For DJ I Phantom 2

, KSL will use a pre

- flight manual akin to the one found at : https://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_User_Manual_en_ v2.0_1218 .pdf#page=50

• DJI Phantom 3 Advanced

o User Manual V1.6: https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual __V1.6.pdf

o S afety Guidelines V1.2: http://dl.djicdn.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en_201 509.pdf

o Pre

- flight checklist: https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual __V1.6.pdf#page=44