July21 , 2015 

United States Department ofTransportation 

Federal Aviation Administration 

Docket Management System 

1200 New Jersey Avenue, NE 

Washington, DC 20590 

Filed in www.regulations.gov, Docket FAA 2015-2042 

AkinGump 

STRAUSS HAUER & FELD LLP 

GREGORY S. WALDEN 

+1 202.887.4213/fax: +1 202.887.4288 

gswalden@akingump.com 

Re: REVISED AND SUPERSEDING Petition for Exemption of Ascend Aerials LLC 

under Section 333 ofthe FAA Modernization and Reform Act, 49 U.S.C. 44701(f), and 

14 C.F.R. Part 11 

On behalf of Ascend Aerials LLC ("Ascend Aerials"), we hereby seek an exemption from certain 

Federal Aviation Regulations enumerated below, as authorized by Section 333 of the FAA 

Modernization and Reform Act ("Section 333"), Subsection 44701(f) of the Federal Aviation 

Act, and pursuant to the procedures set forth in Part 11 of the Federal Aviation Regulations, to 

allow Ascend Aerials to operate the DJI Phantom 1, DJI Phantom 2, DJI Phantom 3, DJI Inspire 

One, DJI S900, DJI SIOOO, and 3DR Solo, to provide: 

• Aerial cinematography services 

• Aerial sensor data collection 

• Aerial survey, inspection, and photogrammetry 

• Aerial communication services (Wi-fi hotspots, FM radio transmission, VHF 

repeater, cellular) 

• News gathering services 

• Airborne emergency services suppmi (reconnaissance and communications 

Ascend Aerials will comply with the same conditions and limitations as provided in numerous 

Section 333 exemptions granted recently. Accordingly, we respectfully ask the FAA to grant 

this petition in summary fashion, and obviate Federal Register publication and public comment. 1 

1 Ascend Aeria ls fi led its initial petition on May 18, 20 15, which included a request for relief from three of the 

FAA's standard conditions and limitations. This revised petition omits this request for relief. Ascend Aerials 

intends to file a separate petition for amendment addressing its request for relief from one standard condition. 

RobertS Strauss Building 1333 New Hampshire Avenue, N.W. Washington, D.C. 20036-1564 1 202.887.4000 1 fax 202.887.4288 akmgump com 
Ascend Aerials Revised and Superseding Petition for Exemption 

July21 ,20 15 

Page 2 of7 

Ascend Aerials is an Atlanta based, full service, aerial video production house that provides a 

comprehensive offering of marketing, documentation, and exploratory services. Specializing in 

the utilization of Unmanned Aircraft Systems for capturing aerial photography and 

video, Ascend Aerials delivers a diverse product offering which provides its clients with the very 

best in creative aerial and multimedia marketing tools by leveraging state-of-the-art technologies 

in order to provide the aforementioned services at a fraction of traditional operating costs. This 

savings is at the heart of Ascend Aerials' mission focus, and the operation of UAS is integral to 

its relevance in the space described above. 

The name of the applicant is Ascend Aerials LLC. The primary contact is Mr. Louie Northern, 

1630 W. Peachtree Street NE #6, Atlanta, Georgia 30309. Telephone is 706-246-1958. His 

email is louie@ascendaerials.com and Ascend Aerial's web address is www.AscendAerials.com. 

Exemptions requested 

14 C.F.R. Part 21 (airworthiness certification) 

14 C.F.R. Part 27 (normal category rotorcraft) 

14 C.F.R. 61.113 (a) and (b) (pilot certification and qualification) 

14 C.F.R. 91.7(a) (airworthiness) 

14 C.F.R. 91.119(b) and (c) (minimum safe altitudes) 

14 C.F.R. 91.151(a) and (b) (fuel requirements in VFR conditions) 

14 C.F.R. 91.405 (a) and (b) (maintenance) 

14 C.F.R. 91.407(a)(l) (approval for return to service) 

14 C.F.R. 91.409( a) (annual and airworthiness certification inspection) 

14 C.F.R. 91.417(a) and (b) (maintenance records) 

Safety equivalence or no adverse effect on safety 

Unmanned Aerial Vehicles and Systems 

The DJI flight controller, the common control platform in the listed devices, in addition to the 

3DR Solo, has a number of technological capabilities to demonstrate its airworthiness. In the 

event of a loss of GPS signal, the UAS will lock in its position and automatically go to ATTI 

mode and remain stable. Loss of connection to the remote control transmitter (or software 

navigation controller) causes the vehicle to immediately achieve a preset altitude, and then return 

to its home point and land in a controlled way. 

All of the UASs intended for use contain a power storage monitoring system and fail-safe modes 

to force controlled landing before the power supply drops below operational levels. Should there 

be a loss of power, the UAVs are designed to perform a vertical hard landing with propellers 

providing stabilizing resistance during descent. 
Ascend Aerials Revised and Superseding Petition for Exemption 

July21 , 2015 

Page 3 of7 

If the UA V encounters an unexpected obstacle, the pilot will either divert the flight or maintain 

the UAV in a safe hover position away from the obstacle. 

Given its small size, operational capabilities, and restricted area in which the UAS will operate, 

an exemption from Part 21 , Subpart H, Airwmihiness Certificates, and 14 C.F.R. 91.7(a), is 

warranted, as Ascend Aerials' UAS satisfies the equivalent level of safety as compared with 

mmmed aircraft and meets the criteria in section 333. Operating the UAS without an 

airworthiness certificate in the restricted environment over vacant private property under the 

conditions proposed will be safer than operating a manned helicopter operating with an 

airworthiness certificate and not subject to such conditions. 

Each UA V (with payload) is less than 55 pounds, carry no explosive materials or flammable 

liquid fuels, and would operate outside controlled airspace, with no passengers or crew on board. 

As the FAA has found in granting an exemption to Clayco, Exemption No. 11109, at page 10: 

The limited weight significantly reduces the potential for harm to participating and 

nonparticipating individuals or property in the event of an incident or accident. The risk 

to an onboard pilot and crew during an incident or accident is eliminated with the use of a 

UAS for the aerial operations. 

For the reasons outlined above, Ascend Aerials also seeks an exemption from the certification 

requirements for normal category rotorcraft in Part 27. 

In support of Ascend Aerials' request for an exemption from 14 C.F.R. 91.405(a), 91.407(a)(l), 

91.409(a)(l) and (2), and 91.417(a) and (b), Ascend Aerials will adhere to the following 

inspection and maintenance program: Ascend Aerials will inspect the UAS before and after each 

operation, as well as perform daily, weekly, monthly, and annual inspections, as set forth in its 

operations manual. Before each flight, the pilot in command will inspect the UAS to ensure it is 

in a safe condition for flight. The preflight inspection will account for any discrepancy, such as 

an inoperable component, item, or equipment. Ascend Aerials will not initiate a flight if the 

inspection reveals a condition that adversely affects the safety of operations, and will not operate 

that UAS until it is found to be in a safe condition. Any UAS that has undergone maintenance or 

an alteration that affects the UAS's operation or flight characteristics will undergo a functional 

flight test before return to service. 

Ascend Aerials will follow the manufacturer's UAS requirements relating to components, 

maintenance, overhaul, replacement, inspection and life limits. Ascend Aerials will record all 

maintenance, alterations, and the functional flight test in the UAS logbook, including total flight 

hours, description of work accomplished, and the signature of the UAS technician who returned 

the UAS to service. 2 

2 Manufacturer and operating manuals will be provided separately. 
Ascend Aerials Revised and Superseding Petition for Exemption 

July21,2015 

Page 4 of7 

Ascend Aerials' UASs are equipped with an altimeter that provides the pilot with real-time 

telemetry data in addition to a constant digital display of altitude, speed, and UAS proximity. 

Moreover, the UASs will be operated within the visual line of sight of the pilot in command and 

observer and below 400 feet AGL. In addition, the flight controllers are programmed not to 

allow the aircraft to exceed the 400 feet ceiling, even if the pilot command input is in-conflict, or 

if communication with the remote control transmitter fails. Accordingly, Ascend Aerials does 

not believe an exemption from 14 C.F.R. 91.121 is required. 

In support of Ascend Aerials' request for an exemption from fuel requirements in 14 C.F.R. 

91.15l(a) and (b), we note that its UAS is battery-powered and is operated for brief periods of 

time, within the battery capacity of the UAS. 

The remote control transmitter/receiver combinations will work within the 2.4 GHz and 5.8 Ghz 

FCC-approved ranges. 

UA V and UAS Operator Qualifications and Training 

In support of Ascend Aerials' request for an exemption from the pilot certification and 

qualifications requirements in 14 C.F.R. 61.113(a) and (a), Ascend Aerials asserts that an 

equivalent level of safety is achieved by the UAS-specific experience of its pilots. Each Ascend 

Aerials pilot, before conducting a commercial operation under the requested exemption, will 

have successfully completed an aeronautical knowledge test, performed at least 20 takeoffs and 

landings of the particular UAV, and flown the pmiicular UAV for at least 10 hours. In addition, 

any pilot will hold a current and value airman certificate, either a private pilot, recreational pilot, 

or sport pilot certificate. 

UA V and UAS Operating Parameters 

Ascend Aerials will operate its UASs in full compliance with the applicable manufacturer 

manual. Ascend Aerials' typical flight will be operated under 400 feet AGL and within 2 km of 

the operator. 

All flights will be conducted within the visual line of sight of the pilot in command, within noncontrolled airspace, with the consent of any property owner and/or developer. Although the 

UAS may be operated in a metropolitan area, it will be controlled and monitored only by 

authorized personnel, and be flown below 400 feet AGL. 

Ascend Aerials will also notify the appropriate Flight Standards District Office "("FSDO") and 

Air Traffic Control for any operation within five miles of an airport. 

Ascend Aerials will conduct a briefing before each day's operations, which all personnel 

participating in the operations must attend. Ascend Aerials will obtain written consent of any 

person who will be participating in the operations or otherwise be on the private property where 
Ascend Aerials Revised and Superseding Petition for Exemption 

July21 ,2015 

Page 5 of7 

operations are to take place. Ascend Aerials will provide notice to any adjacent buildings or 

structures. Ascend Aerials will limit its operations to daytime Visual Flight Rules ("VFR"). 

Ascend Aerials seeks an exemption from the requirement in 14 C.F.R. 91.119, subsection (b), 

that an aircraft must remain at least 1,000 feet above any congested area or open air assembly of 

persons, and subsection (c), that an aircraft must remain at least 500 feet above any person or 

structure in an area other than populated or congested, and not closer than 500 feet to any person, 

vehicle, or structure. These requirements were adopted with fixed-wing, manned aircraft 

operations in mind. While Ascend Aerials may operate its UASs in a metropolitan area, the 

operations will be carefully pre-planned to minimize risk to persons or property, avoid intrusion 

into unauthorized airspace, and avoid a public annoyance. Its UASs will not be operated over a 

highly-congested area or open air assembly of persons. 

Ascend Aerials will make every reasonable effort to ensure that no unauthorized person will be 

on the land over which the UASs will be operated, and will provide notice to adjacent buildings 

and furnish proctors as may be necessary to ensure that unauthorized persons do not come within 

the narrow parameters in which the UASs will be operated. Combined with the technological 

capabilities of the UASs and that the UASs will be operated within the visual line of sight of the 

pilot and an observer, Ascend Aerials submits that its operational limitations provides an 

equivalent level of safety to that provided in section 91.119. 

Public interest 

Ascend Aerials' UAS operations will substantially benefit public and private organizations which 

have an interest in gathering critical information- atmospheric, situational, etc. - to support their 

operations. Depending on the use-case, these scenarios may include: 

• aerial cinematography or photography (in support of government, commercial, or nonprofit organizations), 

• the gathering of sensor data to document to provide real-time awareness of potential 

radiological or biohazards present in an operational area, 

• traffic or construction monitoring, 

• ecological, agricultural, or land management surveying, 

• infrastructure surveying, inspection, and improvement 

• area-specific communications (specifically FM radio, Wi-Fi, and cellular - in accordance 

with existing FCC guidance). 

Additionally, news-gathering organizations that would normally utilize fixed cameras, mobile 

ground camera crews, or manned aircraft in support of their news operations, would be able to 

receive transmitted video via Ascend Aerials' UASs without risking aircrews during potentially 

hazardous situations, while also minimizing intrusion into the airspace above the situation of 

interest. 
Ascend Aerials Revised and Superseding Petition for Exemption 

July 21 , 2015 

Page 6 of7 

Operating UASs under the limitations proposed by Ascend Aerials will avoid any risk of harm to 

pilots as well as persons and people on the ground that would be present during the operation of 

manned helicopters. UAS operations will also require a much smaller energy footprint than with 

manned helicopters. 

Operations limited to the United States 

Under the requested exemption, Ascend Aerials will operate its UASs within the United States, 

including over the territorial waters of the United States, and over the high seas provided it will 

remain within the U.S.-controlled Flight Information Region. 

Summary for Federal Register 

Should the FAA determine that publication of a summary is required, Ascend Aerials submits 

the following summary to be included in the Federal Register: 

Ascend Aerials seeks an exemption to operate the DJI Phantom 1, DJI Phantom 2, DJI 

Phantom 3, DJI Inspire One, DJI S900, DJI SIOOO, and 3DR Solo unmanned aircraft 

systems to perform commercial and emergency services. 

Sincerely,