1001 Pennsylvania Avenue, N.W., Washington, DC 20004-2595  p202 624-2500  f202 628-5116

VIA FDMS

U.S. Department of Transportation

Federal Aviation Administration

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

May 13, 2015

Re: Infinigy Engineering & Surveying PLLC – Petition for Exemption

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”)1

and 14 C.F.R. Part 11, Infinigy Engineering & Surveying PLLC (“Infinigy”) petitions for an

exemption from the Federal Aviation Regulations identified herein to authorize Infinigy to

operate small unmanned aircraft systems (“sUAS”) for cellular tower inspection and surveying

in the wireless telecommunication industry.2 Infinigy’s sUAS Operations will be conducted

under the safeguards described in this petition and as may be further established by FAA.

FAA has now issued nearly 300 Section 333 exemptions to various commercial

enterprises for sUAS applications ranging from aerial photography and cinematography to

precision agriculture and flare stack, bridge and tower inspections (the “Section 333 Grants”).

3

 

Indeed, in April, FAA granted Section 333 exemptions to two cellular telecommunications

companies to conduct cellular tower monitoring and inspections with sUAS in a restricted,

controlled environment – operations that are similar in all material respects to those Infinigy

proposes here.4 In issuing those exemptions and other Section 333 Grants, FAA found that “the

enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by

 

1

Pub. L. No. 112-95, § 333, 126 Stat. 76. 

2

 This exemption request is based on the information provided in this petition; the User and

Maintenance manuals for the Vulcan Black Widow, Aerialtronics Altura Zenith and Sci.Aero cyberQuad sUAS; and

the Airware Flight Operations Manual and Regulatory Reference Guide (collectively, the “Manuals”) that are being

submitted under separate cover. Infinigy submits the Manuals as confidential documents under 14 C.F.R. §

11.35(b), as they contain confidential commercial and proprietary information that Infinigy has not and will not

share with others. Such documents are not publicly available and are protected from release under the Freedom

of Information Act, 5 U.S.C. § 552 et seq. 

3

See FAA, Authorizations Granted Via Section 333 Exemptions (rev. May 8, 2015), 

https://www.faa.gov/uas/legislative_programs/section_333/333_authorizations/. 

4

 See Exemption No. 11267 in Docket No. FAA-2014-0918 (ETAK Systems, Inc.) and Exemption No. 

11411 in Docket No. FAA-2015-0128 (Launchit Technologies, LLC).

Marc L. Warren

(202) 624-2531

mwarren@crowell.com
FAA Dockets

May 13, 2015

Page 2

the petitioner . . . gives the FAA good cause to find that the UAS operation enabled by this

exemption is in the public interest.”

5

 The same public interest and safety justifications apply to

Infinigy’s petition, and should enable FAA to grant Infinigy’s petition on an expedited basis.

I. Petitioner

Infinigy is an industry leading technical services company that delivers design-driven

turnkey solutions to the wireless communications industry and specializes in cellular tower

architectural and engineering services. Infinigy’s mission is to focus on its clients’ business

objectives to deliver high quality, cost effective wireless solutions that exceed expectations. 

Infinigy’s Architectural and Engineering services include designing, implementing and deploying

mobile communication systems, wireless networks, and antenna systems for airports,

convention centers, arenas, malls, office buildings, government centers, and corporate

campuses. These services include, in pertinent part, cellular tower inspection and analysis. In

2006, Infinigy was recognized as an Inc500 Fastest Growing Company and, in 2012, restructured

its engineering business to diversify across all lines of wireless service, combining design,

project management and general contracting competencies for turnkey wireless services on a

national scale. 

Infinigy now seeks to build on this success by leveraging sUAS in its operations. This

sUAS capability will, among other things, provide Infinigy’s highly skilled technicians with an

aerial view and video recording of wireless provider antennas and lines that are secured to

vertical towers (e.g., cellular towers), including open antenna locations for future modifications

and additions. Instead of using humans to perform the perilous task of climbing and inspecting

cellular towers, Infinigy intends to deploy sUAS to observe and acquire valuable data for its

customers in a manner that would otherwise be far more expensive and hazardous.6 

Performing these hazardous tasks with sUAS will minimize, if not eliminate, unnecessary tower

climbs by humans, and thus limit human involvement only to those situations where physical

work or repairs are required. As an industry leader in safety, Infinigy is committed to any

measure that will put fewer lives in danger, and integrating sUAS into Infinigy’s operations will

do just that. 

All communications regarding Infinigy’s petition should be directed to:

John S. Stevens, P.E.

CEO/Principal

Infinigy Engineering & Surveying PLLC

1033 Watervliet Shaker Road

Albany, NY 12205 

with a copy to: Marc L. Warren

Crowell & Moring LLP

1001 Pennsylvania Ave NW

Washington, DC 20004

mwarren@crowell.com

 

5

See, e.g., id. at 2. 

6

According to Wireless Estimator, there have been a total of 119 tower fatalities since 2003, and 

countless other injuries. WIRELESSESTIMATOR.COM, U.S. Tower Structure Related Fatalities (last visited May 13, 2015), 

http://www.wirelessestimator.com/generaldoc.cfm?ContentID=9.
FAA Dockets

May 13, 2015

Page 3

II. Section 333

Infinigy’s petition is consistent with Congress’s goal set forth in Section 333 of the 

FMRA, which directs the Secretary of Transportation to consider whether certain UAS may 

operate safely in the national airspace system (“NAS”) before completion of the rulemakings

required under Section 332 of that legislation. In making this determination, the Secretary is 

required to determine which types of UAS do not create a hazard to users of the NAS or the 

public or pose a threat to national security in light of the following: (1) the UAS’s size, weight, 

speed, and operational capability; (2) operation of the UAS in close proximity to airports and 

populated areas; and (3) operation of the UAS within visual line of sight of the operator.7 To 

implement Section 333, FAA has the authority to issue exemptions from its safety regulations 

and minimum standards when the Administrator decides a requested exemption is in the public 

interest.8

Infinigy’s proposed sUAS operations meet the requirements of, and qualify for 

expedited approval under, Section 333. Infinigy’s Aerialtronics Altura Zenith, Sci.Aero 

cyberQuad, and Vulcan Black Widow sUAS weigh 55 pounds or less, will operate at less than 

400 feet above ground level (“AGL”) within visual line of sight (“VLOS”) at speeds of no more 

than 87 knots, and will generally comply with the same conditions and limitations FAA 

established in issuing the Section 333 Grants. As further explained in Section IV, infra, all of 

Infinigy’s sUAS will use the Airware flight control system.

Operations conducted under these safeguards will provide at least an equivalent level of 

safety compared to the current regulatory structure. Moreover, Infinigy’s operations will not 

“create a hazard to users of the national airspace system or the public or pose a threat to 

national security” due to the size of the sUAS and the restricted areas in which they will 

operate.9

III. Regulations from Which an Exemption is Requested

Infinigy requests an exemption from the following regulations to the extent necessary to

conduct the operations described in this petition: 

 14 C.F.R. §§ 61.23(a) and (c)

 14 C.F.R. §§ 61.101(e)(4) and (5)

 14 C.F.R. § 61.113(a) 

 14 C.F.R. § 61.315(a) 

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119(c)

 14 C.F.R. § 91.121

 

7

FMRA § 333(a).

8

See 49 U.S.C. § 106(f) and 49 U.S.C. § 44701(f).

9

See, e.g., Exemption No. 11062 in Docket No. FAA-2014-0352 (Astraeus Aerial), at 8 (citing FMRA 

§ 333(b)).
FAA Dockets

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Page 4

 14 C.F.R. § 91.151(a)(1)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. §§ 91.409(a)(1) and (2)

 14 C.F.R. §§ 91.417(a) and (b)

The following subsections describe Infinigy’s request for an exemption from each of

these regulations and demonstrate how Infinigy’s operations will provide for at least an

equivalent level of safety compared to the current regulatory structure that applies to manned

aircraft.

A. 14 C.F.R. §§ 61.23(a) and (c) – Medical certificates: Requirement and

duration

Sections 61.23(a) and (c) generally require pilots of manned aircraft to hold a FAA

medical certificate in order to exercise pilot privileges. As of March 24, 2015, however, FAA

determined as a matter of policy that operators holding a valid driver’s license in lieu of a third

class medical certificate may conduct commercial sUAS operations under a Section 333 grant.

10

 

Accordingly, Infinigy requests an exemption from these provisions to the extent necessary to

give Infinigy the same relief from medical certificate requirements that FAA has afforded to

nearly 300 other Section 333 operators via the Section 333 Grants.

11

B. 14 C.F.R. §§ 61.101(e)(4) and (5) – Recreational pilot privileges and

limitations

Sections 61.101(e)(4) and (5) prohibit a recreational pilot from acting as pilot in

command of an aircraft for compensation or hire or in furtherance of a business. Since Infinigy

will be conducting its sUAS operations for compensation in furtherance of its cellular tower

inspection services, it requests an exemption from these provisions to the extent necessary. 

Infinigy notes that FAA has provided such relief to nearly 300 other Section 333 operators.12

C. 14 C.F.R. § 61.113(a) – Private Pilot Privileges and Limitations: Pilot in

Command

Section 61.113(a) limits private pilots to conducting non-commercial operations. FAA 

has already determined, however, that a private pilot certificate is sufficient to conduct

commercial sUAS flights in a variety of operational environments; in fact, the agency has 

 

10

 See, e.g., supra note 3; Exemption No. 11227 in Docket No. FAA-2014-0678 (EnviroMINE, Inc.), at 

4, 8; see also FAA, FAA Summary Grants Speed UAS Exemptions (Apr. 9, 2015), 

https://www.faa.gov/news/updates/?newsId=82485. 

11 See supra note 3.

12 Id.
FAA Dockets

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Page 5

revised its Section 333 approval framework to allow sUAS operations to be conducted by a pilot 

with only a recreational or sport pilot certificate.13 

Consistent with the operating conditions and limitations specified in the Section 333 

Grants, Infinigy will utilize only pilots holding a FAA airline transport, commercial, private, 

recreational, or sport pilot certificate and at least a valid U.S. driver’s license. The sUAS will be 

operated within VLOS of the PIC at all times, and all operations will utilize a visual observer 

(“VO”), who will be able to communicate verbally with the PIC at all times during the operation. 

And because the area of operation will be controlled and restricted in accordance with the 

safeguards contained in the Manuals and the FAA-approved conditions and limitations 

described in Section VI, infra, permitting the sUAS operations as requested would provide for 

the level of safety otherwise achieved through Section 61.113(a). Accordingly, grant of the 

requested exemption, subject to the conditions and limitations specified herein, would not 

adversely affect the safety of the NAS.

D. 14 C.F.R. § 61.315(a) – Sport pilot certificate privileges and limits

Section 61.315(a) authorizes a sport pilot certificate holder to act as pilot in command of

a light-sport aircraft, subject to certain restrictions specified in Section 61.315(c), including a

prohibition on doing so for compensation or hire or in furtherance of a business, among other

restrictions. Since Infinigy will be conducting its sUAS operations for compensation in

furtherance of its cellular tower inspection services, it requests an exemption from this

provision to the extent necessary. Infinigy notes that FAA has provided the same relief to

nearly 300 other Section 333 operators.14

E. 14 C.F.R. § 91.7(a) – Civil aircraft airworthiness

Section 91.7(a) prohibits any person from operating a civil aircraft unless it is in an

airworthy condition. FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the

extent that the airworthiness certificate requirements of Part 2115 are waived or inapplicable. 

Such airworthiness certificate requirements are inapplicable here, insofar as Infinigy’s sUAS

provides an equivalent level of safety when compared to manned aircraft, consistent with the

relevant language of the FMRA and the precedent established by the Section 333 Grants.

16

 

 

13 See, e.g., supra notes 3 and 10; see also Exemption No. 11224 in Docket No. FAA-2014-0633 

(NextEra Energy, Inc.), at 4, 8. 

14 See supra note 10.

15 FAA has concluded that no exemption from Part 21, Subpart H (Airworthiness Certificates) is 

needed if the agency makes a finding under the FMRA that the UAS selected provides an equivalent level of safety 

when compared to aircraft normally used for the same application. These criteria are met here, and therefore no 

exemption is needed. See, e.g., Exemption No. 11062, Docket No. FAA-2014-0352 at 13-14, 22. But to the extent 

FAA determines that there are some characteristics of Infinigy’s sUAS that fail to meet the “equivalent level of 

safety” requirement of the FMRA, an exemption is requested. 

16 See, e.g., id.
FAA Dockets

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Page 6

F. 14 C.F.R. § 91.119(c) – Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft.17 Specifically,

Section 91.119(c) provides that except when necessary for takeoff or landing, no person may

operate an aircraft below an altitude of 500 feet above the surface except over open water or

sparsely populated areas and that in such cases, the aircraft may not be operated closer than

500 feet to any person, vessel, vehicle or structure. As detailed in the Section 333 Grants,

however, FAA has determined that adherence to certain safety measures is sufficient to

warrant an exemption from Section 91.119(c) for sUAS operations.

18

 Consistent with the relief

provided to other sUAS operators via the Section 333 Grants, Infinigy requests an exemption to

the extent necessary to operate below an altitude of 500 feet AGL and closer than 500 feet to

any person, vessel or structure. An equivalent level of safety will be achieved given the size,

weight and speed of Infinigy’s sUAS, as well as the locations where it will be operated (i.e., near

cellular towers and nowhere near other aircraft). 

G. 14 C.F.R. § 91.121 – Altimeter Settings

Although Section 91.121 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” and Infinigy’s sUAS will not be

equipped with a typical barometric altimeter, FAA has already granted relief from this provision

to other sUAS operators flying at similarly low altitudes.19 Infinigy will operate the sUAS within

VLOS at or below 400 feet AGL and provide altitude information to the PIC via a digitally

encoded telemetric data feed that downlinks from the aircraft to a ground-based on-screen

display. The altitude information will be generated by equipment installed on the sUAS, and

prior to each flight a zero altitude initiation point will be established and confirmed for accuracy

by the PIC. 

 

H. 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.” But provided certain operational parameters are established, FAA has found that

good cause exists for granting exemptions from this provision for operations in a multitude of

contexts.

20

 

 

17 FAA determined in the Section 333 Grants that relief from other provisions of Section 91.119 are 

either unwarranted or inapplicable. See Exemption No. 11062 at 20. 

18 See, e.g., supra note 3. 

19 See id. 

20 See supra note 3.
FAA Dockets

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Page 7

Infinigy will be operating less than 55 pound sUAS in a tightly controlled environment

near cellular towers at speeds below 87 knots and within VLOS. Combined with the fact that

Infinigy will not conduct operations unless the sUAS has enough available power for the

intended mission, and will not continue unless there is at least five minutes of power

remaining, relief from Section 91.151(a) is warranted, in accordance with the conditions and

limitations specified in Section VI, infra. 

I. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); and 91.417(a) and

(b): Maintenance Inspections

These FAR provisions 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 that other persons shall inspect or maintain the aircraft in compliance

with Part 43. Through the Section 333 Grants, however, FAA has established safety measures

for certain sUAS operations sufficient to warrant an exemption from these provisions.21

Infinigy will strictly adhere to the maintenance- and inspection-related requirements set

forth in its Manuals, which is consistent with applicable conditions and limitations described in

Section VI, infra. These requirements include the development and documentation of

maintenance, overhaul, replacement and inspection requirements in the absence of

manufacturer’s requirements; procedures to document and maintain maintenance records with

regard to Infinigy’s sUAS; and sUAS technician qualification criteria. They also include preflight

inspection procedures that account for any discrepancies not already covered in the Manuals. 

IV. Unmanned Aircraft System

Infinigy proposes to fly the Aerialtronics Altura Zenith, Sci.Aero cyberQuad, and Vulcan

Black Widow sUAS. These sUAS are battery-powered multi-rotor aircraft weighing less than 55

pounds that will be flown in accordance with strict operating safeguards as more fully described

in Section VI, infra, as well as those described in the Manuals. The sUAS will operate at a speed

of no more than 87 knots and have the capability to hover, and move in the vertical and

horizontal plane simultaneously. Moreover, Infinigy also notes that at least two Section 333

Grants encompass operations with the same make and model of sUAS that it seeks to operate

through this petition.22

Infinigy will incorporate the Airware flight control system into its sUAS. Airware’s

systems are commercial grade, engineered to enable safe and reliable commercial UAS

applications and have been built from the ground up by leading aerospace engineers consistent

with industry best practices. The system’s safety features include geofencing, a full suite of

contingency management functions, user and flight plan management and approval

 

21

 See id.

22 See, e.g., Exemption No. 11241 in Docket No. FAA-2014-0692 (Vulcan); Exemption No. 11237 in 

Docket No. FAA-2014-0591 (Aerialtronics Altura Zenith).
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May 13, 2015

Page 8

functionality, and many more. These and other safety features will ensure the safety of

persons and property within and surrounding the limited operating area. In the event the sUAS

loses communications or its GPS signal, it will have the capability to return to a pre-determined

location and land. The sUAS will also have the capability to abort a flight in the event of

unpredicted obstacles or emergencies. Comprehensive descriptions of Infinigy’s sUAS and their

specifications and capabilities are contained in the Manuals. 

As FAA has recognized, the limited weight of less than 55 pound sUAS significantly

reduces the potential for harm to participating and nonparticipating individuals or property in

the event of an accident or incident, and the risk to an onboard pilot and crew is eliminated

with the use of a sUAS for tower inspection operations.

23

In addition, prior to each flight, the PIC will conduct a pre-flight inspection of the sUAS,

and maintenance will be performed to address any condition potentially affecting safe

operations. All maintenance and alterations will be documented in the aircraft records. The

requirements for maintenance, overhaul, replacement and inspection are specified in the

Manuals. 

V. Unmanned Aircraft PIC

As described above, the PIC will be a FAA licensed airman with either an airline

transport, commercial, private, recreational, or sport pilot certificate, who holds a current FAA

airman medical certificate or a valid U.S. driver’s license. The PIC will also meet the flight

review requirements specified in Section 61.56 in an aircraft in which the PIC is rated on his or

her pilot certificate. And, prior to conducting commercial operations under this exemption, the

PIC will have accumulated and logged sufficient UAS-specific flight experience, including, for

example, a minimum of seven training hours or 15 flights accrued before being designated to

operate Infinigy’s sUAS near cellular towers. 

In addition, the PIC and the VO will have successfully completed a qualification process

and a sUAS flight demonstration administered by an Infinigy-approved qualified pilot.

VI. Operation of the Unmanned Aircraft

Infinigy will conduct all flights under the requested exemption subject to the following 

conditions and limitations, and as further detailed in the Manuals:

24

A. The sUAS will weigh less than 55 pounds (25 kilograms), including payload.

 

23 See id. 

24 The conditions and limitations detailed in this section are consistent with those set forth in the 

Section 333 Grants for operations similar to those Infinigy seeks to conduct through this petition. See, e.g., 

Exemption Nos. 11267 and 11411.
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B. The sUAS will not be flown at a ground speed exceeding 87 knots (i.e. 100 miles per 

hour).

C. Flights will be operated at an altitude of no more than 400 feet AGL, as indicated by the 

procedures specified in the Manuals. All altitudes reported to ATC will be in feet AGL.

D. The sUAS will be operated within VLOS of the PIC and/or VO at all times. 

E. All operations will utilize a VO, who may be used to satisfy the VLOS requirement as long 

as the PIC always maintains VLOS capability. The VO and PIC will be able to 

communicate verbally at all times.

F. The grant of exemption and Manuals will be accessible during Infinigy’s sUAS operations

and made available to FAA upon request. If a discrepancy exists between the conditions 

and limitations in the grant of exemption and the procedures outlined in the Manuals, 

the conditions and limitations in the exemption take precedence and will be followed. 

G. Prior to each operation, the PIC will inspect the sUAS to ensure it is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of the 

sUAS, it will not be operated until the necessary maintenance has been performed and 

the sUAS is found to be in a condition for safe flight. The ground control station will also 

be included in the preflight inspection. All maintenance and alterations will be 

documented in the sUAS records.

H. Any sUAS that has undergone maintenance or alterations that affect its operation or

flight characteristics (e.g., replacement of a flight critical component) will undergo a

functional test flight prior to resumption of operations. The PIC who conducts the

functional test flight will make an entry in the sUAS aircraft records of the flight. 

I. Infinigy will follow the manufacturer’s sUAS aircraft/component, maintenance,

overhaul, replacement, inspection, and life limit requirements. 

J. The PIC will possess either an airline transport, commercial, private, recreational, or 

sport pilot certificate, and a current FAA airman medical certificate or a valid U.S. 

driver’s license. The PIC will be trained in accordance with the Manuals, and will 

undergo training to ensure that he or she can follow these procedures. The PIC will also 

meet the flight review requirements specified in Section 61.56 in an aircraft in which the 

PIC is rated on his or her pilot certificate.

K. Prior to conducting commercial operations under this exemption:

1. The PIC will have accumulated and logged, in a manner consistent with Section 

61.51(b), a minimum of: seven training hours or 15 flights accrued before being 

designated to operate Infinigy’s sUAS near cellular towers. During training,
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Page 10

proficiency, and experience-building flights, the PIC will operate the sUAS with 

appropriate distance from nonparticipants in accordance with Section 91.119.

2. The PIC and VO will have successfully completed a qualification process, in 

accordance with the Manuals. This process will be developed and implemented 

by a qualified person designated at the sole discretion of Infinigy. A record of 

completion of this qualification process will be documented and made available

to FAA upon request.

3. A flight demonstration, administered by an Infinigy-approved and -qualified

pilot, will be successfully completed and documented. This documentation will

be available for review upon request by FAA. Infinigy will conduct these tests in

accordance with the Manuals.

L. The sUAS will not be operated within 500 feet of any nonparticipating persons, vessels, 

vehicles, or structures unless both of the following conditions are met:

1. Barriers or structures are present that sufficiently protect nonparticipating 

persons in the event of an accident; and 

2. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a safety 

assessment of the risk of operating closer to those objects and determined that 

it does not present an undue hazard.

M. If the sUAS loses communications or loses its GPS signal, it will return to a 

predetermined location within the security perimeter and land or be recovered in 

accordance with the Manuals.

N. The sUAS will abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the Manuals.

O. The sUAS will not be operated unless it has enough available power to conduct the 

intended operation and to operate after that for at least five minutes, or with the 

reserve power recommended by the manufacturer, whichever is greater. 

P. Infinigy will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations above 200 feet AGL under the

exemption.25 

 

25 Pursuant to its new “blanket” COA, FAA will automatically grant a COA for flights at or below 200 

feet to any UAS operator with a Section 333 exemption for aircraft that weigh less than 55 pounds, operate during 

daytime VFR conditions, operate within VLOS, and stay certain prescribed distances away from airports or 

heliports. See FAA, FAA Streamlines UAS COAs for Section 333 (rev. Mar. 24, 2015), 

https://www.faa.gov/news/updates/?newsId=82245. This blanket COA allows flights anywhere in the country 

except restricted airspace and certain other prohibited areas, and FAA automatically issues it at the time the 
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Q. All sUAS operated in accordance with this exemption will be identified by serial number, 

registered in accordance with 14 C.F.R. Part 47, and have identification (N-Number) 

markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings will be as large as 

practicable.

R. Infinigy has developed procedures to document and maintain a record of the sUAS

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

component parts, and the total time in service of the sUAS, as reflected in the Manuals.

S. Each sUAS operated under this exemption will comply with all manufacturer Safety

Bulletins.

T. Infinigy has developed sUAS technician qualification criteria, which are contained in the 

Manuals.

U. The preflight inspection section described in the Manuals will account for all 

discrepancies (i.e., inoperable components, items, or equipment).

V. Infinigy’s use of radio frequency spectrum for operation and control of the sUAS will

comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. Specifically, a 2.4 GHz and 

900MHz unlicensed band will be used for command and control links. Infinigy will use 

robust, commercial grade Microhard radio links to decrease the likelihood of lost link 

scenarios and also support radio link encryption to reduce the risk 

of unauthorized access.

W. The documents required under Sections 91.9 and 91.203 will be available to the PIC at

the GCS of the sUAS any time the aircraft is operating. These documents will be made 

available to FAA or any law enforcement official upon request.

X. The sUAS will remain clear and yield the right of way to all other manned operations and

activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, hang gliders, etc.).

Y. sUAS operations will not be conducted during night, as defined in Section 1.1. All

operations will be conducted under visual meteorological conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized.

Z. The sUAS will not be operated by the PIC from any moving device or vehicle.

 

exemption is approved. Id. Since Infinigy intends to conduct the majority of its operations near cellular towers 

that are below 200 ft. AGL, it will not require a separate COA for such operations; however, to the extent Infinigy 

will be operating above 200 ft. AGL at any of its tower sites, it will apply for a COA authorizing it to do so. 
FAA Dockets

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Page 12

AA.The sUAS 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 three statute miles from the PIC.

BB. The sUAS will not operate within five nautical miles of an airport reference point (ARP) 

as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to Infinigy. The letter 

of agreement with the airport management will be made available to FAA and any law 

enforcement official upon request.

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

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

FAA’s UAS Integration Office (AFS-80) within 24 hours and the National Transportation 

Safety Board (NTSB), as applicable. 

VII. Public Interest

Authorizing Infinigy to conduct cellular tower inspections using sUAS under the

conditions specified herein would bring immediate and significant safety improvement to the

wireless telecommunications industry. Infinigy’s sUAS would be used to conduct cellular tower

inspections in a manner that provides at least an equivalent level of safety compared to the

current regulatory structure that applies to manned aircraft.

26

Conventional tower inspections require a human being to climb a tower to visually 

observe and analyze the physical status of the tower, antennas and related equipment. By 

replacing these dangerous, duplicative climbs with sUAS flights, Infinigy can capture high quality 

video data that will enable it to more precisely identify and analyze any site damage (e.g.,

lightning strikes, coax cable tears, etc.) as well as confirm that important equipment such as 

FAA- mandated tower strobe lights, shelter and cabinet roofs, and ice bridges are functioning 

properly. 

According to Wireless Estimator, there have been a total of 119 tower fatalities since 

2003, and countless other injuries.27 Infinigy is committed to any measure that will both save 

lives and put fewer lives in danger, and integrating sUAS into Infinigy’s operations will do just 

that. 

VIII. Conclusion

Given the small size of Infinigy’s sUAS and the restricted, controlled environment within

which they will operate (i.e., near cellular towers and nowhere near other aircraft), Infinigy falls 

squarely within the type of operations that Congress intended be authorized pursuant to 

 

26 See Exemption No. 11062 at 22. 

27 See supra note 6.