M ARJORIE K. C ONNER
A TTORNEY
700 W EST V IEW T ERRACE
A LEXANDRIA

, V IRGINIA 22302

A PRIL 6, 2015

703-706-5917 mkconner@mkconnerlaw.com

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., S.E. Washington, D.C. 20590

Re: CellAntenna Corporatio n Petition for Exemption

Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 and

Section 11.81 of the FAA’s rules, 14 C.F.R. §11.81

Dear USDOT:

By counsel, and pursuant to Sec tion 333 of the FAA Modernizati on and Reform Act of 2012 (“Reform Act”), and Secti on 11.81 of the FAA’s rules, 14 C .F.R. § 11.81

, CellAntenna Corporation (“CellAnt enna”) petitions for e xemption from a numb er of Federal Aviation Regulations (“FARs”), 1 as detailed herein, to allow c ommercial operation of small unm anned aircraft systems 2 (“UAS”).

CellAntenna’s petition for exemption (“Petition”) is supported by the information provided herein, as well as its appe nded CellAntenna UAS Operat ions Manual (“CellAntenna Manual”) and each manufacturer’s UAS Manual (“UAS Manual”). 3 CellAntenna submits the

CellAntenna Manual and UAS Manual (the “Manuals”) as confidenti al documents, consistent with Section 11.35(b) of the F AA’s rules, 14 C.F.R. §11.35(b). The Manuals contain confidential commercial and/or pr oprietary information that Cel lAntenna has not shared and will

not share with others. The Ma nuals set forth operating conditi ons and procedures that are not generally available to the public and are protected from releas e under the Freedom of Information Act, 5 U.S.C. § 552 et. seq. and any other disclosure req uirements established by the FAA pursuant to Section 333 of the Reform Act.

1 Specifically, CellAntenna request s exemption from Part 21, Sub part H; Part 27; Sections 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91. 9(c); 91.103; 91.105; 91.109(a) ; 91.119; 91.121; 91.151( a); 91.203(a) and (b); 91.405(a); 91.407(a)(1); 91.409(a )(1) and (2); 91.417(a) and (b ), and any other provision which the FAA determines

should be included in th e exemption request. See Jeffrey J. Walsh, Reg. Docket No. FAA-2014-0681, at 3-4.

2 CellAntenna envisions that its UAS services will include, but will not be limited to, motion picture filming and other photographic services, bridge, building, construction, an d other architectural observation and inspection, electrical power grid inspection , telecom infrastructure inspec tion, disaster recovery and insurance site inspection, as well as agriculture observation and inspection. In addition to these video and visual observation services, CellAntenna will provide UAS bor ne communications services, con sistent with FCC rules and regulations.

3 The UAS Manual includes all manufacturer publications relating to the device, including, without limitation, operations and flight manuals, user guides, component maintenan ce manuals, pilot training manuals, service information letters and safety/service bulletins.U.S. Department of Transportation Docket Management System April 6, 2015 Page 2

I. CellAntenna

CellAntenna is a family-owne d U.S. company, based in Coral Spr ings, Florida. Since 2002, CellAntenna has led the indu stry in marketing and servici ng communications devices. In the course of its business, CellA ntenna has developed a special interest in UAS, particularly in combining its wireless communica tions expertise with UAS device s. CellAntenna’s communications expertise brings a dded reliabili ty and diversity to its UAS operations.

CellAntenna’s contact information is:

Sid Kopperl Chief Operating Officer CellAntenna Corporation

12453 NW 44th Street Coral Springs, Florida 33065 sk@cellantenna.com Telephone: 954-340-7053

CellAntenna’s counsel:

Marjorie K. Conner

700 West View Terrace Alexandria, Virginia 22301

II. CellAntenna’s Proposed Operation

CellAntenna proposes to use UAS f or visual observation, inspect ion, and recording and RF signal extension and detection wor k. CellAntenna has tailored its operations to meet the criteria established in the FAA’s grant of the Astraeus Aerial exemption , Exemption No. 11062, Reg. Docket No. FAA-2014-0352 (“Astraeus Aerial”) and the dozens of similar exemptions granted based on the Astraeus Aerial pre cedent. CellAntenna’s UAS oper ations will be conducted in

accord with the conditions and limit ations set forth in the gra nt of this Petition, CellAntenna’s

Manual and the UAS Manual.

CellAntenna’s UAS operations wi ll be conducted in controlled ci rcumstances, away from spectators and persons not i nvolved in the operation. All oper ations will be conducted during daylight, Visual Flight Rule (“VFR”) conditions, at altitudes b elow 400 feet Above Ground Level (“AGL”). CellAntenna’s op erations will be conducted at a level of safety superior to that of fixed wing aircraft or helicop ters performing the same or si milar work.

III. Relevant Statutory Authority

This Petition is submitted pursuant to Section 333(a) through ( c) of the Reform Act. In the Reform Act, Congress directed the FAA to “safely accelerate the integration of civil unmanned aircraft systems into t he national airspace system.” As directed by Section 333 of the Reform Act, where it is safe to do so, the FAA Administrator ma y permit unmanned aircraft systems to operate in the National Air Space (“NAS”), based on specific considerations:U.S. Department of Transportation Docket Management System April 6, 2015 Page 3

 The UAS’ size, weight, speed, a nd operational capability;

 Control of operation of the UAS i n close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the ope rator.

The Administrator of the FAA al so has general authority to gran t exemptions from its safety regulations and minimum standards when the Administrator determ ines a requested exemption is in the public interest. 4

IV. CellAntenna’s Proposed Operations are Consistent

with Section 333 of the Reform Act and the Astraeus Aerial Exem ption and the dozens of Exemptions Granted based on the Astraeus Aeri al Precedent.

CellAntenna’s proposed operations fit each of the criteria for expedited approval set forth in Section 333 of the Reform Act, a nd is consistent in its basis w ith the 69 Petitions granted by the FAA between September 25, 2014 and May 26, 2015, including Astr aeus Aerial.

A. UAS Size, Weight, Speed, and Operational Capability

A grant of the requested exemption is appropriate because the p hysical properties of

CellAntenna’s UAS meet the si ze, weight, speed, and operational capability criteria meet the parameters set forth in the Astr aeus Aerial grant, and its prog eny. Specifically, CellAntenna’s

UAS

 Weigh less than 55 lb.;

 Will not be flown in excess of 87 knots;

 Will not be flown above 400 ft. AGL;

 Will be flown so that the fli ghts may be safely terminated, inc luding with a reserve of 20% of the battery’s maximum charge capacity;

 The UAS will generate altitude information using onboard GPS tr iangulation equipment, digitally encoded barome tric altimeter, radio altime ter, or a
combination of them. Altitude i nformation will be transmitted to the pilot in charge by telemetric data feed.

 The UAS will have system redundanc ies and independent functiona lities to ensure the overall safety and predictabi lity of the system. If connec tion to the remote control or ground control station i s lost, failsaf e systems wil l permit the UAS to return to home or to a predetermi ned location and safely land w ithout injury or damage.

 The radio frequencies used for operations and control of the UA S will comply

with Federal Communications Com mission (“FCC”) and/or other con trolling rules and specifications.

4 See generally, 49 U.S.C. §§ 106(f), 44701(a), (b), and (f), and 44702-44716, et. seq., and, more specifically, 14 C.F.R. § 11.81.U.S. Department of Transportation Docket Management System April 6, 2015 Page 4

The Administrator has noted t hat if the operations proposed in this petition were conducted using a helicopter, the a ircraft’s take -off weight co uld “weigh thousands of pounds or more and [would be] operated by an onboard pilot, in addition t o other onboard crewmembers.” 5 The weight difference between a helicopter and CellAntenna’s UA S significantly reduces the potential harm to the operator a nd the public, in the event of an accident or incident. Remote operation of the UAS eliminates the risk of harm to the onboard pilot and camera or other device operator. The Administrator is well-acquainted with helicopter accidents that may be avoided by conducting aerial filming, obser vation, and other activities by UAS. 6

B. The Operational Restrictions set forth in the CellAntenna Manua l meet the

Administrator’s criteria.

The CellAntenna Manual and the U AS Manual provide the procedure s and limitations necessary to safely and successfully perform the operations con templated by this petition. Of note, the CellAntenna Manual a nd the UAS Manual provide operati onal limitations and conditions to ensure a high lev el of safety to operations, cons istent to or exceeding current FAA guidelines:

1. The UAS weighs less than 55 lb., fully loaded.

2. The minimum crew for each opera tion will include a Pilot-in-Com mand of the UAS, and one or more Visual Observers ( “Observer”), as necessary to conduct a safe

mission.

3. The UAS shall be operated within V isual Line of Sight (“VLOS”) of the PIC and

Observer at all times.

4. The PIC must use human vision una ided by any device other than corrective lenses.

5. The Observer designated for a ny operation will be in constant v oice contact with the

PIC.

6. Any additional requirements set forth in the Administrator’s gr ant of this petition

shall be added to the CellAntenna Manual. The CellAntenna Manu al shall be maintained and made available to the Administrator upon request . If any discrepancy

exists between the conditions a nd limitations in the exemption, as granted, and the CellAntenna Manual, the conditi ons and limitations in the exemp tion, as granted, shall take precedence and shall be followed.

7. Maximum total flight time for each operational flight shall be limited to that amount of time that the UAS may be flown and still maintain a reserve battery power capacity

of no less than 20%.

5 Singer’s Creations, Exemption No . 11191, Reg. Docket No. FAA-2 014-0915, at 2.

6 The National Transportation Safe ty Board (“NTSB”) maintains a database of Aviation Accidents. It may be

accessed at: http://www.ntsb.gov/_layouts/ ntsb.aviation/month.aspx . Some of the helicopt er accidents reported there include: NTSB Report AAR -84-14, reporting three fataliti es and six injuries in a closed set helicopter filming operation; MIA07FAH7, reporting two fatalities and one serious injury in a photo shoot over water; and NIC08FA071, reporting three fa talities during a search for a lo st hunter.U.S. Department of Transportation Docket Management System April 6, 2015 Page 5

8. Flights will be operated at a n altitude of no more than 400 fee t AGL. Flights will never enter navigable controlle d airspace without prior written authorization and approval from the FAA.

9. Lateral distances from particip ating persons, as defined in FAA Order 8900.1 V3, C8, S1, will be maintained.

10. Flights will be operate d at a lateral dista nce of at least 500 feet from any nonparticipating persons, unless that person is in a position in w hich he or she is shielded from the UAS and possible debris resulting from UAS failure. F light will be terminated if a non-particip ating person within 500 feet of the UAS leaves a shielded position. At no time will the UAS be conducted so close to per sons or objects to present and undue hazard to the PIC or Observer, as prescribed in Section 91.119(a) of the FAA’s rules, 14 U.S.C. § 91.119(a).

11. Flights will be limited to a speed of 78 knots.

12. Prior to each flight the PIC shall inspect the UAS to confirm t hat it is in safe-flight condition. The PIC shall not oper ate the UAS if the inspection reveals a condition that adversely affects the sa fe operation of the UAS unless and until the condition has

been removed and the UAS is found to be in safe-flight conditio n. The Ground Control Station (“GCS”) shall be included in the preflight insp ection. All maintenance, repairs, and alterations shall be properly documen ted in the UAS

records.

13. Any UAS that has undergone maint enance, repair, or alteration t hat affects the UAS operation or flight characteristi cs must undergo functional tes t flight in accordance

with the CellAntenna Manual . The PIC conducting the functional test flight must record the functional test flight and its results in the UAS ai rcraft records. The requirements and procedures for functional test flights and UAS entry are prescribed by the CellAntenna Manual.

14. The UAS will be operated and maint ained according to the UAS Ma nual.

15. Prior to any flight, a Mission P lan shall be recorded, setting forth the operational limitations and conditions for the mission, as well as key pers onnel contact information and a description of any anticipated hazards on or in the vicinity of the planned flight path or area.

16. Unless the FAA relieves it of thi s obligation, CellAntenna shal l obtain a Certificate of Waiver or Authorization (“COA”) from an Air Traffic Organizatio n (“ATO”) prior to conducting operations. As long as required or appropriate, Cel lAntenna shall request a Notice to Airmen (“NOTAM”) wit h the appropriate ATC facility between 48 – 72 hours before flight.

17. If any permissions or permits are required by territorial, stat e, county, or municipal jurisdictions before flight, Ce llAntenna shall obtain them.

18. CellAntenna shall coordinate i ts operations with the appropriat e Flight Standards District Office (“FSDO”), as required.

19. If the UAS loses communication w ith the PIC, it sh all return to a pre-determined location within the operationa l area and land safely.U.S. Department of Transportation Docket Management System April 6, 2015 Page 6

20. CellAntenna will ensure contingency plans to safely terminate t he flight if there is a

loss of communication betwee n the PIC and the Observer.

21. The UAS shall have the capability to abort the flight safely inthe case of flightaffecting unpredicted obstac les or emergencies.

22. Each PIC and each Observer will hold at least a current second class medical

Certificate.

23. Each PIC shall have accumulat ed and logged at least 12 hours tr aining hours or 24 flights accrued before desi gnated as a PIC on any flight.

24. Each PIC shall have accumulated and logged a minimum of 5 hours as a UAS pilot operating the make and model of UAS to be utilized for operatio ns under the exemption, including three take -offs and three landings within the 90 days immediately preceding any flight.

25. Operations shall be conducted onl y during daytime VFR Meteorolo gical Conditions; no flights shall be conducted unde r special visual flight rules (“SVFR”).

26. The UAS shall remain clear and y ield the right of way to any an d all manned operations and activities at all times, including, without limi tation, ultralight vehicles, parachute activities, parasa iling activities , hang gliders.

27. UAS operations under Instrument F light Rules, at night, or beyo nd VLOS are prohibited.

V. Regulations from which CellAntenna requests Exemption.

CellAntenna requests exemption f rom several interrelated provis ions of Title 14 of the CFR, Parts 21, 45, 61, and 91, for purposes of conducting its UAS op erations. The specific code sections are listed below, al ong with operational protections d emonstrating that CellAntenna will achieve equivalent or greater sa fety protections than the rule from which it seeks exemption.

A. Certain required documents to be kept at the CGS: Sections 91.9(b), 91.203(a) and (b), 47.31(b)(2), and 47.31(c) of Title 14 of the CFR.

On August 8, 2014, Mark W. Bury, Assi stant Chief Counsel for In ternational Law, Legislation and Regulations, AGC -200, issued a Memorandum regar ding the maintenance of certain required documents when f lying UAS (“Memorandum”). Spe cifically, the Memorandum

stated that maintenance of the a irworthiness certificates, airc raft manuals, and aircraft registration certificates at the CGS would satisfy the intent o f the governing FAA regulations. 7
CellAntenna proposes to maintain t he required documents at the GCS, available to the PIC.

7 See also, e.g., Astraeus Aerial, 19-20 ; Jeffrey J. Walsh, Grant of Exemption No . 11229, Reg Docket No. FAA2014-0681, at 4 (“Walsh”).U.S. Department of Transportation Docket Management System April 6, 2015 Page 7

B. Provisions from which Exemption may be Unnecessary.

In an abundance of caution, CellAnt enna seeks exemption from th e obligations of certain provisions with which t he Administrator may find CellAntenna’s operations comply or that they are inapplicable to UAS opera tion. These sections are:

1. Airworthiness Standards Normal Category Rotorcraft: 14 C.F.R. Part 27

Airworthiness Certificates: 14 C.F.R. Part 21

Part 21 of Title 14 sets for the re quirements for Airworthiness Certificates for Products

and Parts. Part 27 of Title 14 sets forth the procedural requir ements for airworthiness certification of normal category r otorcraft. In the recent dec ision on the petition for exemption filed by Solusia Air, LLC, 8 the FAA determined that in accord with the statutory criteria set forth in Section 333 of Reform Act, and in consideration of the size, weight, speed, and limited operati ng area associated with UAS and its operation, the Secretary of Transportation has determined that the UAS meets t he criteria of Section

333 of the Reform Act. Therefore , the FAA found that relief fr om 14 C.F.R. Part 21, and 27 was well as any associated no ise certification and testing r equirements of Part 36 was

unnecessary.

Similarly, the UAS proposed for C ellAntenna’s operations meets the Section 333 criteria. CellAntenna requests a determination that relief from Parts 21, 27, and 36 is unnecessary.

2. Aircraft Marking and Identifica tion Requirements: 14 C.F.R. §§ 91.9(c), 45.23(b), and 45.27(a)

In Solusia Air, the FAA said tha t it has previously determined, in Astraeus Aerial, that

relief from these sections is not necessary. Relevant material s may be kept in a location accessible to the PIC in compliance with the regulations, and , as in Astraeus Aerial, compliance with registration and m arking requirements of Part 4 5 may be met 9 because the UAS is not granted experime ntal certificates under Section 21.191 of the FAA’s rules, and because the UAS may be marked, in accord with 14 C.F .R. Part 45 with identification markings “as large as practicable.” 10

CellAntenna will mark its UAS wit h N-Number identifiers in a ma nner which is as large as practicable, so that and equiva lent level of safety may be a chieved.

3. Preflight Action: 14 C.F.R. § 91.103

CellAntenna requests exempti on from Section 91.103 of the FAA’s rules, 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific i nformation before each flight, including information con tained in the FAA-approved Fli ght Manual on board the

8 Solusia Air, LLC, March 20, 2015 , Exemption No.11216, Reg. Doc ket No. FAA-2014-0912, at 2.

9 Solusia Air, at 5.

10 Astraeus Aerial, at 14.U.S. Department of Transportation Docket Management System April 6, 2015 Page 8

aircraft. The FAA stated that a UAS operator can comply with t he other requirements of Section 91.103(b)(2). Pre-flight p rocedures that require revie wing weather, flight battery requirements, landings, and take- off distances and aircraft per formance data before initiation of flight address the FAA’s concerns regarding compl iance with Section 91.103(b). 11 The CellAntenna Manual sets for exactly these pre-flight proc edures and

more.

CellAntenna will achieve an equi valent level of safety by ensur ing compliance with the procedures set forth in the CellAntenna Manual. The PIC will r eview a series of checklists designed to identify a ny defects or inoperable compo nents in in accord with the CellAntenna Manual, includi ng checklists covering Pre-Fligh t, Launch, Landing, and Post-Flight procedures. The PIC will also be required to revie w weather, flight requirements, battery charge, l anding and takeoff distance, UAS performance data, and contingency landing areas – befo re initiation of flight. The P IC and the Observer will

take into account the FAA’s strict er requirements with regard t o visibility and distance from clouds. They will also be aware of sun glare hazards.

C. Other Provisions from which CellAntenna Seeks Exemption.

1. Civil Aircraft Airworthine ss: 14 C.F.R. § 91.7(a) and (b)

In Solusia Air, the FAA determin ed that relief from Section 91. 7(a) and (b) is

necessary. 12 It determined that compliance with the UAS operating document s to be a sufficient means for determining an airworthy condition – based on compliance with the operating documents prior to every flight. 13

CellAntenna requests exempti on from Section 91.7(a) of the FAA’ s rules, 14 C.F.R § 91.7(a). The CellAntenna and the U AS Manual require the PIC to perform UAS inspection prior to eve ry flight. The Manuals set forth standa rds for test flight after repair or significant maintenance, and s et forth the timetable for rou tine maintenance and replacement of parts. An equiva lent level of safety is achieve d by the degree of attention

to the airworthiness of CellAntenna’s UAS.

2. Flight crewmembers at stations: 14 C.F.R. § 91.105

Section 91.105 of the FAA’s rul es, 14 C.F.R. § 91.105, requires that flight crewmembers be at specific places aboard the aircraft. Because the UAS is unmanned, no crewmembers are present on UAS f lights. Compliance with Sectio n 91.105, is therefore impossible.

CellAntenna will maintain a Section 91.105-equivalent level of safety because it will avoid the dangers sought to be ameliorated by it. As no passen gers or crew will be

11 Solusia Air, at 5.

12 In contrast, in Astraeus Aerial, the FAA determined that “beca use an airworthiness certif icate will not be issued, exemption from § 91.7(a) is not necessary. In an abundance of caution, CellAntenna requests an exemption of § 91.7(a), if the FAA determines an exemption is necessary and a ppropriate.

13 Solusia Air, at 2.U.S. Department of Transportation Docket Management System April 6, 2015 Page 9

onboard, there is no need to specif y the places at which the cr ewmembers will be stationed. CellAntenna will achieve an equivalent level of saf ety because the CellAntenna Manual specifies st ations for the PIC and Observer for all flight phases.

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

CellAntenna requests an exemption from the minimum safe altitud e requirements set forth in Section 91.119 of the FAA’s rules, 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe al titudes under which aircraft may not operate, including

500 feet above the surface and a way from any person, vessel, ve hicle, or structure in noncongested areas. (Section 91.119( c)) Section 91.119(d) allows for a helicopter to operate

a lower altitudes when it can be operated “without hazard to pe rsons or property on the surface,” provided that “each pers on operating the helicopter complies with any routes or altitudes specifically prescrib ed for helicopters by the FAA.”

An exemption is appropriate because in order to conduct aerial observation and filming and conduct the RF applications pr oposed by CellAntenna, a UAS must operate at an
altitude of lower than 400 f eet AGL. Order No. 8900.1 V3, C8, S1 allows UAS operations to be closer than 500 f eet from persons involved in the flight operations.

CellAntenna will accomplish an equivalent level of safety by mi nimizing the dangers attendant to the flights ge nerally controlled by Section 91.119 . Helicopters, by their size, fuel load, and difficulty to contro l, are much more dangerous t han UAS devices. With the minimal size, weight, and sp eed of CellAntenna’s UAS, as we ll as the CellAntenna Manual’s requirement that flight s be in restricte d areas, a lat eral distance of at least 500 feet from any nonparticipating uns hielded person, CellAntenna’s proposed UAS flights are much safer than helicopter or fixed wing manned flights for the same purposes.

If any nonparticipating person leaves a shielded position, the CellAntenna Manual requires that the flight be term inated. Additionally, the Cell Antenna Manual requires that UAS operations occur at least 500 f eet away from vehicles or st ructures for which the property owner or controller has not granted permission and the PIC or the Observer has not conducted a safety assessment.

CellAntenna requests permissi on to conduct operations as close as 200 feet from nonparticipating persons with the c onsent of the Administrator, as granted to Astraeus

Aerial. 14

Even in the closer proximities, CellAntenna’s operations will a chieve and equivalent or even greater level of safety than that traditionally accomplish ed by Section 91.119.

4. Altimeter Settings: 14 C.F.R. § 91.121

CellAntenna requests an exemption from Section 91.121 of the FA A’s rules, 14 C.F.R. § 91.121, which requires a person opera ting an aircraft to mainta in cruising altitude or

14 Astraeus Aerial, at 20-21.U.S. Department of Transportation Docket Management System April 6, 2015 Page 10

flight level by refer ence to an altimeter that is set to the el evation of the depa rture airport or barometric pressure. And exe mption is required to the exten t that UASs do not use a

barometric altimeter. Rather UASs maintain altitude and monito r it through an onboard

GPS altitude read out.

In the grant of the Astraeus Ae rial exemption, the FAA has stat ed than a Section 91.121 equivalent level of safety can be achieved in circumstances whe re: 1) the UAS is operated at 400 feet AGL or below; 2 ) within VLOS; 3) where GPS based altitude information is relayed in real time to the operator at a ground -based on-screen display; and 4) where prior to each flight , a zero altitude initiation p oint is establis hed for the PIC to confirm accuracy of the onboard GPS. 15

CellAntenna’s UAS meets all of t hese described operational char acteristics. As required by the CellAntenna Manual, the PIC will be required to calibrat e the aricraft’s GPS compass prior to each flight. Lik e the grant of the Astraeus A erial exemption, the CellAntenna UAS, and the CellAntenna Manual safety mitigation p rocedures both ensure a Section 91.121-equivale nt level of safety.

5. Fuel Requirements for Flight in VFR Conditions: 14 C.F.R. § 91 .151(a)

CellAntenna requests an exemption from Section 91.151(a) fuel r equirements for flight in VFR conditions. Section 91.151 requi res sufficient fuel onboar d to fly to the first point of intended landing and then some before a flight may begin. B ecause UAS devices are not powered by “fuel” but by batter y power, the fuel requiremen t is not meaningful in the

UAS context.

The FAA has recognized that an equivalent level of safety may b e achieved through reservation of ample battery power , specified as a reserve of 2 0% of battery power or completion of the flight within 30 m inutes flight time, whichev er comes first. 16

Not only does the CellAntenna Manua l specify compliance with th e FAA’s battery reservation requirement, but CellA ntenna’s UAS uses a low batte ry warning system. The amount of battery reserve power r emaining will be transmitted t o the PIC via telemetric data feed, which downlinks fro m the UAS to a ground-based-on-sc reen display. As specified in the CellAntenna Ma nual, the PIC will immediately f ly the UAS back to the home launch location or a pre-dete rmined location at which the UAS may land safely, while still maintaining a minim um of 20% reserve battery power. The CellAntenna Manual procedures, combined with its flight limitations, the si ze, weight, speed, and operational capability of the UAS devices – within the VLOS of the PIC and Observer ensure that CellAntenna’s proposed operation will equal, and ma y exceed, Section 91.151 safety levels.

6. Maintenance Inspections : 14 C.F.R. §§ 91.405(a), 91.407(a)(1) , 91.409(a)(1) and (2), 91.417(a) and (b)

15 Astraeus Aerial, at 21.

16 See, e.g., Astraeus Aerial, at 21; Clayco , Inc., Exemption No. 11109, Dock et No. FAA-2014-0507, at 15.U.S. Department of Transportation Docket Management System April 6, 2015 Page 11

Sections 91.405(a), 91.407(a)(1 ), 91.409(a)(1) and (2), 91.417( a) and (b) of the FAA’s rules, 14 C.F.R. §§ 91.405(a), 91.407( a)(1), 91.409(a)(1) and (2), 91.417(a) and (b), require that an aircraft be ins pected and have discrepancies re paired, in accord with Part

43 of the FAA’s rules. Part 43 rel ates to airworthiness certif ication processes.

Airworthiness certificates are not appropriately obtained for U AS devices, so that an exemption from the Maintenance Inspection rules is appropriate.

CellAntenna will maintain an equi valent level of safety by cond ucting maintenance and inspections in accord with the CellAntenna Manual and the UAS M anual. The PIC will conduct a pre-flight inspecti on of the UAS and all associated e quipment to account for any discrepancies or inoperable components. CellAntenna will p erform and verify maintenance to correct any condi tions which may affect safe ope ration of the UAS. No flights will be undertaken unless and until all flight-critical components of the UAS have

been determined to be airwort hy and in a safe operation conditi on. CellAntenna will conduct a functional test flight following the replacement or r epair of any flight-critical components. The PIC will record the functional test flight in the aircraft records upon successful completion.

The CellAntenna Manual also inclu des requirements to follow man ufacturer UAS aircraft/component, maintenance, ov erhaul, replacement, inspect ion, and life-limit specifications for essential com ponents, including: powertrain system (power plant), propellers, avionics, and contro l surfaces (incl uding ailerons/ elevens), structures and airframe, camera system, elect rical systems (including batterie s), GCS, hazard accessories, and spare parts. The CellAntenna Manual also incl udes procedures to document and maintain a record of the UAS maintenance, preventa tive maintenance, alterations, status of replacemen t/overhaul component parts, an d the total time in-service

of CellAntenna’s UASs. As a whol e, the procedures specified in the CellAntenna

Manual ensure that maintenance inspections will be conducted in a manner to achieve an equivalent or higher level of s afety, when compared to the FAA’ s rules.

7. Private Pilot Privileges a nd Limitations: 14 C.F.R. § 61.113

Section 61.113 of the FAA’s rul es, 14 C.F.R. § 61.113, restrict s private pilot certificate holders from flying aircraft for compensation or hire. It also would require each PIC to

hold a second class medical certi ficate. The restrictions and requirements of Part 61 are designed to protect passengers or cargo when carried for hire. Operation of a UAS for

hire bears much less risk to lif e, limb, and treasure, because of the size, weight, speed, and operational capability of the UAS. CellAntenna’s UAS will not carry passengers or

cargo.

The FAA has recognized the unique characteristics of UAS, and a cknowledged that UAS operation does not warrant the add itional cost and restrictions attendant to requiring a

PIC for hire to have a commercia l pilot certificate and a secon d class medical certificate.

CellAntenna will ensure Secti on 61.113-equivalent safety throug h the requirements set

forth in the CellAntenna Manual . The CellAntenna Manual includ es the restrictionsU.S. Department of Transportation Docket Management System April 6, 2015 Page 12

imposed on Astraeus Aerial in t he exemption granted to it. Cel lAntenna will operate away its UAS away from persons and property not involved in its operation. Flights will be conducted by VLOS at 400 feet AGL or below. When required, a NOTAM will be issued between 48 and 72 hours before the flight will commence. As required, the flight will be coordinated with the appropriate FSDO.

CellAntenna’s PICs are and will be thoroughly conversant in air space and communications issues arising in all aircraft operations and, p articularly, in the unique aspects of UAS operations. The Cel lAntenna Manual requires PIC s to have UAS experience, including flight tim e logged with the specific make and model he or she deploys for each mission. These precautions ensure that CellAn tenna’s operations will achieve a level of safety equi valent to or even higher than tha t achieved by the requirements of Section 61.113 of the FAA’s rules.

D. Drug and Alcohol Program

CellAntenna is an ongoing business. It is a small, family-owne d company. It currently has policies in place to ensure that no person is under the influen ce of alcohol or any drug while conducting CellAntenna business. Its policies will extend to e nsure that no person may participate in UAS flight operati ons under the influence of alc ohol or any drug.

E. Public Interest.

The FAA recently documented the significant public interest in the grant of petitions for exemption so that UAS may be commercially deployed. In the pro cess of proposing rules for UAS, the FAA’s Office of Aviati on Policy and Plans, Economic An alysis Division issued an evaluation of the impact of the proposed rules ( “OAPP Regulator y Evaluation”). The evaluation

found both economic benefits and s afety benefits in the operati on of UAS, particularly to the extent UAS replaced more dangerous activities. 17

In the OAPP Regulatory Evalua tion, the FAA specifically analyze d four UAS commercial uses: A) Aerial Photography; B) Precision Agriculture; C) Sear ch and rescue/law enforcement; and D) Bridge Inspection.

A. Aerial Photography

Considering use of UAS in Aeria l Photography, the FAA found tha t by substituting an unmanned aviation operation using a ve ry light aircraft for a m ore complex manned aviation operation that uses a much heavier aircraft, dangers of an acci dent, to both people onboard and on the ground, are minimized. The FAA also recognizes that cos t-savings will occur by the

reduction in cost for aerial photography. 18

17 OAPP Regulatory Evaluation, at 14-26

18 Id., at 16-17U.S. Department of Transportation Docket Management System April 6, 2015 Page 13

B. Precision Agriculture

Considering use of UAS in precis ion agriculture, the FAA recogn ized the likely limited use of UAS in agriculture. The F AA did not expect that UAS would b e used to apply pesticides or fertilizers, but UAS can be us ed to monitor application and yie lds. UAS may be employed to collect data on the hydration and ge neral condition of crops. The information gathered allows farmers to manage water, insec ticide application, and nutrient application. These more efficient uses of resources save agricultu ral investment, increase produc tivity, and may even have a positive impact on the environment. 19

C. Law Enforcement

Law enforcement uses of UAS are of particular interest to CellA ntenna. 20 In considering use

of UAS in law enforcement and di saster recovery and relief, the FAA recognized the significant cost savings to federal, state , and local governmental entities . Cost savings, as compared to deployment of helicopters, r uns up to $550/hour of governmental funds. While not all helicopter missions may be replaced with UAS missions, the cost savings of substitution may be significant. Additiona lly, the speed to deployment, the stealt h capabilities, and the safety aspects of UAS substitution bring significant benefit to the public. 21

D. Bridge Inspections

In considering use of UAS in bridge inspections, the FAA noted that it is difficult for helicopters to get close enough to br idges for adequate inspect ion. Expensive, special equipment must be deployed, and often human bei ngs climb the bridges to v iew bridge conditions up close. Use of UAS in bridge inspecti ons bring cost savings and safety benefits. 22

E. FAA Precedent

Even before the FAA conducted its analysis of the public intere st benefits of commercial deployment of UAS, the FAA r ecognized its benefits. In grantin g the dozens of exemptions granted so far, the FAA found tha t UAS operations significantly improve safety and reduce risk by alleviating the public’s exposur e to danger and emissions as sociated with traditional aircraft and helicopter operation. CellA ntenna’s proposed operations wi ll be battery powered avoiding the ignition hazards attendant to fuel-powered operations. The FAA has recognized that accidents involving UAS are significantly less dangerous -- to pilots and the public -- than accidents involving full-size helicopters.

CellAntenna’s proposed operations are similar to the operations proposed in the dozens of exemptions granted by the FAA. P articularly, in the recent gra nt to Jeffrey J. Walsh, 23 the FAA

noted that the enhanced safet y achieved using an unmanned aircr aft (UA), as proposed by Mr.

19 Id., at 18

20 CellAntenna’s long service to l aw enforcement agencies is docu mented, in part, in its efforts to eradicate

contraband wireless devices fro m correctional facilities in FCC Docket No. 13-111.

21 OAPP Regulatory Evaluation, at 18-20

22 Id., at 22-23

23 Jeffrey J. Walsh, Docket No. FAA -2014-0681, granted March 24, 2015.U.S. Department of Transportation Docket Management System April 6, 2015 Page 14

Walsh and CellAntenna, and carry ing no passengers or crew, rath er than a manned aircraft of significantly greater proportions , carrying crew, in addition t o flammable fuel, gives the FAA good cause to find that the UAS operation enabled by [Mr. Walsh ’s] exemption is in the public

interest.

F. Federal Register Summary

CellAntenna notes that the relief requested in this petition is identical to the exemption granted to dozens of other peti tioners. Pursuant to Section 11 .87 of the FAA’s rules,

CellAntenna asks that the FAA forego publication of its petitio n in the F EDERAL R EGISTER . If the

FAA determines that F EDERAL R EGISTER publication is necessary, Cel lAntenna provides the following summary for publication in the F EDERAL R EGISTER

.

CellAntenna seeks an exemption fro m the several provisions of T itle 14 of the Code of Federal Regulations. Specifically:

Part 21, Subpart H; Part 27; S ections 45.23(b); 45.27(a); 61.1 13; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.105; 91.109(a); 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 91.407(a)(1); 91.409(a)(1 ) and (2); 91.417(a) and (b ).

The requested exemption will enhance public safety by reducing risk to the general public and property owners from the substantial hazards associa ted with performing equivalent work with conventional fixed-wing aircraft, rotorcra ft, or other methods.U.S. Department of Transportation Docket Management System April 6, 2015 Page 15

G. Conclusion

CellAntenna’s Petition for exemp tion satisfies the criteria art iculated in Section 333 of the Reform act, including size, wei ght, speed, and oper ational capa bility, proximity to airports and populated areas, operation within V LOS and national security. The proposed UAS operations will benefit the public as a w hole by improving safety and redu cing risk by alleviating human exposure to danger. In consider ation of the foregoing, this Pe tition for Exemption provides the FAA with sufficient justificati on for grant of the request allo wing CellAntenna to perform commercial operations using UAS.

CellAntenna appreciates your prom pt consideration of its Petiti on. Should questions arise, please give me a call to discuss.

Very truly yours,

Marjorie K. C onner C ounsel to CellAntenna Corporation

Attachment A: CellAntenna Manual

Attachment B: UAS Manual

Attachments contain proprietar y and commercial information and are exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552, et. seq., and should be held in a separate

confidential file in accord w ith Section 11.35(b) of the FAA’s rules, 14 C.F.R. § 11.35(b).

# Confidential Attachment A

CellAntenna Manual

# Confidential Attachment B

UAS Manual